Center for Immigration StudiesCenter for Immigration Studies
South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling
'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma
California Pushes Back Against Secure Communities
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Calls for Overhaul of Immigration Court System to Block Political Meddling","publishDate":1642795989,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.[pullquote align=\"right\" size=\"medium\" citation=\"Mimi Tsankov, president, National Association of Immigration Judges\"]'It seems like no matter how hard we work, that backlog we're facing just keeps growing.'[/pullquote]With testimony from legal experts and the head of the immigration judges' union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee's Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday's hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we're facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ's control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”[aside label=\"related coverage\" tag=\"immigration\"]Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration's actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n","blocks":[],"excerpt":"San Jose Democratic Rep. Zoe Lofgren called on Thursday for an independent immigration court system shielded from partisan influence — regardless of who is in the White House.","status":"publish","parent":0,"modified":1642811697,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1051},"headData":{"title":"South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling | KQED","description":"San Jose Democratic Rep. 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Calls for Overhaul of Immigration Court System to Block Political Meddling","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2022/01/HendricksLofgrenImmigration.mp3","excludeFromSiteSearch":"Include","path":"/news/11902290/south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It seems like no matter how hard we work, that backlog we're facing just keeps growing.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Mimi Tsankov, president, National Association of Immigration Judges","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>With testimony from legal experts and the head of the immigration judges' union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee's Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday's hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we're facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ's control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration's actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11902290/south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_29739","news_26233","news_25969","news_2755","news_20202","news_6883","news_29738","news_2013"],"featImg":"news_11902344","label":"news"},"news_11886227":{"type":"posts","id":"news_11886227","meta":{"index":"posts_1591205157","site":"news","id":"11886227","score":null,"sort":[1629937901000]},"guestAuthors":[],"slug":"like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","publishDate":1629937901,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I have to keep opening up the trunk and pulling out those memories.'[/pullquote]\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Homeland Security Secretary Alejandro Mayorkas\"]'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'[/pullquote]\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"asylum-seeker\"]\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dulce Garcia, Director of Border Angels\"]'If we're going to rework the system, I think there are better ways to do so.'[/pullquote]\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"Immigration Stories\" tag=\"immigration\"]\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I wish that whatever’s going to happen, would just happen.'[/pullquote]\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","status":"publish","parent":0,"modified":1630015506,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2176},"headData":{"title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma | KQED","description":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11886227 https://ww2.kqed.org/news/?p=11886227","disqusUrl":"https://ww2.kqed.org/news/2021/08/25/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma/","disqusTitle":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/51991678-2330-4fd4-99ae-ad90010cd8f0/audio.mp3","path":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","audioDuration":271000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I have to keep opening up the trunk and pulling out those memories.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Homeland Security Secretary Alejandro Mayorkas","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"asylum-seeker"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If we're going to rework the system, I think there are better ways to do so.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dulce Garcia, Director of Border Angels","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Immigration Stories ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I wish that whatever’s going to happen, would just happen.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_23087","news_29824","news_26233","news_20458","news_18538","news_2755","news_20649","news_24239","news_27626","news_29823","news_20202","news_6883","news_28316","news_22226","news_20058","news_22530","news_21628","news_26537"],"featImg":"news_11886356","label":"news_72"},"news_70330":{"type":"posts","id":"news_70330","meta":{"index":"posts_1591205157","site":"news","id":"70330","score":null,"sort":[1342468257000]},"guestAuthors":[],"slug":"california-pushes-back-against-secure-communities","title":"California Pushes Back Against Secure Communities","publishDate":1342468257,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A bill making its way through the California state legislature would restrict how local law enforcement agencies cooperate with federal immigration authorities.\u003c/p>\n\u003cfigure id=\"attachment_70351\" class=\"wp-caption alignleft\" style=\"max-width: 195px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/147163396.jpg\">\u003cimg class=\"size-medium wp-image-70351 \" title=\"Immigration Activists Discuss Supreme Court's Ruling On Arizona's Immigration Law\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/147163396-217x300.jpg\" alt=\"\" width=\"195\" height=\"270\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Getty Images/Kevork Djansezian\u003c/figcaption>\u003c/figure>\n\u003cp>If the \u003ca title=\"Trust Act\" href=\"http://legiscan.com/gaits/text/643014\" target=\"_blank\">Trust Act\u003c/a> is passed, California will be the first state in the country to challenge the federal Secure Communities program by directing local police departments to stop detaining undocumented immigrants after they're eligible for release.\u003c/p>\n\u003cp>Border reporter Amy Isackson reports about 198,000 people nationwide have been deported under Secure Communities in the last three years. California leads all states with 75,000 deportations. Seventy percent of those deported did not commit a crime or were guilty of a low-level offense.\u003c/p>\n\u003cp>The bill's sponsor, Assemblyman Tom Ammiano, said on \u003ca title=\"Forum\" href=\"http://www.kqed.org/a/forum/R201207130900\" target=\"_blank\">KQED Forum\u003c/a> last Friday that the Trust Act will help free up resources in the criminal justice system as many less-violent prisoners that would have formerly been sent to state prison are now directed to county jails under realignment:\u003c/p>\n\u003cp>\"There's a lot of pressure on local jail space--that's what realignment is doing,\" Ammiano told host Joshua Johnson. \"And we shouldn't use these resources to unfairly trap parents, students, and you know, even citizens... There is a lot of racial profiling going on around this. What we're asking is that there be standards and protocols so that innocent people are not swept up. You can't criminalize someone for being undocumented, but of course, if they're [violent criminals] they should be deported.\"\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jessica Vaughn, director of policy studies at the Washington D.C.-based \u003ca title=\"CIS\" href=\"http://www.cis.org/\" target=\"_blank\">Center for Immigration Studies\u003c/a>, said undocumented victims and witnesses of crimes are already protected under ICE's existing priorities.\u003c/p>\n\u003cp>\"There's not a single victim or witness to a crime who's been deported as a result of Secure Communities who was not...already involved in some kind of criminal offense,\" she said on Friday's Forum show.\u003c/p>\n\u003cp>The problem with the Trust Act, according to Vaughn, is that it removes discretion from local law enforcement agencies, preventing them from turning over undocumented people unless they're felons convicted of certain violent crimes.\u003c/p>\n\u003cp>\"And that means people like drunk drivers, gang members, people who are committing these acts of domestic violence are gonna be allowed to stay here... And after all, everyone here illegally is potentially subject to some kind of immigration law enforcement. And that's what the public wants to see happen.\"\u003c/p>\n\u003cp>But as the \u003ca title=\"CoCo Times\" href=\"http://www.contracostatimes.com/california/ci_21066015/san-mateo-county-admits-mistakenly-reporting-arrested-minors\" target=\"_blank\">Contra Costa Times\u003c/a> reports, underage undocumented immigrants in San Mateo County have been mistakenly reported to federal immigration authorities.\u003c/p>\n\u003cblockquote>\u003cp>After being notified of its error in November, the county implemented a new policy in March, said Stuart Forrest, chief of the county's probation department, which oversees juvenile justice matters. The new policy still gives juvenile probation officials broad discretion to report youths, \"guided by what best protects public safety and the best interests of children.\" And that galls immigrant advocates, who say the U.S. Immigration and Customs Enforcement (ICE) shouldn't be contacted at all when it comes to kids.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The bill is expected to land on Governor Jerry Brown's desk in early August.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1342483835,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":526},"headData":{"title":"California Pushes Back Against Secure Communities | KQED","description":"A bill making its way through the California state legislature would restrict how local law enforcement agencies cooperate with federal immigration authorities. If the Trust Act is passed, California will be the first state in the country to challenge the federal Secure Communities program by directing local police departments to stop detaining undocumented immigrants after","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"70330 http://ww2.kqed.org/news/?p=70330","disqusUrl":"https://ww2.kqed.org/news/2012/07/16/california-pushes-back-against-secure-communities/","disqusTitle":"California Pushes Back Against Secure Communities","path":"/news/70330/california-pushes-back-against-secure-communities","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill making its way through the California state legislature would restrict how local law enforcement agencies cooperate with federal immigration authorities.\u003c/p>\n\u003cfigure id=\"attachment_70351\" class=\"wp-caption alignleft\" style=\"max-width: 195px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/147163396.jpg\">\u003cimg class=\"size-medium wp-image-70351 \" title=\"Immigration Activists Discuss Supreme Court's Ruling On Arizona's Immigration Law\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/147163396-217x300.jpg\" alt=\"\" width=\"195\" height=\"270\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Getty Images/Kevork Djansezian\u003c/figcaption>\u003c/figure>\n\u003cp>If the \u003ca title=\"Trust Act\" href=\"http://legiscan.com/gaits/text/643014\" target=\"_blank\">Trust Act\u003c/a> is passed, California will be the first state in the country to challenge the federal Secure Communities program by directing local police departments to stop detaining undocumented immigrants after they're eligible for release.\u003c/p>\n\u003cp>Border reporter Amy Isackson reports about 198,000 people nationwide have been deported under Secure Communities in the last three years. California leads all states with 75,000 deportations. Seventy percent of those deported did not commit a crime or were guilty of a low-level offense.\u003c/p>\n\u003cp>The bill's sponsor, Assemblyman Tom Ammiano, said on \u003ca title=\"Forum\" href=\"http://www.kqed.org/a/forum/R201207130900\" target=\"_blank\">KQED Forum\u003c/a> last Friday that the Trust Act will help free up resources in the criminal justice system as many less-violent prisoners that would have formerly been sent to state prison are now directed to county jails under realignment:\u003c/p>\n\u003cp>\"There's a lot of pressure on local jail space--that's what realignment is doing,\" Ammiano told host Joshua Johnson. \"And we shouldn't use these resources to unfairly trap parents, students, and you know, even citizens... There is a lot of racial profiling going on around this. What we're asking is that there be standards and protocols so that innocent people are not swept up. You can't criminalize someone for being undocumented, but of course, if they're [violent criminals] they should be deported.\"\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jessica Vaughn, director of policy studies at the Washington D.C.-based \u003ca title=\"CIS\" href=\"http://www.cis.org/\" target=\"_blank\">Center for Immigration Studies\u003c/a>, said undocumented victims and witnesses of crimes are already protected under ICE's existing priorities.\u003c/p>\n\u003cp>\"There's not a single victim or witness to a crime who's been deported as a result of Secure Communities who was not...already involved in some kind of criminal offense,\" she said on Friday's Forum show.\u003c/p>\n\u003cp>The problem with the Trust Act, according to Vaughn, is that it removes discretion from local law enforcement agencies, preventing them from turning over undocumented people unless they're felons convicted of certain violent crimes.\u003c/p>\n\u003cp>\"And that means people like drunk drivers, gang members, people who are committing these acts of domestic violence are gonna be allowed to stay here... And after all, everyone here illegally is potentially subject to some kind of immigration law enforcement. And that's what the public wants to see happen.\"\u003c/p>\n\u003cp>But as the \u003ca title=\"CoCo Times\" href=\"http://www.contracostatimes.com/california/ci_21066015/san-mateo-county-admits-mistakenly-reporting-arrested-minors\" target=\"_blank\">Contra Costa Times\u003c/a> reports, underage undocumented immigrants in San Mateo County have been mistakenly reported to federal immigration authorities.\u003c/p>\n\u003cblockquote>\u003cp>After being notified of its error in November, the county implemented a new policy in March, said Stuart Forrest, chief of the county's probation department, which oversees juvenile justice matters. The new policy still gives juvenile probation officials broad discretion to report youths, \"guided by what best protects public safety and the best interests of children.\" And that galls immigrant advocates, who say the U.S. Immigration and Customs Enforcement (ICE) shouldn't be contacted at all when it comes to kids.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The bill is expected to land on Governor Jerry Brown's desk in early August.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/70330/california-pushes-back-against-secure-communities","authors":["216"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_2753","news_2755","news_1314","news_1293"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You ask the questions. You decide what Bay Curious investigates. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. 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