Safe Passage Project has joined over 560 organizations to call on DHS and ICE to ensure that immigrant survivors of violence can access safety and protections.
The letter may be read in its entirety HERE.
Safe Passage Project has joined over 560 organizations to call on DHS and ICE to ensure that immigrant survivors of violence can access safety and protections.
The letter may be read in its entirety HERE.
New York 1 interviewed one of our amazing clients. She courageously shared her experience as an unaccompanied minor, and her sentiments on what it was like for her to be a Safe Passage Project client.
Our Deputy Executive Director, Gui Stampur, and Director of Legal Services, Desireé C. Hernández, are also featured on this segment!
Please see below for the English and Spanish Versions of the interview:
Please see below for an English translation of the article.
AMANDA MARS, Nueva York 22 FEB 2017 – 22:04 CET
Habrá juicios, detenciones, manifestaciones. También conflictos entre el Gobierno federal y esas llamadas “ciudades santuario” -Nueva York, Los Ángeles o Chicago- que hacen la vista gorda con los inmigrantes sin papeles. Pero el corazón de las nuevas directrices de la Administración de Trump sobre las deportaciones será difícil de batallar en los tribunales, al menos, por el momento: la política de prioridad en la expulsión es una potestad presidencial y, además, los documentos publicados este miércoles no especifican los procedimientos de la puesta en marcha.
“Muchas partes del memorando que hemos conocido hoy hablan de que se tiene que crear un comité para ver cómo implementan las medidas, con lo cual es muy difícil llevarlo ante un juez, porque aún no se ha puesto en marcha. Lo que pasó con el decreto del 27 de enero [el que vetaba temporalmente la entrada a los llegados de siete países de mayoría musulmana] es que el Gobierno lo puso en marcha inmediatamente y se pudo parar. Ahora hay que ver cómo todo eso entra en vigor”, explica Rex Chen, miembro de Safe Passage Project, una asociación de abogados sin ánimo de lucro de Nueva York que ayuda a los miles de menores de edad que entran cada año solos y de forma irregular.
Las directrices conocidas este viernes mantienen la protección a los llamados dreamers, jóvenes que llegaron como niños a Estados Unidos y que han crecido en el país sin papeles. Pero Chen advierte de que “esto solo significa que aún no hay una decisión tomada al respecto, Trump dijo que era un asunto muy complejo y necesitaba tiempo, pero no se sabe aún qué hará”.
Faye Hipsman, del Instituto de Política Migratoria, una organización independiente para estudio de los movimientos migratorios, recalca que detener, en bloque, las nuevas directrices “es muy difícil, aunque probablemente veremos muchos litigios, porque el presidente es el que tiene la autoridad a la hora de fijar las prioridades en las deportaciones”. Hipsman coincide con Chen en que la situación de los dreamers, los que un día fueron niños migrantes, no está clara todavía.
El principal cambio de la guía de actuación de Trump es que es esfuerzo en la detención y expulsión de los inmigrantes sin papeles -se calcula que hay unos 11 millones en Estados Unidos- ya no son aquellos con delitos a la espalda, sino que “todo el mundo en situación irregular puede ser expulsado”.
Para aquellos en situación irregular que lleven menos de dos años en el país, además, se ha abierto la puerta a las expulsiones inmediatas, sin pasar por el tribunal. El problema de un extranjero sin papeles que sea detenido será poder demostrar que lleva más tiempo en Estados Unidos y para eso es necesario tener localizados rápidamente documentos que lo justifiquen. “No creo que tengan que llevar las pruebas encima todo el tiempo, pero sí es importante que sus familiares o amigos sepan muy bien dónde están y puedan entregarlos enseguida”, apunta Chen.
Llevar a cabo las deportaciones será costoso, de momento, el departamento de Seguridad Interior ha anunciado que contratará 15.000 nuevos agentes. William A. Stock, de la Asociación Americana de Abogados de Inmigración, advierte de que “el incremento masivo en detenciones requerirá miles de millones en fondos que el Congreso tendrá que imponer a los contribuyentes”, y la falta de recursos para contratar a los jueces de inmigración y los agentes de asilo “significa que el sistema se volverá más lento y disfuncional”.
Algunas organizaciones sostienen que el giro en la política de deportaciones ya se empezó a ver en las últimas semanas. Hace dos, de hecho, una operación de cinco días por parte de la agencia encargada de aplicar las leyes migratorias se saldó con centenares de detenidos en al menos seis Estados de todo el país.
AMANDA MARS, New York FEB 22 2017 – 22:04 CET
There will be trials, detentions, demonstrations. Also conflicts between the federal government and those so-called “sanctuary cities” – New York, Los Angeles or Chicago – that turn a blind eye to undocumented immigrants. But the heart of the Trump administration’s new guidelines on deportations will be difficult to battle in court, at least for the time being: the priority policy on expulsion is a presidential power, and in addition, the documents released this Wednesday do not specify start-up procedures.
“Many parts of the memorandum that we have known today speak of a committee having to be set up to see how they implement the measures, making it very difficult to bring before a judge because it has not yet been set in motion. Decree of January 27 [the one that temporarily vetoed the arrival of the newcomers of seven countries of Muslim majority] is that the Government started it immediately and it was able to stop. Now it is necessary to see how all this enters into force,” explains Rex Chen, a member of the Safe Passage Project, a New York nonprofit law association that helps the thousands of children entering every year on their own and in an irregular manner.
The guidelines known this Friday maintain the protection of so-called dreamers, young people who arrived as children to the United States and who have grown up in the country without papers. But Chen warns that “this just means that there is still no decision made, Trump said it was a very complex matter and needed time, but it is not yet known what he will do.”
Faye Hipsman of the Institute of Migration Policy, an independent organization for the study of migratory movements, stresses that blocking the new guidelines “is very difficult, although we will probably see a lot of litigation, because the president is the one that has the authority to set the priorities in the deportations.” Hipsman agrees with Chen that the situation of dreamers, who once were migrant children, is not clear yet.
The main change in Trump’s action guide is that it is an effort to arrest and expel undocumented migrants – an estimated 11 million in the United States – are no longer those with crimes on their backs, rather “everyone in an irregular situation can be expelled.”
For those in irregular situations that have been in the country less than two years, in addition, the door has been opened to immediate expulsions, without going through the court. The problem of an undocumented foreigner being detained will be to prove that he has been in the United States for the longest time, and for that it is necessary to quickly locate documents that justify it. “I do not think they have to take the evidence on them all the time, but it’s important that family members or friends know where they are and can deliver them right away,” Chen notes.
Carrying out the deportations will be costly, so far the Department of Homeland Security has announced that it will hire 15,000 new agents. William A. Stock of the American Immigration Lawyers Association warns that “the massive increase in detentions will require billions in funds that Congress will have to impose on taxpayers,” and the lack of resources to hire immigration judges and asylum agents “means that the system will become slower and more dysfunctional.”
Some organizations argue that the shift in deportation policy has already begun to emerge in recent weeks. Two days ago, in fact, a five-day operation by the immigration enforcement agency resulted in hundreds of detainees in at least six states across the country.
Please see below for the latest updates from Attorney General Scheiderman pertaining to the “ICE” Immigration Scams.
|News from Attorney General Eric T. Schneiderman
FOR IMMEDIATE RELEASE
A.G. SCHNEIDERMAN ISSUES URGENT FRAUD ALERT ON “ICE” IMMIGRATION SCAMS
Attorney General’s Alert Follows New Reports Of Fraudsters Posing As ‘ICE’ Agents, Threatening To Detain Immigrants Unless They Pay Up
Schneiderman: ICE Agents Will Never Ask For Money
NEW YORK – Today, New York Attorney General Eric T. Schneiderman issued an urgent fraud alert, warning immigrant communities of potential scams in light of recent reports that fraudsters have been posing as Immigrations and Customs Enforcement (ICE) agents scams and demanding money in order to avoid deportation. The Attorney General’s office has received an increased number of reported scams along these lines following the ICE deportation raids that have taken place over the last few days.
“It is unconscionable for scam artists to prey on heightened fear in our immigrant communities by pretending to be ICE officers and demanding that families pay up in order to avoid deportation,” said Attorney General Schneiderman. “I urge communities to protect themselves by learning about these potential scams – and contacting my office if they suspect fraud. We will continue to use all of the tools at our disposal and bring to justice those who commit fraud against our immigrant communities.”
The Attorney General’s office has received a number of reports of unsolicited calls or in-person inquiries from fake immigration officials. For example, one immigrant living in Queens was approached by four men dressed as ICE agents. The purported ICE “agents” told the man that he was going to be detained unless he gave them all of his money.
To report potential fraud or other issues regarding immigration services, contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or email [email protected]. The Attorney General’s office will never ask for your immigration status or share immigration information with federal authorities if you contact the Immigration Services Fraud Unit Hotline.
Attorney General Schneiderman also reminded immigrant communities of the New York resources available to those seeking immigration and naturalization-related support. Managed by Catholic Charities Community Services, the New Americans hotline is a toll-free, multi-lingual hotline that provides live assistance in receiving immigration and naturalization information and referrals, regardless of citizenship or documented status. All calls to the hotline are confidential and anonymous. Call 1-800-566-7636 (toll-free) anytime between 9:00am to 8:00pm Monday through Friday.
Attorney General Schneiderman reminds New Yorkers of these common forms of immigration fraud:
Being Approached by Fake ICE Agents. Official Immigration and Customs Enforcement (ICE) agents will never ask you for money or threaten detainment or deportation if you do not pay them. ICE agents also do not have the authority to enter your household without a warrant signed by a judge.
Unsolicited Calls From Fake Officials: One of the most common immigration services scams are unsolicited calls or text messages from someone claiming to be a government official or law enforcement officer that make threats such as deportation. Often times the number on caller ID may look like a legitimate government number. The United States Citizenship and Immigration Services (USCIS) and the Immigration and Customs Enforcement (ICE) will never request payment over the phone, so immigrants should be wary of scammers that ask for any sensitive or personal information, demand payment and threaten deportation if you do not comply.
Notario Fraud: In many Latin American countries a “notario” refers to someone who has the authority to render legal services. Unscrupulous “notaries” who are not attorneys often rely on this misunderstanding to exploit immigrants. They charge immigrants excessive application fees without ever submitting applications to the immigration authorities or may induce deportation by submitting applications for relief for which the immigrant is not eligible for or did not request.
Misrepresenting Legal Credentials: Individuals may falsely claim to be attorneys or wrongly suggest that they are able to appear before the immigration agencies or court. They take advantage of immigrants who will unknowingly pay exorbitant fees for their services. By misrepresenting their qualifications, these individuals can have a detrimental impact on the immigrants with whom they work. For example, immigrants who take advice from and work with these individuals may waive their right to obtain legal residency, be unnecessarily deported, or become subject to civil and/or criminal liability for the filing of false claims.
Fraudulent Promises to Expedite Process: This type of fraud concerns individuals who contend that they know employees at immigration offices who can expedite the processing of their clients applications. Accordingly, they request high fees for this special service, but fail to provide it.
Misinformation Fraud: Under this type of fraud, a provider will typically provide inaccurate or false information to the immigrant concerning his or her eligibility for an adjustment of status under a particular law. In these cases, the immigrant is usually not aware that they have been a victim of fraud until they receive a letter of ineligibility from immigration authorities. The provider knows the immigrant is not entitled to relief, or ineligible, but will file the application with immigration authorities regardless.
Immigration Affinity Fraud: Some providers target immigrants belonging to their same ethnic or racial group. Accordingly, they seek to gain advantage over other providers by claiming to identify with the ethnic, racial, national origin or community-based affiliations of the immigrant group.
Unauthorized Practice of the Law: Individuals may not be licensed to practice law but present themselves as attorneys or immigration law experts capable of providing legal advice and services.
Attorney General Schneiderman provided these key tips to avoid getting scammed:
· Only work with a licensed lawyer or an authorized provider.
· Never sign blank applications or documents you do not understand.
· Do not make payments over the phone or via email.
Last month, anticipating changes to federal immigration enforcement, Attorney General Schneiderman provided local law enforcement agencies with legal guidance to protect their immigrant communities and improve public safety by becoming “sanctuary” jurisdictions.
Additional resources can be found on the Attorney General’s website, including Know Your Rights: Immigration Services Fraud and Don’t Be a Victim of Immigration Fraud brochure. All authorized attorneys will be registered with the New York State Court. To verify an attorney, see here.
We are very proud and inspired by our colleagues Alex Rizio, Claire Thomas and Founder Lenni Benson for the roles they have played in response to the recent executive orders on immigration and refugees.
The following post appeared originally on New York Law School’s website. Click HERE to read it there. Since this posting, a Temporary Restraining Order (TRO) has been issued against key components of the executive order and is currently making its way through the 9th Circuit Court of Appeals.
Claire R. Thomas speaking with officers at JFK January 28th.
It was late Friday, January 27 when their phones lit up with emails and calls. As New York Law School’s nationally recognized immigration law Professor Lenni Benson and Adjunct Professor Claire R. Thomas ’11, who lead the School’s immigration law courses, sifted through urgent notifications, they learned that dozens—possibly hundreds—of international travelers were in detention and facing deportation at JFK International Airport and other airports throughout the country. News of President Donald Trump’s Executive Order halting immigration from seven countries—Libya, Sudan, Syria, Yemen, Iran, Iraq, and Somalia—was rapidly spreading through New York City’s network of immigration lawyers.
Across campus, Professor Deborah N. Archer, who co-directs the School’s Impact Center for Public Interest Law, teaches its Civil Rights Clinic, and leads its Racial Justice Project, began hearing from students who were eager to help. There was barely any time to plan as the names of affected families began to trickle into Professor Archer’s Facebook and email inboxes.
NYLS has long been active in legal advocacy and representation involving the nation’s most pressing immigration law issues, which often affect New York City. This time was no different, except for the glare of international media.
By Saturday, the situation intensified. Travelers from the seven countries whose flights had been in transit when the Executive Order was signed continued to arrive at JFK Airport. Thomas threw her phone charger and a hard copy of the Immigration and Nationality Act into her bag and hopped onto the A train, bound for the airport. The Air Train was eerily devoid of travelers with luggage; instead, Thomas found herself surrounded by sign-carrying protesters. She kept Professor Benson on speed-dial.
Soon after she entered JFK Airport’s Terminal One, Thomas began fielding questions from Yemeni and Iranian families anxiously awaiting news about relatives detained after landing. She connected with representatives from the New York City Mayor’s Office for Immigrant Affairs and shared immigration law knowledge with volunteer attorneys drafting habeas petitions on behalf of those detained. Soon after, Professor Vicki Eastus and Justin Meeks 4L Evening, who are also part of the Impact Center, arrived and set to work answering family members’ questions and connecting them with attorneys. Professor Benson fielded calls all day and throughout the following night, sleeping with her cell phone under her pillow.
Meanwhile, from points throughout the city, Professor Archer and her students were relaying the names and contact information of affected families to the American Civil Liberties Union (ACLU), which is representing many of the detainees. The group was also working closely with detainees’ relatives, including a man whose wife was refused entry to the U.S. and sent back to Qatar, where she had been visiting family. Throughout, Professor Archer and her students kept in close touch with Thomas and others at JFK Airport, performing research and rapidly proofing habeas petitions remotely.
That night, when a federal judge from the Eastern District of New York issued an order halting some portions of the Executive Order, the NYLS team scanned the first copy they could get—a photograph of the decision posted to Twitter.
Six habeas petitions and countless legal questions later, Thomas left the airport. It was around 2 a.m. on Sunday. Shortly after, she learned that one of the detainees she’d worked with, a green card holder from Iran, had finally been released. After a brief respite, the NYLS team was back at work drafting petitions and making referrals. The pace of work is unlikely to slow: news reports reveal that more than 100,000 visas have been revoked since the Executive Order was issued. ~
On January 26, 2017, Safe Passage Project took place in a pro bono fair following a program at the NYC Bar Association entitled “The Central American Refugee Crisis: Human Rights Challenges and needs in the United States and South of the U.S.-Mexico Border.” Director of Training, Claire R. Thomas, spoke on the panel, along with Luis Canales, a Honduran refugee who is now a law student at Villanova School of Law.
To view a recording of the event, please click HERE.
At one point in the evening, Thomas quoted Warsan Shire’s powerful and timely poem titled “Home.” Read that poem in its entirety HERE.
Safe Passage Project has joined dozens of other New York organizations in a letter to Senators Gillibrand and Schumer to oppose the nomination of Senator Jeff Sessions as Attorney General of the United States. Sessions’ confirmation vote has been pushed back to Tuesday, January 31st. The full text of the letter may be read below.
Dear Senator Schumer and Senator Gillibrand:
The undersigned New York-based organizations urge you to vigorously resist the appointment of Senator Jeff Sessions (R-AL) as Attorney General of the United States. We hope you will consider using any and all methods available to you to prevent Senator Sessions from being confirmed by the U.S. Senate.
Much of New York’s vitality and prosperity is owed to the more than four million immigrants who call our State home. Together they account for a fifth of the State’s population and a quarter of its economic output. As organizations that serve New York immigrant and refugee communities, we are very disturbed by the prospect of Sen. Sessions leading the Department of Justice.
The Attorney General is the single most powerful figure responsible for this country’s immigration laws. In addition to being in charge of the nation’s immigration courts, the Attorney General is empowered to create new regulations, require particular forms of bonds or other documentation, issue new instructions, review past administrative determinations in immigration proceedings (including Board of Immigration Appeals’ decisions), amid a whole host of other duties. Sen. Sessions’ record on immigration and his affiliations with anti-immigrant and anti-Muslim organizations prove he is too extreme to be this country’s top lawyer and law enforcement officer.
SENATOR SESSIONS’ DANGEROUS ANTI-IMMIGRANT RECORD
Sessions has proven himself to be the most dangerous ally of the anti-immigrant movement in Congress since his election in 1996. He has received awards from the anti-immigrant hate group FAIR and has invited members of anti-immigrant organizations to testify at numerous Congressional hearings.
During his twenty-year tenure in the U.S. Senate, Sessions has consistently opposed any efforts to reform the country’s immigration laws, referring to the bipartisan 2007 bill as “terrorist assistance.” He has long been a champion for draconian immigration enforcement laws (self-deportation) that break families apart. He has railed against the DREAM Act (and DACA) and has been a fierce proponent of stripping citizenship from children born in this country to undocumented parents. Sessions has also advocated for greatly reducing legal immigration limits citing “cultural” concerns: “The numbers cannot be too great or it takes jobs from Americans and can, in fact, create cultural problems that wouldn’t occur if it was a little slower.”
SENATOR SESSIONS’ CONNECTIONS TO ANTI-MUSLIM ORGANIZATIONS
Sessions has a disturbing relationship with anti-Muslim extremists and organizations. He has received numerous awards from the anti-Muslim David Horowitz Freedom Center and the Center for Security Policy, both of which promote vicious conspiracy theories and animosity towards American Muslims. Sessions has not shied away from blaming an entire religion for the actions of few, “We need to use common sense with the who-what-where of the threat. It is the toxic ideology of Islam.”
The United States Attorney General has immense power over the lives of immigrants and refugees–Sen. Jeff Sessions’ has demonstrated through his voting record, associations with extremist organizations and his public statements that he is not the person for the job.
In addition to his views and actions impacting immigrants and Muslims, Sen. Sessions has a deeply disturbing track record on women’s rights, racial justice, voting rights, gun reform, criminal justice, LGBTQ rights, environmental justice and the rights of people with disabilities.
By any measure, Sen. Sessions is grossly unqualified to be the nation’s top law enforcement office. We urge you to publicly and loudly oppose his nomination to be Attorney General.
Safe Passage Project’s Lenni Benson appeared on NPR’s All Things Considered on Thursday, July 28, 2016. Professor Benson spoke with NPR’s Richard Gonzalez back in May 2016 about the Central American crisis and the EB4 backlog; the news organization aired the segment, and published a lengthy accompanying article, yesterday.
Entitled “Halt On Juvenile Immigrant Visa Leaves Thousands In Limbo,” NPR’s segment is one of the few examples of national press coverage on this critical issue. Seeking protection through Special Immigrant Juvenile status is a complex process thatunaccompanied children have to navigate, with or without counsel. The visa backlog has only made the process even more unpredictable, for children and advocates alike.
Since the announcement of the EB4 backlog in April 2016, Professor Benson has been a forceful advocate, tirelessly pushing on the local level for a sensible approach to adjudicating these young people’s claims, and on the national level for interim relief, protections, and deferred action.
“They don’t come to the border and say, ‘I want to apply for an I-360 based on the Fourth Preference Employment-based Special Immigrant Juvenile 101A-27J,’ ” Benson says. “They say, ‘I can’t go home!’ “
Ever articulate and thoughtful, Professor Benson seized the opportunity to shine light on the reality that so many refugee children face. Safe Passage Project is proud.
Safe Passage Project’s own Las Cheetas Chulas, a girls soccer squad out of the South Bronx United, are featured in a segment with the Huffington Post.
Getting outside of the courtroom, coaches/staff members Alex Rizio and Samantha Norris were interviewed along with players/clients about their dedication to the game and what it means to them.
Las Cheetas were joined by HuffPo on the last day of their inaugural season, in which they placed 2nd overall in the league. Ms. Rizio confirms that they are looking forward to reconvening Las Cheetas next year!
We couldn’t be more proud! Check them out here.