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ICE’s ‘Citizens Academy’ Has No Place in Communities That Welcome Immigrants

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  U.S. Immigration and Customs Enforcement (ICE) announced last week that it was launching a “Citizens Academy” in Chicago. The move justifiably generated everything from confusion to anger and fear from elected officials and community members. The program is already the subject of recently introduced bills to ban funding for it. ICE describes the program,

 

U.S. Immigration and Customs Enforcement (ICE) announced last week that it was launching a “Citizens Academy” in Chicago. The move justifiably generated everything from confusion to anger and fear from elected officials and community members. The program is already the subject of recently introduced bills to ban funding for it.

ICE describes the program as a six-day training that will launch on September 15. The program is targeted toward stakeholders, including religious leaders, community-based organizations, and local, state, and federal public officials. ICE’s Enforcement & Removal Operations (ERO) unit will run the program. The ERO office is tasked with arresting, detaining, and deporting people from the United States.

The agency claims “participants will hear directly from ERO officers and learn about ICE policies and procedures.” The program will also afford ICE “the opportunity to hear from participants, understand their perspectives and debunk myths.” But the invitation letter addresses another component of  the program:

Those who attend will have the opportunity to “participate in scenario-based training and exercises conducted in a safe and positive environment,” which will include “defensive tactics, firearms familiarization, and targeted arrests.”

The public has good cause to reject what ICE has pitched as an effort at transparency and engagement.

ICE has not provided local communities around the country with reason to trust any public outreach initiatives by the agency. This is particularly true for sanctuary jurisdictions such as Chicago, which has declared itself a “Welcoming City.”

Many communities have been subjected to stepped-up immigration enforcement during the Trump administration.

They know firsthand that ICE can and will escalate its tactics to continue to arrest, detain and deport more and more people from the United States.

According to ICE, the program includes visiting a detention center and learning more about ICE’s health care system. Participants will also hear about ICE’s “role in ensuring dignity, respect and due process of an immigration case from start to finish.” Actions speak louder than words, however, and ICE’s past track record speaks for itself.

Advocates have long documented and sued over the abysmal medical care in ICE detention facilities, which has resulted in avoidable deaths.

ICE has a poor track record with ensuring “dignity, respect, and due process” too. In Chicago, where the pilot program take place, a lawsuit alleging that ICE violated the immigration statute and the Constitution has been allowed to proceed by a district court judge. The lawsuit alleges that ICE engaged in unlawful tactics during a week of enforcement operations in May 2018, which include racial profiling and forcing Latino residents to get fingerprinted.

 

16-Jul: ICE is creating armed civilian militias and training them to “detain immigrants” on America’s streets.

ICE’s six-week, invite-only “Citizens Academy” course includes training on “defensive tactics, firearms familiarization and targeted arrests.” https://t.co/UxfmMGqkmM

— Chad Loder (@chadloder) July 17, 2020

ICE’s promise to provide “scenario-based training” with firearms deepens the concern. The description is disturbing in its military overtones. It mirrors ICE’s Office of Training and Tactical Programs (OTTP) Firearms and Tactics Division, where ICE officers are trained at the U.S. military base in Fort Benning, Georgia.

The description of the “Citizens Academy” training has rightly prompted the Chicago mayor as well as members of Congress to denounce any effort to train community members to target friends and neighbors for immigration enforcement or to otherwise encourage vigilantism.

It is difficult, if not impossible, to imagine a scenario in which the public and targeted communities can trust ICE’s motives. But ICE’s “Citizen’s Academy” is certainly not a welcome move.

Source: ICE’s ‘Citizens Academy’ Has No Place in Communities That Welcome Immigrants

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The Green Card Process Through the Lens of a DMV Visit

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As an immigration attorney, I try to provide clients with a basic, yet insightful, understanding of various aspects of a complex immigration system. It’s not always easy, but I often find analogies to something commonplace can be helpful.  One analogy I’ve found to work well to explain the green card process beyond describing its mere,

As an immigration attorney, I try to provide clients with a basic, yet insightful, understanding of various aspects of a complex immigration system. It’s not always easy, but I often find analogies to something commonplace can be helpful.  One analogy I’ve found to work well to explain the green card process beyond describing its mere sequence of form filings likens the process to a visit to a Department of Motor Vehicles (DMV) office.

In my practice area of business immigration law, green card processes are mostly employment-based and involve the successive filing of a labor certification application, immigrant petition, and adjustment of status application (with the first not always required and the latter two sometimes eligible for concurrent filing). So I’ll refer to these types of filings in describing the analogy here.  But variations of the analogy may be equally applicable to other types of green card processes, such as those in which the aspiring permanent resident will apply for an immigrant visa overseas rather than adjustment of status within the United States, as well as those based on family relationships and those available to asylees and refugees.

The trappings of a visit to the DMV, no matter the state, may be familiar to you: the issuance of a waiting number determining your place in a queue, followed by a long wait for your number to be called at one of several counters to file required paperwork, followed yet again by a lengthy wait for your paperwork to be processed, and eventually – hopefully – approved without issue.  The counter at which you’ll be called, and the length of the corresponding queue (or maybe in some fortunate instances, the absence of one altogether), often depends on specific factors, such as the type of service you’re seeking.

Just as you’re issued a waiting number upon entry into a DMV office, aspiring permanent residents are issued a priority date when the first major filing in their green card process (either the labor certification application or immigrant petition) is submitted.  The priority date is the date this first filing is submitted and determines, once the immigrant petition is approved, the aspiring permanent resident’s place in any existing queue to apply for adjustment of status.

Similar to how you wait at the DMV for your number to be called to file your paperwork at the appropriate counter, aspiring permanent residents face varying wait times for their priority date to be “called” at a designated “counter” to apply for adjustment of status.  The “counter” in the green card process at which aspiring permanent residents must apply for adjustment of status is based on a combination of two main factors: their immigrant classification (which, when speaking with clients, I refer to as their “green card category”) and their country of chargeability (which I refer to as their country of birth).  Aside from some significant exceptions outside of the employment-based green card process,[1] the law limits the supply of green cards available each fiscal year.  Because the law allocates this limited supply based on a combination of both immigrant classification and country of chargeability, queues form at “counters” where the demand for green cards exceeds the available supply.  And the more severely demand exceeds supply, the longer the queue will be. This analogy helps to show why EB-2 and EB-3 immigrants born in India and China are often confronted with waits lasting many years for their priority date to be “called” at their designated counters,[2] while EB-2 and EB-3 immigrants born in most other countries often face no such queue.  In technical terms, the existence of a queue at a given “counter” means the availability of green cards associated with that counter’s classification and chargeability combination is “retrogressed.”  If there’s no queue, green card availability at that counter is “current.”

A visit to the DMV often entails a wait of several hours sitting and keeping watch of your designated counter at it serves the visitors who arrived before you until your own number is finally called.  Likewise, many aspiring permanent residents monitor the often plodding, month-to-month movement of “cut-off dates” in the Bureau of Consular Affairs’ monthly Visa Bulletins for the designated “counter” at which they must apply for adjustment of status.[3]  The Visa Bulletin for a given month contains various charts showing whether a queue for filing an adjustment of status application exists for any classification and chargeability combination, and if so, how long the queue is.  Combinations for which there is no queue are assigned a “C” notation, indicating that green card availability is current and that the adjustment of status application can thus be filed at any time that month, including in concurrence with an immigrant petition if it has not already been approved, and assuming any prerequisite labor certification has been granted. Combinations for which there is a queue, and for which green card availability is thus retrogressed, are denoted by a “cut-off date,” with older dates reflecting longer queues.  Aspiring permanent residents seeking to adjust status at a “counter” at which green card availability is retrogressed can track their place in the queue by comparing their priority date with the applicable cut-off date each month.  Priority dates that fall before the applicable cut-off date in a given month are those that have been “called,” indicating that much like counters at which green card availability is current, an adjustment of status application can be filed at any time that month, including in concurrence with an immigrant petition if it has not already been approved, and assuming again that any prerequisite labor certification has been granted.

Like processing of paperwork filed at a counter at the DMV, processing of an adjustment of status application may take a long time.  But eventually – hopefully – the application is approved without issue.  And unlike a visit to the DMV, having qualified counsel during the green card process can make all the difference in one’s chance of success.

[1] For example, “immediate relatives” (spouses and children of US citizens, and parents of US citizens if the citizen is at least 21 years old) are exempt from annual numerical limits on green card availability. INA 201(b)(2)(A)(i).
[2] Aspiring permanent residents for whom the queue for applying for adjustment of status involves a wait of several years, such as EB-2 and EB-3 immigrants born in India and China, commonly change jobs or employers in the course of their wait. Such a change can require a restart of the green card process since employment-based green card processes are generally job and employer specific.  But to allow aspiring permanents residents who change jobs or employers to keep their place in queue, the law permits them to retain their priority date under certain conditions if they are the beneficiary of a previously approved EB-1, EB-2, or EB-3 immigrant petition, and likewise become the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant petition based on their new job or employer. 8 CFR 204.5(e). 
[3] US Citizenship and Immigration Service also publishes monthly updates indicating whether to use the Visa Bulletin’s Dates for Filing charts or its Final Action Dates charts, to determine whether an adjustment of status application may be filed.

Source: The Green Card Process Through the Lens of a DMV Visit

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