Tag Archives: USCIS

News Nation: Report: 14K federal workers, including USCIS, assisting ICE

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The Cato Institute says over 14,500 federal law enforcement officers from other agencies are working with Immigration and Customs Enforcement agents to facilitate raids and make arrests nationwide, including new special agents from USCIS.

The Cato Institute this week reported that ICE’s Enforcement and Removal Operations (ERO) is receiving assistance from nearly 17,000 non-ERO agents, according to data given to the nonprofit organization.

That includes diverting U.S. Citizenship and Immigration Services employees to help with ICE raids.

The Department of Homeland Security this week announced a new class of USCIS employees had been “newly minted” as special agents to work with ICE.

USCIS personnel will have the authority “to investigate and enforce civil and criminal violations of the immigration laws within the jurisdiction of USCIS. These authorities include, but are not limited to, the issuance and execution of warrants, the arrest of individuals, and carrying of firearms,” according to a notice posted Friday in the Federal Register.

This includes ordering expedited removals. USCIS says it plans to recruit and train special agents for these roles.

“As (Homeland Security) Secretary Noem delegated lawful authorities to expand the agency’s law enforcement capabilities, this rule allows us to fulfill our critical mission. This historic moment will better address immigration crimes, hold those that perpetrate immigration fraud accountable, and act as a force multiplier for DHS and our federal law enforcement partners, including the Joint Terrorism Task Force,” USCIS Director Joseph Edlow said in a statement.

Edlow says this will allow his agency to handle investigations from start to finish, instead of referring some cases to Homeland Security Investigations (HSI) and ERO agents.

The Cato Institute reports that other federal employees diverted to ICE ERO include:

  • ICE HSI: 6,198
  • FBI: 2,840
  • Drug Enforcement Administration: 2,181
  • Alcohol, Firearms, Tobacco and Explosives: 1,778
  • U.S. Marshals Service: 650
  • Border Patrol: 335
  • Customs and Border Protection Office of Field Operations: 288
  • Department of State – Diplomatic Security: 93
  • CBP Air and Marine Operations: 68
  • Department of Defense: 35
  • IRS: 20
  • Bureau of Prisons: 11
  • U.S. Secret Service: 1

In addition, state and local law enforcement agencies have teamed up with ICE part of the 287(g) program. Cato reports that over 8,500 officers are contributing to ICE operations.

The American Immigration Lawyers Association (AILA) is opposed to arming USCIS personnel to become an arresting arm.

“The Trump Administration has transformed USCIS into an enforcement agency, weaponizing the immigration system against American families, asylum seekers, and businesses. What’s worse, this rule states they now plan to arm potentially hundreds of agents at USCIS,” AILA President Jeff Joseph said.

“Congress established USCIS after 9/11 to process legal immigration applications. Enforcement actions were left to other agencies to ensure that immigrants felt safe submitting their personal information and appearing for interviews. The administration’s continued attacks on those who are following the rules and going through legal channels will only serve to push people further into the shadows. Their aim of driving people out of the country shows a shocking disregard for the value and contributions that immigrants make to America,” Johnson said.

Report: 14K federal workers, including USCIS, assisting ICE
A national nonprofit says over 14,500 federal criminal law enforcement officers from other agencies are working with Immigration Customs Enforcement agents to facilitate ICE raids and make arrests …

https://www.newsnationnow.com/us-news/immigration/report-14k-federal-workers-including-uscis-assisting-ice

Fulcrum US: USCIS “Anti-American” Policy: Free Speech, Green Cards & Citizenship at Risk

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The Trump administration has introduced a new immigration policy that allows U.S. Citizenship and Immigration Services (USCIS) to deny visas, green cards, and even citizenship applications if an applicant is flagged for “anti-American” activity online. The move is already drawing concern from immigration attorneys and digital security experts, who warn that the vague wording opens the door to arbitrary decisions and potential violations of free speech.

Ayla Adomat, managing attorney of Adomat Immigration and specialized in green card applications, said in an interview with Latino News Network, the government has not provided a clear standard for what qualifies as “anti-American.” “So it does seem that prior social media posts can put a visa or green card application at risk. This has been confirmed by USCIS,” she explained. “What we are seeing, though is…we’re still kind of figuring out what counts as social media here.”

Adomat noted that obvious hate content, such as anti-Semitic posts or symbols tied to extremist movements, has already been flagged. But she cautioned that political commentary could also come under scrutiny. “Commentary against Trump or the Trump administration…this can really be construed a couple of different ways,” she cautioned. “Because these policies are so new, we’re still waiting to see how these are really interpreted by the government and also later the courts, because there’s absolutely going to be litigation.”

On constitutional grounds, Adomat said there is a strong legal argument that the First Amendment applies to non-citizens. “Several Supreme Court cases have alluded to this, though it hasn’t been the central holding. That’s why I think the Trump administration is fighting it”, told LNN.

Existing immigration vetting already screens applicants for ties to terrorism, criminal activity, or other security risks. The new policy represents a shift from concrete threats to ideology and opinion. Nic Adams, co-founder and CEO of the cybersecurity firm 0rcus, argued in a statement sent to LNN the vagueness of the guidance highlights the risks of giving officers wide discretion to scrutinize digital histories. Leaving “anti-American” undefined, he warned, “could allow officers to conflate legitimate political dissent with a fundamental rejection of the United States,” putting otherwise eligible applicants in the position of having to defend old posts or satire as if they were security threats.

“The lack of a specific time limit for this review and the broad nature of what can be considered ‘anti-American’ means that applicants must be prepared to have their entire public digital history scrutinized”, Adams added. The expert said that this could put otherwise eligible applicants in a position of having to explain or defend past speech that, at the time, was a simple expression of political opinion.

Critics say the policy could create a chilling effect among immigrants and applicants for legal status, who may self-censor for fear that online comments could be misinterpreted. Adomat stressed that applicants are now being advised to review their digital history carefully because even opinions, not just past actions, could be grounds for denial.

The policy, still in its early stages, is likely to face challenges in federal court. Until then, immigration lawyers are advising clients to review their digital footprint and think twice before posting about politics online.

USCIS “Anti-American” Policy: Free Speech, Green Cards & Citizenship at Risk

https://thefulcrum.us/governance-legislation/uscis-anti-american-policy-free-speech-green-cards-citizenship-risk

Knewz: Immigration officials issue new warning to green card holders

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U.S. Customs and Border Protection (CBP) is reminding lawful permanent residents to carry proof of their immigration status at all times, warning that failure to do so could lead to legal consequences. “Always carry your alien registration documentation. Not having these when stopped by federal law enforcement can lead to a misdemeanor and fines,” CBP wrote on X.

The renewed warning comes as President Donald Trump directs his administration to remove millions of migrants without legal status, fulfilling a campaign pledge of mass deportations. The White House has stated that anyone living in the country unlawfully is considered a criminal. While the administration’s focus has been on those without legal status, reports show that immigrants with valid documentation, including green card holders and visa holders, have also been detained. Outlets have documented dozens of cases in which lawful permanent residents and applicants were caught up in Immigration and Customs Enforcement raids.

As of January 1, 2024, there were an estimated 12.8 million lawful permanent residents living in the United States, according to the Office of Homeland Security Statistics. The requirement for non-citizens to carry registration documents is not new. It stems from Section 264(e) of the Immigration and Nationality Act, which makes it a federal misdemeanor to fail to carry such documents. According to U.S. Citizenship and Immigration Services (USCIS), lawful permanent residents who fail to comply with this requirement risk losing their immigration status and could face removal from the country.

Green card holders have legal protections if detained. They have the right to remain silent and request legal representation. While carrying proof of status is mandatory, individuals are not required to answer questions without a lawyer present. Adding to the concerns of immigrants navigating the legal system, USCIS has introduced a new $1,050 fee for certain applications that were previously free when filed as part of a green card case being adjudicated by an immigration court. This applies to Form I-131, used for requesting travel documents such as advance parole, and Form I-765, the application for employment authorization. The agency’s change places a significant financial burden on those pursuing lawful permanent residency while involved in court proceedings.

CBP reinforced its message in another post on X, stating, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him. Failing to do so can lead to a misdemeanor and fines if you are stopped by federal law enforcement. If you are a non-citizen, please follow the laws of the United States of America.”

Papers, please!

Immigration officials issue new warning to green card holders
U.S. Customs and Border Protection is reminding lawful permanent residents to carry proof of their immigration status at all times.

https://knewz.com/immigration-officials-issue-new-warning-green-card-holders

Newsweek: Green card applicants’ kids may lose legal status after Trump admin move

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Children of H-1B visa holders may now age out of their protected legal status while their parents apply for green cards, under a Trump administration policy change announced Friday.

The Department of Homeland Security (DHS) announced that it was reversing a Biden administration policy that prevented young adults from losing their legal status if a parent’s application was still pending when their children reached age 21.

Why It Matters

Around 200,000 children and young adults could be affected by the change, which comes amid a flurry of alterations at the U.S. Citizenship and Immigration Service (USCIS) to bring policies in line with President Donald Trump’s directives to tighten immigration controls.

What To Know

The USCIS policy change affects those who fall under the Child Status Protection Act (CSPA), which the administration of former President Joe Biden had allowed in February 2023 to apply to some children as soon as their parents became eligible to apply for a green card.

That meant that even if they “aged out” during the wait for a green card, they would not lose legal status.

On Friday, the Trump administration rolled those extensions back, saying that CSPA protections would once again only apply when a visa becomes available via the Department of State. USCIS said this would create a more consistent approach for those applying for adjustment of status and immigrant visas.

With long wait times for adjustment of status applications, particularly for H-1B and other temporary visa holders, this could now mean that when a dependent child turns 21, they lose their legal status and may have to leave the U.S., even if they have lived in the country for most or all of their lives.

Doug Rand, a DHS official during the Biden administration, said that many of those children would be American to their core, but would now be forced to the back of the line for a green card.

What People Are Saying

USCIS, in a news release: “The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State.”

Doug Rand, former DHS official, in a statement shared with Newsweek: “Back in 2023, the team I was part of at USCIS made a sensible policy change to make this situation a little less awful for a few more young people. Basically, the government has a choice about whether certain people who “age out” of their immigration status can still hang on to their parents’ place in line for a green card some day.

“We chose yes. Today, the Trump administration is choosing no.”

What’s Next

The new guidance will apply to requests filed after August 15, with those already in process not affected.

Green card applicants’ kids may lose legal status after Trump admin move
The Department of Homeland Security said it was reversing a Biden-era extension of protections.

https://www.newsweek.com/h1b-green-card-applicants-children-protections-change-trump-administration-2111075

India Currents: Racial Profiling & Immigration Crackdowns Strike Fear in Immigrant Communities Across America

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Immigrant communities in the U.S. are experiencing a growing sense of fear as masked federal agents, with no visible IDs, have been detaining immigrants in Los Angeles in a sweeping escalation of federal immigration enforcement that has prompted legal challenges and mass protests across America. Local officials and advocates are calling the crackdown unconstitutional—and a test of the nation’s democratic values.

The developments were the focus of a June 27 American Community Media (ACom) briefing that brought together legal experts, political leaders, and community advocates to examine the state’s response and avenues for effective resistance.

“We’ve never seen anything like this,” said Jeannette Zanipatin, Director of Policy and Advocacy at the Coalition for Humane Immigrant Rights (CHIRLA). “People are being arrested outside courthouses, at USCIS check-ins, and even during routine interviews— often without warrants, and sometimes without knowing who is arresting them.”

Zanipatin, an immigration attorney, noted that many of those detained have no criminal records. “This is racial profiling, plain and simple,” she said. “And it’s impacting all immigrant communities—Latino, Black, Asian, and more.”

California, long a stronghold of progressive immigration policy, has become the epicenter of federal enforcement. Former Los Angeles mayor, Antonio Villaraigosa, who served from 2005 to 2013 and is now running for governor, condemned these tactics.

“This is not law enforcement. This is intimidation,” Villaraigosa said. “We’re seeing people in fatigues, flash-bang grenades, and masked agents dragging away gardeners, nannies, and even U.S. citizens.”

Racial Profiling & Immigration Crackdowns Strike Fear in Immigrant Communities Across America
California emerges as the epicenter of resistance to a sweeping escalation of federal immigration enforcement
Racial Profiling & Immigration Crackdowns Strike Fear in Immigrant Communities Across America

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Racial Profiling & Immigration Crackdowns Strike Fear in Immigrant Communities Across America
Immigration enforcement tactics Immigrant communities in the U.S. are experiencing a growing sense of fear as masked federal agents, with no visible IDs, have been detaining immigrants in Los Angeles […]

https://www.msn.com/en-us/news/us/racial-profiling-immigration-crackdowns-strike-fear-in-immigrant-communities-across-america/ar-AA1HALOH

Wall Street Journal: Trump Administration Must Seek to Return Another Wrongly Deported Man, Judge Rules

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A second ruling finds that the government wrongly sent a man to an El Salvador prison under wartime law despite legal protections

A federal judge in Maryland has ordered the Trump administration to facilitate the return of another man who was sent to an El Salvador prison as part of the government’s push to swiftly remove alleged members of a Venezuelan gang.

The man, identified only as Cristian in court documents, was born in Venezuela and came to the U.S. as an unaccompanied minor. He and others who came to the country as children reached a settlement agreement with the government in November that prohibited their removal while their asylum applications were pending. 

https://www.wsj.com/us-news/law/trump-administration-must-seek-to-return-another-wrongly-deported-man-judge-rules-ccdfed29

USA Today: Trump slashes homeland security civil rights jobs in ‘Black Friday’ cuts

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Former DHS immigration detention ombudsman: “I think we’ll see people die in custody as a result.”

Homeland Security is eliminating those employees whose job is to keep them operating honestly and legally:

In a move aimed at reducing “roadblocks” to its immigration crackdown, the Trump administration has fired most employees within the Department of Homeland Security’s Office for Civil Rights and Civil Liberties and two separate DHS ombudsman offices, a senior DHS official confirmed late Friday.

The actions come amid other changes at DHS that critics say will curtail oversight of immigration efforts by President Donald Trump even as legal challenges intensify over their constitutionality.

A senior DHS official told USA TODAY that the RIF or “reduction in force” efforts were done “to eliminate redundant and counterproductive roles while reallocating resources to frontline enforcement, where they are most effective.”

…

Michelle Brané, who served in the Biden administration as the immigration detention ombudsman within DHS, called the cuts a “recipe for disaster.”

Brané said she believes roughly 200 people lost their jobs in what she called “Black Friday” cuts.

“They’re eliminating all the oversight bodies within the Department of Homeland Security at a time when they are being more aggressive than ever and making more mistakes than ever,” Brané said. “I think we’ll see people die in custody as a result.”

Trump slashes homeland security civil rights jobs in ‘Black Friday’ cuts
A senior Homeland Security official says the offices established to protect against abuse were cut because they are “roadblocks’ to enforcement.

Trump slashes homeland security civil rights jobs in ‘Black Friday’ cuts