AMERICAN IMMIGRATION LAWYERS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER LOS ANGELES COUNTY BAR ASSOCIATION, IMMIGRATION SECTION

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1 AMERICAN IMMIGRATION LAWYERS ASSOCIATION, SOUTHERN CALIFORNIA CHAPTER & LOS ANGELES COUNTY BAR ASSOCIATION, IMMIGRATION SECTION LIAISON MEETING WITH USICE OCC/OPLA & USICE ERO in Los Angeles, California on May 13, 2015 Sandra Anderson, Chief Counsel; David Jennings, FOD ERO OCC / OPLA 1. Whom can we contact when the file of a court granted case is not properly transferred to the USCIS for data processing? In these situations, we are told by the USCIS that the file is with litigation and there is nothing they can do. Clients are left without any proof of legal status and at least one person has been suspended from their job, even though they have been granted relief (e.g. cancellation of removal) by the IJ. Please tell us what we can do to facilitate the transfer of the case file. Contact Duty Attorney at (213) or dutyattorney.los@ice.dhs.gov 2. Is there a procedure in place to deal with people who are detained who appear to be eligible for DACA (either under just the initial DACA or under the initial plus expanded program)? Likewise, is there a procedure in place to deal with those who appear to be eligible for DAPA? Was there a procedure for expanded DACA and DAPA before the injunction? On February 12, 2015, a court in Texas enjoined the expanded DACA and DAPA. ICE ERO still screens individuals taken into custody to see if they are eligible under the 2012 DACA guidelines. If you believe that your detained client is eligible, you can speak with their Deportation Officer or you can contact ICE Office of the Public Advocate Community helpline at (888) While we are aware that biometrics and fingerprinting are the responsibility of USCIS, it has become an unimaginably tedious and frustrating process for Respondents (e.g., waiting up to 4 hours just to be able to make an appointment; driving 2 hours away to the proper CIS office per zip code). It would seem that anyone could request refreshing of fingerprints that have already been taken now that the entirely unnecessary step of redoing fingerprints has been eliminated. Is there a way for the Chief Counsel s office to simply put in the request to refresh prior to the individual hearing rather than requiring the Respondent s attorney to spend an entire day trying to request that prints be

2 refreshed? This issue needs to be addressed with USCIS. The OCC does not have the resources to take on the responsibility of refreshing the fingerprints. OCC will follow up with USCIS to see what is involved in the process of refreshing fingerprints and inform the liaisons so that we can work with other committees to try to resolve this ongoing issue. Following the meeting, DCC Mary Young followed up with USCIS regarding fingerprinting. USCIS is being inundated with walk-ins. For prosecutorial discretion streamline requests, you must make an INFOPASS appointment if the next hearing date is more than 60 days from today s date. The INFOPASS appointment can be made on line by clicking on the Make an Appointment icon at (instructions below). If the hearing is within 60 days from today s date, the respondent can make an INFOPASS appointment or proceed to a USCIS Customer Service/Information Unit for assistance during normal working hours. The individual should have a document, from the court, which indicates the date of the hearing. 4. What is your policy with regard to the reinstatement of expedited removal orders issued by the CBP? In many instances the CBP-issued expedited removal orders contain false or incorrect information relating to the applicant, such as incorrect biographical information or incorrect class of inadmissibility. Are the CBP-issued expedited removal orders accorded the same weight as an order issued by the EOIR? If not, under what circumstances will OCC request a reinstatement of an expedited removal order? INA 241(a)(5) allows ICE to reinstate removal orders. ICE has the authority to determine whether to reinstate a removal order or not in the exercise of prosecutorial discretion. All removal orders, whether issued by a judge or by CBP, are accorded the same weight in this determination. 5. At past meetings, OCC has indicated that ACCs can return I-551s and passports after a final decision to grant relief (or likely terminate) and waiver of any appeal by both parties. Recently, OCC has advised counsel to see ERO. Has the policy regarding release of documents by OCC changed? The policy has not changed. OCC will return original documents, such as a passport and I-551, in the event of a final order granting relief or termination. The requirement for return of the documents is that all parties must have waived appeal, rendering the decision a final order. ACCs will be reminded of this at the next staff meeting. 6. Please provide an updated UP Chart and Contact List.

3 ICE/ERO Provided. 1. Can you give some examples under the new PEP program when a Request for Detention would be warranted (instead of a Request for Notification)? The 11/14/14 Johnson memo talks about 2 situations when a request for detention would be warranted: (1) when a person is subject to a final order of removal, and (2) there exists sufficient probable cause to find that the person is a removable alien. Would a person with one or more expedited order(s) of removal issued by the CBP (not IJ) fall under the first or second category? ERO has not received anything yet on the PEP program. They were recently told that documents & guidance are imminent. This may be in in the form of a public release. ERO currently interprets PEP to require detention of anyone who falls within the enforcement priorities. FOD Jennings will follow up with liaisons once guidance is received. 2. Can we please obtain an updated and detailed contact list for the officers at various detention facilities? The officers in Santa Ana are particularly difficult to reach by phone. Provided. 3. Can you explain the collaboration between the CA DMV and ICE/ERO in locating noncitizens whom ICE considers fugitives? Is LA ERO requesting information from the DMV from AB 60 driver s license applications for fugitive operations? No collaboration exists between CA DMV and ICE/ERO. Any individual arrested by ICE following his or her DMV visit was an enforcement priority and the timing was purely coincidental. CA DMV has no mechanism to alert ICE/ERO of immigration fugitives (e.g. aliens who failed to depart on VD order). 4. Recently, many people from Yemen have reported that they have been requested to appear to be interviewed by ICE regarding the situation in Yemen. Many of these people have had to appear repeatedly, each time informing officers that they have no knowledge of any events in Yemen, only to their presence demanded again. Can ICE discuss why such repeated requests are being made and what a person with no such information can do to prevent such a disruptive and jarring interview?

4 The interviews are conducted by Homeland Security Investigations (HSI). The HSI Special Agent in Charge (SAC) promised to attend the next hearing to provide a formal response. 5. Can you comment on what factors are taken into account in determining whether to grant a request for parole for a person with a positive CFI? There is no automatic yes or no. The general factors taken into the decision include identity, risk of flight, danger to the community and national security. Many people are released with a positive credible fear finding. 6. Recently, it has taken up to 5 hours to visit a detainee in Adelanto on the same day as court. While it is understood that GEO handles visitation, is there anything ICE can do to facilitate the process? Many attorneys already decline to take cases in Adelanto due to the drive. Requiring an attorney to wait up to five hours after arriving could implicate the right to counsel. ERO is aware that many attorneys need to speak with their clients before and/or after a hearing. However, the physical set-up at Adelanto is not conducive to many attorneys doing so at the same time. ERO will look into alternative solutions. In the meantime, there is a system by which attorneys may leave a message at the front desk for detainees and they will return the attorney's call within 24 hours. It appears that such calls are not collect. ERO will confirm. The front desk number is (760) ERO will talk to GEO to see what can be done about providing attorneys 2-3 minutes with their clients before the hearing. Additional News for Adelanto: The contractual date for the opening of the expansion is July 1, They are adding 640 extra beds to house female, transgender, and additional male detainees. JOINT OPLA/ERO QUESTIONS 1. What is ICE/ERO s position as to what happens to an expedited removal order issued a recent entrant once that recent entrant has a positive Credible Fear Interview? If an individual has a positive Credible Fear interview, (s)he will be issued a new NTA which will supersede any previous expedited removal order. 2. In May 2014, a member asked a question about ICE (actually it s HSI) still pursuing

5 individuals who are mere overstays with no criminal or immigration history, insisting on having the individual come into their office for issuance of an NTA. NTAs are issued unless an attorney goes and reminds ICE about enforcement priorities. This is still happening. Why is ICE still pursuing such individuals? The HSI SAC will appear at our next liaison meeting. It is agreed that priority memos are supposed to be the guidance for the decisions to detain a person and/or issue the person an NTA. Although an individual may appear to be a mere overstay, there may be other issues. 3. Also in May of 2014, a member asked a question regarding form I-9. ICE/OPLA representatives at the meeting indicated that it was a question for HSI that would be followed up on. No response was ever provided. The same member is requesting a response: How should employers approach pre-population of Section 1 of the Form I-9? Is it okay to pre-populate as long as the Preparer/Translator Certification section is concurrently completed by the appropriate party? Do the same rules apply whether or not an electronic software system is utilized? Please explain procedure to be used. There is no current written guidance on the pre-population issue. This question is best raised to OPLA and/or HSI headquarters through national AILA. 4. What is the difference between ICE and HSI? Can you provide our members a clear explanation of HSI s mission and goals? HSI is a component of ICE. It is the investigative arm of the Department of Homeland Security. HSI has broad legal authority to enforce a diverse array of federal statutes. It uses this authority to investigate all types of cross-border criminal activity, including: Financial crimes, money laundering and bulk cash smuggling; Commercial fraud and intellectual property theft; Cybercrimes; Human rights violations; Human smuggling and trafficking; Immigration, document and benefit fraud; Narcotics and weapons smuggling/trafficking; Transnational gang activity; Export enforcement; and, International art and antiquity theft. Deputy Chief Counsel James Board can be contacted for HSI specific questions.