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United States Immigration News
 New York, September 2009
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IMMIGRATION REFORM POTENTIALLY DELAYED UNTIL 2010

Immigration ReformChicago, IL - Comprehensive immigration reform may be potentially delayed until next year, due to pressing issues already on the agenda of the Obama administration. Healthcare reform and the economy are taking higher precedence than immigration reform for the current administration, which will potentially delay tackling immigration reform until 2010. During President Obama’s presidential campaign he promised voters that he would make comprehensive immigration reform a top priority. However, US Senator Roland Burris, who serves on the Homeland Security committee stated, "Unfortunately, the agenda is so packed, we have so many issues on our plate that... We will probably postpone the immigration reform until late this year or early next year." Senator Buris also recognized that immigration needs to be addressed and, "We should not be splitting up families. We need to work on the issue of reform and proper immigration but we also have to protect our borders," he added.

U.S. CITIZEN WRONGLY DEPORTED

US DeportationRaleigh, NC - Reports from April 2009 revealed that a North Carolina native was wrongly deported to Mexico, but recent data also reveal that federal agencies ignored evidence that showed the man was a United States citizen. The deported man’s Social Security number, names of his parents, and a sworn statement stating that the deported individual was born in North Carolina, were among the evidence supplied to federal immigration enforcement officials. There was also evidence that the man had suffered from mental health issues and was diagnosed with Bipolar disorder and a learning disability. The North Carolina resident was deported to Mexico, a country where he didn’t know anyone, with no money and without the ability to speak Spanish. The report reveals that federal investigators deported him based on his conflicting statements. ICE officials state that the man swore on two occasions that he was Mexican. “Individuals who misrepresent their true identity and make false statements to ICE officers create problems both for law enforcement and themselves,” stated ICE spokesman Ivan Ortiz-Delgado. In addition, ICE states that the man’s Mexican citizenship “was established based on interview results and numerous background system checks.”

SHERIFFS CONTEMPLATE FEDERAL IMMIGRATION ENFORCEMENT PROGRAM

Law Enforcement and ImmigrationEl Paso, TX - In an August meeting, the Secretary of the Department of Homeland Security, Janet Napolitano, discussed involving state law enforcement officials in federal immigration enforcement. Under Section 287 of the Immigration and Nationality Act, 63 law-enforcement agencies throughout the U.S. are eligible to partner with U.S. Immigration and Customs Enforcement (ICE) to enforce federal immigration laws. This means that agencies can assign officers to a task force that focuses on enforcing immigration law or identifying undocumented immigrants who are already incarcerated. Normally, local law enforcement expresses a strong desire to not desire to work with the federal government to identify and detain illegal immigrants. However, working with illegal immigrants on the detention side proves to be appealing to some law enforcement officials. A sheriff in Texas states, “I am considering being a part of it — only on the detention side. I would never do the enforcement. I won’t even help.”

LAPTOP SEARCH AND SEIZURE RULES REVISED

Laptop SearchWashington, D.C. - The Department of Homeland Security released new guidelines pertaining to laptop searches at U.S. entry points by immigration and customs officials. However, while these new guidelines provide more clarity and guidelines that immigration enforcement officers must follow, the laptop searches remain controversial. Under the new guidelines, U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) are still able to search electronic devices during border crossings without suspicion of any wrongdoing. Under the new guidelines, which are intended to provide "transparency and accountability," U.S. Customs and Border Protection (CBP) are required to complete a laptop search within five days and ICE to complete the search within 30 days. The new guidelines also require agents to inform and educate travelers about the searches, as well as for DHS to conduct assessments of the policy's impact on civil rights. These new regulations governing laptop searches were released a day after the American Civil Liberties Union (ACLU) filed a lawsuit in an effort to get more information about border laptop searches. The ACLU and other groups have complained that the laptop search policy violates the U.S. Constitution's Fourth Amendment against unreasonable search and seizure. In response, Department of Homeland Security Secretary Janet Napolitano stated, "Keeping Americans safe in an increasingly digital world depends on our ability to lawfully screen materials entering the United States. The new directives announced today strike the balance between respecting the civil liberties and privacy of all travelers while ensuring DHS can take the lawful actions necessary to secure our borders." Data reveal that a small percentage of laptops are actually being searched. From Oct. 1, 2008 until Aug. 11, 2009, there were approximately 221 million travelers at U.S. ports of entry, and only 1,000 laptop searches were performed in these instances, 46 instances in which the search was considered “in depth.”

U.S. RESUMES FLIGHTS BACK HOME FOR ILLEGAL MEXICAN IMMIGRANTS

Immigration FlightsTuscon, AZ - Immigration authorities are resuming flights back home for illegal immigrants from Mexico in order to protect them from dangerous heat. The flights take place twice per day, from Southern Arizona to Mexico City, and the immigrants are then bused back to their home towns. The purpose of the flights is to keep undocumented immigrants away from border towns, where smugglers await to try to sneak them back into the U.S., often for a hefty price. The assistant secretary of U.S. Immigration and Customs Enforcement (ICE) stated, “This is where the probability of losing their lives can really increase. We offer that opportunity for them to get out of that cycle." These flights, which operate only during the summer months (when the temperatures often reach the triple digits) will cease on September 28. It is the 6th year of the flights, and over 82,000 Mexican nationals have been returned as part of the program. It is estimated that several hundreds of people lose their lives each year from the heat while attempting to cross the border into the United States. The flight program is voluntary and only Mexican nationals who cross the border illegally and don't have criminal records are eligible. Participants often include people who are sensitive to the heat due to their age or physical health. About 150 people are on each flight.

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