Biden Administration Under Pressure To Do More On Detention

On May 20th, the Biden administration announced that it would end the use of two controversial detention facilities used by Immigration and Customs Enforcement (ICE) in Georgia and Massachusetts. The decision was issued to ICE in a memo by Homeland Security Secretary Alejandro Mayorkas, noting that the move was the “first step” in addressing conditions in immigrant detention facilities. The announcement came as President Joe Biden faced mounting pressure after immigration advocates demanded he fulfill campaign promises on immigration detention. 

After more than 100 days in office, the Biden administration had yet to live up to many of its immigration campaign promises or take any meaningful steps to reform or end detention. This left many advocates frustrated with the President's handling of the issue and his interaction with activists who confronted him. 

During an appearance in Georgia in late April, Biden was confronted by immigration advocates demanding that he take action to close detention facilities used to detain immigrants. Biden’s speech was meant to commemorate his first 100 days in office, instead it served as a stark reminder of his failed campaign promises, specifically on ending the operation of private immigrant detention facilities. The protestors demanded that Biden “end detention now” and also appears to have shouted out the “Community not Cages” campaign spearheaded by Detention Watch Network. 

Biden responded to the demands by attempting to appease the protestors. "I agree with you. I'm working on it, man," Biden said. "Give me another five days." Many immigrant advocates took this as a sign that the administration was working on a major announcement involving private detention facilities and would reveal a plan within the following five days. 

"There should be no private prisons, period. None. Period ... Private detention centers: They should not exist, and we are working to close all of them.” Biden added.

Far from providing a real timeline or clarity about forthcoming policy changes, Biden skirted accountability or what seems an earnest acknowledgment of the issue. Though Biden’s response appears to have provided a ray of hope for forthcoming policy changes, the President later stated that he was, in fact, “teasing” the protestors. 

When asked about it during a White House briefing, Biden responded, “I was teasing about — you know, I can’t get — I have to get it passed.  And that’s what I — but I do support eliminating funding to private prisons.”

Biden’s comments were particularly hypocritical given that his original campaign promise included ending the use of for-profit prisons and immigration detention facilities, leading to him signing executive orders to end the use of private prisons in January. Critics have pointed out that Biden’s order has done little to stem issues related to mass incarceration and will likely result in individuals being transferred from private facilities to public ones, as opposed to being released. It is estimated that only 14,000 individuals nationwide are held in private, for-profit federal prisons.

Immigration advocates have long demanded that Biden live up to his campaign promise to end the use of private detention in the context of immigration detention and, in fact, end the use of detention as a whole.

Biden’s response to his broken campaign promises is arguably incoherent and offensive. The President has the ability to act decisively on the issue of immigration detention and does not have to “get it passed” when deciding to end the use of private detention. 

The lack of action on immigration detention is particularly concerning given that ICE has recently ramped up enforcement, increasing the number of individuals in detention. According to Detention Watch, “ICE is reporting that there are 20,430 people in its custody as of 5/14, a nearly 33% increase since the start of the Biden administration when there were 15,415 people in ICE custody.”

As if to underscore just how far apart the administration's actions are from their campaign promises, the Biden administration also appears to be in talks with the notorious GEO Group to extend a contract for detention services in Florida. 

The move to close two of the most notorious detention facilities may be an indication that the administration understands the mounting pressure, but some advocates may view it as too little too late. 

While advocates await changes at the federal level, they are not sitting by idly. In addition to campaigns calling for action from Biden, activists have supported state-level policy pushes to ban the use of for-profit ICE detention facilities as one of the key strategies to abolish these types of facilities. These grassroots efforts to challenge the detention system may ultimately do more to end the industry than any President in the near future. 

Sacramento Refugee Fights for his Freedom From Immigration Detention

Omar Ameen and his family

Immigrant Legal Defense (ILD), Omar Ameen’s immigration removal defense attorneys, is joined by a broad coalition of advocates working to support the release of Omar Ameen, a Sacramento resident originally from Iraq, who was falsely accused of supporting a terrorist organization. On Tuesday, advocates held a press conference to mark Ameen’s 1,000th day in detention. The conference was held in front of the ICE building on the Capitol Mall in Sacramento and centered on calls to release Ameen from federal detention.

Ameen was originally accused of being a member of the Islamic State of Iraq and the Levant (ISIS) and killing an Iraqi policeman. Ameen was arrested in 2018 in his home in Sacramento and faced extradition to Iraq. The Trump administration used his arrest to perpetuate a narrative that former terrorists were entering the United States as refugees.

Ameen came to the United States in November 2014 after being granted refugee status as a Sunni Muslim who faced persecution if he returned to Iraq. However, in August 2018, the U.S. Department of Justice, at the request of Iraq’s government, arrested Ameen and began extradition proceedings to send him back to Iraq.

Ameen was accused of killing an Iraqi policeman, Abdulhafiz Jasim, in his hometown of Iraq. Ameen, however, disputed this accusation, arguing that he was residing in Turkey at the time. According to the San Francisco Chronicle: “His account was backed by numerous witnesses, by polygraph tests, and by his signature on weekly refugee log books several days before and after the killing, Brennan said. And on the day of the killing, the magistrate said, cell phone towers in his hometown of Mersin, Turkey, recorded two calls from a phone that, according to all available evidence, had never been used by anyone but Ameen.”

After a lengthy legal battle, a U.S. Magistrate judge declined to certify Ameen’s extradition, stating, “the evidence strongly supports that Ameen never left Turkey in June 2014, and the record before the court, taken in its entirety, does not establish probable cause that he was responsible for Jasim’s murder.”

Following this verdict, Ameen was transferred into ICE custody and placed in immigration detention based on the same allegations and evidence presented in his extradition hearing. Advocates have noted that Ameen’s deportation to Iraq will result in his arrest and prosecution, with no possibility of a fair trial. His prosecution would likely result in a death sentence in Iraq. Therefore, advocates are not only fighting to free Ameen from detention but to save his life.

Ameen’s case has earned the support of advocates and community members. Sacramento Mayor Darrell Steinberg and Sacramento City Council members called for Ameen’s release in a letter, saying, “We urge the immediate release of Mr. Ameen and an end to his deportation proceedings. Not only is there no basis for his continued detention or deportation, the false accusations against Mr. Ameen would place him in danger of wrongful execution were he returned to Iraq.”

ILD represents Ameen in his removal proceedings and matters before DHS, including a request for release by ICE. In an interview with the San Francisco Chronicle, Siobhan Waldron, an attorney with ILD, argued that ICE “...should release Ameen immediately and drop its case against him. “If ICE continues to prosecute him, Mr. Ameen will continue to fight to save his life,” she said.

Ameen released the following statement from detention to the community. “It has been almost three years since I was woken up and taken away suddenly from the arms of my family. I didn’t even get to say goodbye to my wife and children because I was certain it was a mistake and I’d be back the same day. I then spent two years and eight months at Sacramento jail on charges that I am completely innocent of. The judge found me innocent and ordered me to be immediately released, but the immigration police didn’t let me go home the day I won the case on April 21, 2021, and they are detaining me in a faraway location now. My family and I thought I’d get to go home that day. I am so grateful to the judge for listening to all the evidence, and I thank God that in this country, I had the right to defend myself and be found innocent. I love America and want to enjoy living here with my wife and children for the rest of my life. It saddens me that I still have to fight for my freedom again. Please let me go home to my family now so that I can enjoy these last few days of Ramadan with them, break my fast with them, and enjoy my first Eid with my children in over two years.”

While Omar Ameen remains in detention, ILD and other community advocates will continue to bring awareness to his case and support his fight for freedom.

You can take action to support Omar!

Call to Action!

1. CallDeportation Officer Lo: 661-328-4508

2. Use the call script below:

“Hi, my name is [name] and I am from/live in [city/county]. I am calling to request the urgent release of Omar Ameen, A#212-734-127. In 2018, the Trump administration instigated and coordinated an Iraqi extradition request for lawfully admitted refugee Omar Ameen, falsely accusing him of being an ISIS commander and murderer.  The federal court recently denied the flimsy extradition request in April and instead of reuniting with his family after nearly three years of being unjustly held in total segregation, he was transferred to ICE custody.  He should not be separated from his wife, children, and community for a day longer.”

1. Sign this Petition to Secretary of Homeland Security Alejandro Mayorkas and others in the Biden Administration asking that Omar be released from custody and allowed to live with his family while he fights for his freedom.

1. Contact your Congressional representatives to demand Omar Ameen’s immediate release from immigration custody. https://act.newmode.net/action/cair-california/freeomarameen

3. Find out more about his case on Omar’s official website.

California Advocates Search for Solutions to Protect Unaccompanied Minors

Advocates in California are exploring new ways to prepare for a wave of unaccompanied children entering the United States as the Biden administration scrambles to find proper care for hundreds of new arrivals each day. The administration has come under increasing scrutiny in recent weeks from advocates decrying the use of influx shelters and prison-like facilities used to house minors. 

California receives more unaccompanied children than any other state in the country, with an estimated 30,000 children being released to sponsors in the state since 2014. The recent wave of unaccompanied minors means the state is likely to receive hundreds of new arrivals, with the federal government planning to open an emergency shelter in Long Beach to house up to 1,000 immigrant children. 

The Long Beach City Council voted unanimously to allow the city to lease a convention center to the federal government to house minors as young as three years old. The move has sparked a debate, with some viewing the move as a sign of “welcoming” immigrant children, while critics, including immigration activists, have questioned whether such facilities are humane. 

“In spite of purporting to try to provide an alternative to the kids in cages, the city is becoming complicit in the warehousing of children,” Lauren Heidbrink, an assistant professor at Cal State Long Beach, said in an interview with the LA Times. “While there is a Democratic president and a Democratic administration in Long Beach, from the perspective of migrant children, they continue to experience more of the same — family separation and detention.”

Gaby Hernandez, with the Long Beach Immigrant Rights Coalition, was also critical of the move, telling the Times, “What we are hearing is we should just be fine that this is a better choice than what we are seeing right now — which is kids in cages on the floor...We shouldn’t have to pick between those two bad choices.”

The criticism in California comes as more than 180 organizations signed a letter to the federal government criticizing the use of “influx facilities” and demanding a more humane solution with respect to relocating unaccompanied children.

While federal authorities search for locations in various states to house immigrant children, advocates in California are exploring policy solutions that offer increased protections for this vulnerable population.

One strategy pursued by advocates is pushing for greater oversight by the state of California for unaccompanied minors placed in the care of state-licensed facilities. Unaccompanied minors who are not able to be reunited with family are often placed in long-term foster care. The federal government is required to find foster homes that are licensed by the state in which they are located. As a result, states can exercise a certain degree of oversight over the conditions of care for unaccompanied children. 

AB 1140, by Assemblymember Robert Rivas (D-Hollister), is a state bill that seeks to ensure uniform and clear oversight for unaccompanied minors in state-licensed facilities. The bill focuses on the role the California Office of the Foster Care Ombudsperson can play in offering protection to unaccompanied minors in foster facilities. 

“Thousands of unaccompanied children cross our border fleeing poverty and violence, and many of them are temporarily taken into federal custody in state-licensed childcare facilities,” Asm. Rivas said in a press release introducing the bill. “California’s foster care system lacks explicit protections for unaccompanied immigrant children, which leaves them particularly vulnerable. AB 1140 addresses this vulnerability and guarantees that this group of children will not be overlooked and underserved by the State during a time of desperate need.”

Some key examples of how the Ombudsperson’s can assist unaccompanied children through AB 1140 include:

• Investigating complaints made by or on behalf of unaccompanied children about treatment in state-licensed childcare settings 

• Educating childcare program staff about their state licensing obligations and children’s personal rights under California state law

• Ensuring that children can exercise their right to communicate with family members, including children, co-parents, and their own parents

• Ensuring children have access to resources in their own languages

• Assisting children with finding flexible and alternative educational options suitable for their specific needs

The bill is an example of important ways in which advocates can leverage state resources and infrastructure to address immigration issues and protect unaccompanied children. The bill also serves as a potential model for other states to follow as they prepare to receive and house unaccompanied children.

The bill recently passed the Assembly Judiciary and Health and Human Services Committees and is set to be heard on the Assembly floor before moving to the California Senate. The bill is co-sponsored by Immigrant Defense Advocates, along with Kids in Need of Defense (KIND), Youth Law Center (YLC), Legal Services for Children (LSC), Vera Institute of Justice, and National Center for Youth Law.

“Even though immigration is a federal issue, we have to ensure that as a state, we’re setting the national example when it comes to protecting our children, even our undocumented immigrant children,” Rivas said in an interview with the Sacramento Bee.

House Passes Legislation for DREAMERS and Farm Workers, but Bills Face Uncertain Future in Senate

On March 18, 2021, the U.S. House of Representatives voted to pass key immigration bills that are set to create a pathway for citizenship for millions of immigrants in the United States. The two bills, the American Dream and Promise Act and the Farm Workforce Modernization Act offer an avenue to legalization for Deferred Action for Childhood Arrivals (DACA) recipients, farmworkers, and those with Temporary Protected Status (TPS). 

The American Dream and Promise Act passed the House with a vote of 228-197, including nine Republicans voting in favor of the bill. The bill offers a potential path to citizenship for an estimated 2.5 million DACA recipients, as well as those with TPS. 

Here is a list of requirements and benefits for DACA recipients:

• The bill would create a “conditional permanent resident” status for DACA beneficiaries, providing them status for up to 10 years and allowing them to work and live in the United States and travel abroad. 

• To qualify for “conditional permanent resident” status, recipients would need to show that they are not inadmissible to the United States based on certain grounds, including criminal convictions, national security concerns, and other immigration bars. They must also demonstrate that they have earned a high school diploma or equivalent and pass a background check. 

Here is a list of requirements and benefits for TPS recipients:

• TPS holders can obtain a green card if they establish that they have lived continuously in the U.S. for at least three years before the bill is enacted.

• Prove that they were eligible or had obtained TPS on September 17, 2017.

• Submit an application within three years of the bill's passing and meet the general admissibility requirements for obtaining a green card.

• Pay a fee. 

• The bill would protect TPS recipients or TPS-eligible individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Syria, and Yemen, as well as individuals with Deferred Enforced Departure (DED) from Liberia. Unfortunately, the bill would not benefit individuals from Venezuela or Burma who received TPS grants in 2021. 

For a detailed list of requirements for all beneficiaries of the Dream and Promise Act check here.

“The American Dream and Promise Act of 2021 is a critical first step in reforming our immigration system and will provide much-needed relief to TPS holders and Dreamers, young people who came here as children and know no other country," said President Joe Biden in a statement after the bill was passed.

The Farm Workforce Modernization Act passed with a vote of 247-174, with thirty Republicans voting in favor of the bill. The bill includes an “earned legalization program,” which would allow individuals to apply for “Certified Agricultural Worker” (CAW) status. CAW status would provide individuals with temporary residency during the 18-month application period. 

Here is a list of the requirements and benefits for CAW status:

• Provide proof of employment in the U.S. agricultural industry for at least 180 work days over the previous two years.

• CAW status can be renewed indefinitely as long as the individual continues to do agricultural work for at least 100 days a year.

• Applicants must undergo background and security checks.

• Individuals who qualify for CAW can also obtain status for their spouses and minor children.

• Long-term workers can earn a path to permanent residency by paying a $1,000 fine and completing a specific term of agricultural work. This term would include four additional years of work for individuals with ten years of prior work or eight years of additional work for individuals with less than ten years of prior work.

For a detailed list of Farm Workforce Modernization Act requirements, check here. 

California lawmaker Rep. Zoe Lofgren, who sponsored the bill, thanked farmworkers for assisting the country through the COVID-19 Pandemic, "thanks to the farmers of America, but also the farmworkers of America, most of whom are undocumented and most of whom have been here more than 10 years. They live in a period of uncertainty, and we decided we should do something about it."

Both bills stand as important steps towards immigration reform and are seen by some as an attempt to make progress for specific populations of immigrants, while comprehensive immigration reform remains pending. 

However, there are those who would argue that the administration's focus on “Dreamers” and farmworkers indicates their goal of providing status to certain segments of the immigrant community that are deemed safe while eschewing policy changes that benefit individuals with criminal convictions or more complicated backgrounds. Advocates have also lamented the Biden administration’s lack of action to curtail immigrant detention or significantly scale back the operation of agencies like the U.S. Department of Homeland Security’s Immigrant and Customs Enforcement. 

The bills will now head to the Senate, where they are likely to face serious opposition from Republicans. The bills would require 10 Republican votes in order to pass, meaning that some form of compromise or alteration to the bill may be required. To further complicate matters, Republicans have seized on recent events at the U.S.-Mexico border as a negotiating point, with Sen. Lindsey Graham, a leader on immigration policy in the Senate, conditioning any legislative deals on stopping migration at the border. “It’s going to be really hard to get a bipartisan bill put together on anything that has a legalization component until you stop the flow.”

While the American Dream and Promise Act and the Farm Workforce Modernization Act present potential pathways to status for vulnerable immigrants, it remains to be seen if and when the bills become law.

U.S. Citizenship Act of 2021: Five Facts About Biden’s Immigration Proposal

The Biden administration has released details of its comprehensive immigration proposal, which promises to provide a pathway to citizenship for millions of immigrants. The bill, entitled the U.S. Citizenship Act of 2021, was sent to Congress on the first day of the Biden presidency. According to the administration, “The U.S. Citizenship Act of 2021 establishes a new system to manage and secure our border responsibly, keep our families and communities safe, and better manage migration across the Hemisphere.”

The following is a quick breakdown of the bill:

1.) The proposal is not yet law

The bill still needs to go through the legislative process before it officially becomes law. As a result, the timeline for when the bill may be passed remains unclear.  House Democrats recently stated that they are “Not quite ready” to move the bill forward, fearing they may still lack the vote necessary to pass the bill on the floor. 

2.) Creates a new form of status: lawful prospective immigrant (LPI)

The newly contemplated LPI status will provide undocumented immigrants with interim status while they are on their path to citizenship. Under the current proposal, LPI status would be valid for six years and may be renewed for another six years. Individuals with LPI status would be able to adjust their status to a lawful permanent resident (LPR) after five years of LPI status. 

In order to qualify for LPI status, a person must:

(1) have been continuously present in the U.S. from January 1, 2021, until the application is approved; and

(2) pay an application fee to cover processing costs and provide biometric and biographic data for a background check.

3.) Creates an expedited path to status for certain groups

The plan provides an expedited path for citizenship for certain groups, including agricultural workers, Deferred Action for Childhood Arrivals (DACA) recipients, and individuals with Temporary Protected Status (TPS). These groups will reportedly be immediately eligible for LPR status under the program, meaning they may receive a green card immediately and then apply for citizenship after five years of being an LPR.

4.) Allows individuals to apply for admission from outside the U.S., including individuals who have been deported

While the bill requires physical presence in the United States for those who wish to apply, it would provide a waiver for those who were deported on or after January 20, 2017, but had been physically present for at least three years prior to their deportation. Thus, individuals who were deported during the Trump presidency could seek a waiver to obtain residency. 

5.) Addresses root causes of migration 

The bill also intends to address the root causes of migration, particularly from the Northern Triangle countries of Guatemala, Honduras, and El Salvador. The bill provides for a “4-year strategy,” directing $4 billion dollars in funding from 2022 to 2025 to fund programs that alleviate violence, economic instability, and crime in these countries. 

The bill is an ambitious attempt to pass comprehensive immigration reform, though some advocates have noted that it still falls short of some expectations. Specifically, advocates contend that the bill continues to build on policies that exclude immigrants through a process of criminalization by denying citizenship to individuals who have certain prior convictions.

As the bill moves through the legislative process, it is important to understand that the law has not yet changed for those inside the United States, and the bill's final version may contain changes to the law as it currently stands. As always, we recommend that you not only track the process as it unfolds but that you consult with a qualified immigration attorney to understand your rights if and when the law does finally change. 

Read the Biden Administration’s Fact Sheet on the bill here.