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Immigration lawyer works to allay fears, keep advice realistic

In an interview with Ruben Rosario, ILCM Director John Keller described the “herculean amount of resources” needed to reunite one four-year-old girl with her mother after the first Trump travel ban.

”It’s absurd,” he said during an hourlong chat. “And all in the name of supposedly keeping us safe — a 4-year-old child who could not see her mother.”

The article described the Immigrant Law Center and how Keller’s life brought him to ILCM, as well as the disconnect between U.S. public opinion on immigration and the rhetoric coming out of Washington:

“The polling continues to show that the American public — 62 percent — wants immigration reform for the dreamers; 75 percent want permanent status for the kids. It’s the politics. For the first time, we had a presidential candidate that has made anti-immigrant, anti-Muslim comments a part of his platform and won. Yet, I don’t believe it’s the case that the country is anti-immigrant or racist. But that’s really hard to unpack for some people, particularly people who are seeing an increase in hate crimes at the very same time.”

Read the whole story here.

ICE arrests 26 Minnesotan immigrants in March operation

During the week of March 6, Immigration and Customs Enforcement (ICE) agents arrested 26 people in Minnesota, and another 60 people in North Dakota, South Dakota, Iowa, and Nebraska. The three-day operation was the largest in the Midwest since November’s election.

One of the Minnesotans arrested was a member of Incarnation parish in South Minneapolis, who was dropping off his son with a caregiver. According to the Star Tribune, ICE agents were not looking for the Incarnation church member, but observed that he “kept moving the gear shift from Park to Drive while the officers were on foot around the vehicle” in which he was a passenger. The Star Tribune reported:

“The Incarnation Church member arrested on Lake Street last week had lived in the United States for about nine years and had no criminal convictions, [Incarnation Church business administrator Brad] Capouch said. But he had returned to the United States after he was deported in 2011 to rejoin his wife and his now 8-year-old son, a U.S. citizen. Capouch said the boy was traumatized by witnessing his father’s arrest.”

ICE said most of those arrested had criminal convictions, and that ten were legal permanent residents. While the Obama administration deported high numbers of people, its guidelines ordered ICE to focus on criminals and national security risks. That has changed under the Trump administration, which prioritizes deportation of anyone charged or convicted or any crime, including returning to the country after deportation.

For more information:

Meet the Minnesota lawyer standing up to the Trump administration’s immigration orders

 

MinnPost profiles ILCM Executive Director John Keller:

“[D]uring a question-and-answer session, a woman in the audience rose from her seat.

“I don’t have anything to ask,” she told Keller as she fought back tears. “I just wanted to thank you for all your service to the immigrant and refugee communities in our state.”

Keller stood there, motionless, without saying a word.

The woman continued her remarks, which she eventually ended with a four-word sentence that left many in the room — save Keller — nodding:

“You are a hero.”

Read the whole article on MinnPost – click here.

ILCM Director John Keller on Overturning Travel Ban

ILCM Director John Keller was quoted in the Star Tribune on the court decision overturning the Trump travel ban:

Immigration law attorney John Keller, of the Immigration Law Center of Minnesota, said Wednesday night that he’s “once again extremely pleased that the independent judiciary can see these orders for what they are.”

“Things are moving so fast, with everything that’s happened in terms of immigration and executive orders since the inauguration,” Keller said.

“What we are seeing again is that the track record of hostility against Muslims during the presidential campaign continues to be the chief thing the courts weigh these orders against. Eighteen months of direct promises to discriminate against people because of their religion – the courts can’t ignore that, even with a dressed-up executive order. … As long as these orders continue, there will be litigation. “It’s important for all Americans, especially those from countries that don’t have independent courts, to see that even presidents are being held to account when they do something that’s not constitutional.”

Read the whole article here.

Immigrant Drivers’ License Issue Stalls Real ID

Minnesota’s Real ID law stalled in the legislature over the issue of drivers’ licenses for unauthorized immigrants. The House passed a Real ID law that banned such licenses; the Senate voted down the bill because of the ban. Both Democrats and Republicans agree that Minnesota needs a Real ID bill, so that Minnesotans can use drivers’ licenses as identification for airport security.

Minnesota does not currently issue drivers’ licenses to unauthorized immigrants, because of a Department of Public Safety rule. The bill would make that rule a law, making it harder to change. More than a dozen states allow licenses for unauthorized immigrants, and supporters say this would make roads safer for everyone and make it easier for these immigrants to get insurance.

Governor Mark Dayton supports a “clean” bill for Real ID, meaning a bill without the drivers’ license ban. If Real ID does not pass, Minnesotans will need a passport or an “enhanced” driver’s license to get through airport security, beginning in 2018.

Republicans generally support Real ID with a ban, but five Republicans voted with Democrats in the Senate to defeat the bill. Some are concerned that Real ID would allow too much information to be shared with the federal government.

For more information:

New refugee/Muslim ban set for March 16 as legal challenges continue

The revised refugee/Muslim ban is set to take effect on Thursday, March 16. The new order places a 90-day ban on immigrants from the predominantly-Muslim countries of Syria, Somalia, Sudan, Iran, Yemen, and Libya.

The executive order also bans refugee admissions for 120 days ban and reduces the number of refugees who can be admitted this year. The total for the fiscal year, which began on October 1, 2016, was set at 110,000 by President Obama. The executive order reduces that number to 50,000, which means almost no additional refugees can be admitted until after September 30, 2017. The new ban contains a longer list of exceptions than the first ban, which was stopped by federal courts.

Several legal challenges to the new order await court action: Washington’s attorney general leads a challenge that has been joined by several states, Hawaii has filed a separate challenge, several nonprofit groups have filed a challenge in Maryland and in Virginia, and a Wisconsin judge has barred application of the order to one specific Syrian family. Challenges include allegations of violation of due process, discrimination against Muslims, irreparable hardship to refugees, and harm to educational institutions and to Hawaii’s tourism industry.

For more information:

For a detailed legal analysis of the arguments, see Lawfare Blog: The Legality of the 3/6/17 Executive Order

What Refugee Cuts Mean In Minnesota

President Trump’s latest executive order on refugees suspended refugee admissions for 120 days and also cut the number of refugees from 110,000 to 50,000 for this year. The number of refugees admitted varies each year, but 50,000 will be the lowest number since the early 2000s. At that time, most refugee admissions were suspended for three months after 9/11.

Minnesota refugee resettlement agencies have already begun cutting staff. The 120-day suspension means almost no new refugee arrivals until mid-July. Cutting the number of refugee admissions means few refugee admissions at all until the new fiscal year begins in October.

Minnesota is a leading state for refugee resettlement, with more than 21,000 arriving in the past ten years. In the last fiscal year, which ended September 30, 2016, the United States admitted 85,000 refugees. Minnesota accepted 2,630 of this number.

For more information:

The U of M Law School Receives a Helping Hand for Immigration & Refugee Services

 

Source: The Star Tribune

The Center for New Americans’ mission is to improve federal immigration law and policy, protect detainee rights, improve access to legal representation for refugees and immigrants, and educate non-citizens about their legal rights pro-bono.

Recently, the Robina Foundation pledged $25 million to go towards the Center for New Americans’ work. In light of the recent events, it’s hard not to consider the timing of the donation. However, the foundation has stated that the decision to make the donation was not driven by the recent Executive Actions. Actually, the Robina board committed to fund the endowment last summer, but were waiting to make the formal announcement.

The Center for New Americans has formal partnerships with the Immigrant Law Center of Minnesota, The Advocates for Human Rights, and Mid-Minnesota Legal Aid, as well as,three prominent law firms (Faegre Baker Daniels, Robins Kaplan, and Dorsey & Whitney). The recent pledge comes as good news.

Moving Forward with the 9th Circuit

San Francisco Courthouse

Last week, on Friday, February 3rd, Judge James Robart, of the Federal District Court in Seattle, granted a nationwide temporary restraining order on the recent Executive Action that bans travel from seven predominantly Muslim countries. ILCM expressed its deepest gratitude to the State Attorney Generals from Washington and Minnesota that brought in the lawsuit. In addition, ILCM signed on to another lawsuit, along with other partners, filed in the United States District Court for the District of Columbia to block enforcement of the recent immigration ban.
Despite all of the recent efforts to oppose the recent travel ban, earlier this week all that was left at the time was to wait and see the 9th Circuit Court of Appeal’s ruling. On Thursday, the three-judge panel heard the cases brought up from the Justice department and Washington State. Unanimously, the federal appeals panel, rejected Trump’s bid to reinstate his Muslim ban on travel. Not only did this action prove wrong the assertion made by Trump’s administration that the courts have no power to act as a check on the president, it also brings a hopeful light to the long fight that awaits us ahead.

Breaking down the 9th Circuit’s ruling

Here are the essential points provided by the Washington Post:

  • The judiciary has the power to check the president’s authority, especially in regards to immigration and national security.
  • The executive order had reportedly impacted far more people than Trump was letting on. Reportedly, thousands of visas were canceled, causing hundreds of travelers to be prevented from boarding airplanes to the U.S.
  • Washington and Minnesota have well-backed claims that they can sue over.
  • The 9th Circuit Court of Appeals did not allow for a modification of the suspension of the ban, saying “it is not our role to try, in effect to rewrite the executive order.”

Sources: CNN, Washington Post, NY Times