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DAP Forums > DREAM Act > The News Room

Immigration official says agents will no longer have quotas

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#1
08-17-2009, 08:52 PM
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It looks like the head of ICE has ended the controversial quotas that Immigration agents had to meet.
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The head of Immigration and Customs Enforcement announced today that he has ended quotas on a controversial program designed to go after illegal immigrants who have ignored deportation orders and that he planned to make more changes to the program soon.

John Morton, who took over as head of the federal agency in May, said during a meeting with reporters in Los Angeles that the program needs to do what it was created to do -- target absconders who have already had their day in court.

“The fugitive operations program needs to focus first and foremost on people who have knowingly flouted an immigration removal order and within that category obviously we will focus first on criminals,” he said.

Beginning in 2003, the agency dispatched teams around the country to arrest and deport immigrants with criminal records and outstanding deportation orders. During widely publicized sweeps, armed agents showed up at homes and apartment buildings and arrested tens of thousands of immigrants.

Immigrant rights groups criticized the early morning raids, saying they divided families and resulted in the arrests of many who had no criminal records or deportation orders.

A report by the Migration Policy Institute this year showed that 73% of the nearly 97,000 people arrested by those teams between 2003 and early 2008 did not have criminal records. The report also showed that in 2006, the agency stopped requiring that two-thirds of those arrested be criminals and allowed the teams to include nonfugitives in their tally.

That same year, the teams were expected to increase their annual arrests from 125 to 1,000, the report said.

Morton said Monday that there is nothing wrong with targets but that hard quotas don’t make sense.

“I just don’t think that a law enforcement program should be based on a hard number that must be met,” he said. "I just don't think that’s a good way to go about it. So we don’t have quotas anymore.”

Morton said, however, that he would continue enforcing the law against immigrants who have fought their cases and lost.

“It is important that the system have integrity,” he said. “I am not signaling in any way that we are not going to enforce the law against noncriminal fugitives.”

There are 104 fugitive operation teams, up from 8 when the program started. The immigration agency received $226 million for the program this year, up from $9 million in 2003.
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#2
08-17-2009, 09:14 PM
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Well that's good.
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#3
08-17-2009, 10:09 PM
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wait im confused..so are they only focusing on people with criminal backgrounds or everyone ? cause sadly we just got our case denied so im a little scared. please someone explain.
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#4
08-17-2009, 10:30 PM
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It means that if you are given a final order of removal/deportation and do not leave within 30 days, you will become a fugitive, albeit not a criminal, dangerous one. However, a warrant for your arrest will be issued if the government hasn't any proof that you have left the country.

In everyday terms: Should you be unfortunate enough, for example, to be in a car with someone who gets into a car accident, and the police check your id, as they will inevitably will, your arrest warrant will show and you will be immediately taken into custody by ICE.

The horrible, unfair and immoral issue here is that the 73% that were non-fugitive arrests were illegal aliens who now, because the laws haven't changed, will be deported. What about them? They weren't targets, yet they were used to meet these ridiculous quotas. Will their deportations be dismissed because they were arrested based only on suspicion, even if those suspicions regarding their status turned out to be correct? Police would never be able to just walk into a neighborhood and arrest drug dealers or other 'suspects' simply based on the (high) chance that they were criminals. They needed warrants and arrest orders with evidence, specifically targeted to those individuals.

How sad that hard core criminals have more rights than people whose only wrong is that they have become part of their communities.
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#5
08-17-2009, 11:10 PM
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Quote:
Originally Posted by dtrt09 View Post
It means that if you are given a final order of removal/deportation and do not leave within 30 days, you will become a fugitive, albeit not a criminal, dangerous one. However, a warrant for your arrest will be issued if the government hasn't any proof that you have left the country.
Well, that's not how it works. Don't misinform people if you do not know. "Final" orders of removal are entered after a case has been in the BIA (Board of Immigration Appeals), were the decision you got from the judge is being reviewed by a higher power. IF that gets denied, a final order will be put against you.

It is guaranteed in the constitution that you have due process rights. After your BIA decision, you have the right to file an appeal to the Federal courts; not immigration court. AFTER that decision is denied, you usually send your motion to reopen (based on changed circumstances in your case, if you would like to show something you didn't show before, so THAT is then petitioned. Lets say that petition is denied; you will then again file with the BIA to review your case with the "new" facts, and you will be given a decision. Lets say you still get denied, you could still as a last result appeal to the federal courts.

Fugitives are people who just got a decision and didn't follow it up with any appeals and simply just vanished from the system. All the appeals and petitions I mentioned above are all allowed to be filled withing specific deadlines. IF the alien files such appeals/ petitions/ motions within the time limit; they are considered to be "under the color of law". they haven't vanished, they haven't abandoned their case and have constantly informed USCIS about their whereabouts.

People who have cases; all are in the system. That is why its easier to catch them, rather than the people who they may find on the streets.

As far as their true goals, ICE should focus more on catching people with criminal records. From my experience; they are just doing their job, my officer told me that if he had to choose who he should have come to get, it wouldn't be my family. BUT certain people behind the desk make the decisions and decide who will be raided or not. People that you rarely see their faces.
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Last edited by Alex; 08-17-2009 at 11:12 PM..
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#6
08-17-2009, 11:16 PM
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That is why I wrote IF you get a FINAL. FINAL meaning you've appealed to the federal court in your district. And yes, you can motion to reopen with the BIA. However, let's say that the court denies you a stay of removal. Your case can continue in court, BUT you are ordered to leave the country. That is a final order of removal/deportation. And yes, if the district court denies your appeal, you can go to the Supreme Court. How many people ordinarily have cases the Supreme Court wants to hear?
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#7
08-17-2009, 11:48 PM
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Quote:
Originally Posted by dtrt09 View Post
That is why I wrote IF you get a FINAL. FINAL meaning you've appealed to the federal court in your district. And yes, you can motion to reopen with the BIA. However, let's say that the court denies you a stay of removal. Your case can continue in court, BUT you are ordered to leave the country. That is a final order of removal/deportation. And yes, if the district court denies your appeal, you can go to the Supreme Court. How many people ordinarily have cases the Supreme Court wants to hear?
FINAL orders don't get entered in the Federal courts; they get entered after your decision from BIA. Also while you are in Federal court, you could be removed anytime; they don't have to wait for that decision to come. As far as filling with the BIA, its an automatic stay of removal when you file anything with Immigration courts. I got ordered removed by an immigration judge in 2005, I have been fighting my case through appeals and petitions ever since. I have filled within the time limits I could file. I haven't "absconded"/ "fugitive"... ICE did come and apprehended me in 2007. They said that as long as I don't show any signs that I'm gonna flee (abscond), they will let me fight my case; and they have.

in the Dream Act provision it says. THOSE WHO HAVE FINAL ORDERS WILL NOT BE ABLE TO APPLY, UNLESS ;

A) THE ORDER WAS ENTERED BEFORE THE ALIEN REACHED 16 YEARS OLD, OR

B) THE ALIEN HAS BEEN "UNDER THE COLOR OF LAW" EVER SINCE THAT ORDER WAS ISSUED, OR

C) FOR PURPOSE OF FAMILY UNITY OR FOR HUMANITARIAN PURPOSES.

As far as a case making it into supreme court, its almost impossible. Some people choose to fight their case, some people get tired with the expenses and just give up. Don't forget that the further you are down the line, the more expensive lawyers get for your desperation. I chose to stay and fight as much as I can because of a dear loved one that I don't want to lose. Plus because of the fact that I would get a bullet in the head if I express my American beliefs and Democratic views in my country. If i go there and try to enlighten people with what I learned in the U.S, they would be like "excuse me, are you saying we cannot govern our-self? traitor"...

good luck
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