California TRUST Act Guidelines for Law Enforcement Agencies


The California TRUST Act went into effect on January 1, 2014. It requires California State and Local law enforcement agencies to follow specific guidelines before honoring an Immigration and Customs Enforcement detainers (or ICE holds).

Additionally, an Oregon federal court found it unconstitutional for local law enforcement agencies to hold individuals for ICE if they were no other grounds for holding that person. The court found that the Sheriff in that case was liable for damages for that Constitutional violation.

If you or someone you know has been held on an ICE hold, contact an immigration attorney to discuss your rights.

The California Attorney General sent out a reminder and update on law enforcement responsibilities under the TRUST Act on June 26, 2014. The three page memo is attached below. Click on a page to view it:



 
 

 
 
 




L.A.-Area ‘Notarios’ Indicted in Scheme that Cost Some Immigrants Their Life Savings




 
FOR IMMEDIATE RELEASE

June 26, 2014

LOS ANGELES – A Los Angeles-area immigration consultant and one of her employees were arrested this morning after being named in an indictment that alleges they filed fraudulent “green card” applications on behalf of immigrants who were married to U.S. citizens, some of whom paid more than $20,000 for their services.

Claudia Arreola, 35, of El Monte, who owns California Immigration Services (CIS), and her business associate, Leticia Gutierrez, 35, Pico Rivera, were taken into custody this morning by special agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The two women were charged in a six-count indictment returned Tuesday by a federal grand jury.

“Fraud scams run by so-called notarios threaten the integrity of the immigration process and offer false hope to desperate people,” said United States Attorney AndrĂ© Birotte Jr. “The two women in this case victimized immigrants for years by giving the false impression that they could fix immigration problems.”

According to the indictment, the defendants submitted paperwork to U.S. Citizenship and Immigration Services (USCIS) on behalf of six foreign nationals who were seeking to obtain “green cards” – permanent resident status – based on legitimate marriages to U.S. citizens. The applications filed by the defendants allegedly included fraudulent I-94 cards indicating that the immigrants, who originally came to the U.S. illegally, entered lawfully on visitors’ visas.

The immigrant victims were originally quoted fees of approximately $7,000, but the defendants ultimately charged them as much as $24,000. To pay the debt, some of the couples borrowed against their credit cards or obtained loans from family and friends. Subsequently, investigators say when several of the foreign nationals sought refunds after they failed to receive “green cards,” the defendants allegedly threatened to contact authorities and have the aliens deported.

“Tragically, as is often true in such scams, at least some of the victims in this case could have obtained green cards legally,” said Claude Arnold, special agent in charge for HSI Los Angeles. “Instead, they placed their trust and, in many cases, their life savings in the hands of individuals who were focused on enriching themselves, rather than on helping hopeful immigrants realize the American dream.”

Investigators say the similarity between the name and acronym for Arreola’s consulting business and USCIS, the Department of Homeland Security agency that adjudicates applications for immigration benefits, was no coincidence. Evidence developed during the investigation showed that money orders and cashier’s checks made out to USCIS had been deposited in bank accounts controlled by defendants.

The probe targeting Arreola’s CIS began in 2011 after HSI received leads from USCIS’s Fraud Detection and National Security directorate involving several suspicious benefit applications. While only six instances of fraud are charged in the case indictment, authorities believe the scheme is responsible for dozens of fraudulent benefit applications.

“Arreola victimized immigrants for personal gain by pretending to be associated with USCIS,” said USCIS FDNS Western Regional Assistant Director Ken Takeda. “We are committed to upholding the integrity of our immigration system by combatting these deceptive practices. USCIS strongly encourages the public to seek legal advice or representation from attorneys or accredited representatives.”

Arreola and Gutierrez are expected to be arraigned on the indictment this afternoon in federal court. If convicted, both defendants face a statutory maximum penalty of 60 years in federal prison.

In 2003, the Attorney General of the State of California filed suit against Arreola and Gutierrez, among others, alleging that defendants had engaged in an illegal scheme to provide immigration services in violation of California law. Both Arreola and Gutierrez entered into settlement agreements in which they promised not to engage in illegal immigration consulting services in violation of California law, specifically agreeing not to promise certain benefits or results in immigration cases. In 2006, the defendants began operating California Immigration Services and engaging in the conduct alleged in the indictment.

This case is part of an ongoing, nationwide effort by the Department of Justice and the Department of Homeland Security to target unscrupulous immigration practitioners and combat the unauthorized practice of immigration law. The initiative relies on federal, state and local resources to combat the widespread problem of unauthorized practice of immigration law. Other partners involved in the Los Angeles effort include the Federal Trade Commission, the Los Angeles County Department of Consumer Affairs, the State Bar of California, the Los Angeles County District Attorney’s Office, the Los Angeles City Attorney’s Office, and the Attorney General’s Office of the State of California. For more information on the initiative, please visit http://www.uscis.gov/news/national-initiative-combat-immigration-services-scams.

HSI and USCIS believe there are additional victims in this case who have not yet been identified. The Los Angeles County Department of Consumer Affairs has a toll-free number that victims can call to get information or seek assistance: 1-800-593-8222.

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NOTE FROM ARNO'S OFFICE: Look for an immigration lawyer who is in good-standing with the State Bar and who is a member of the American Immigration Lawyers Association (AILA).
 
In California, you can look up lawyers at http://calbar.ca.gov.
You can search for AILA member attorneys at http://www.aila.org.
 

Supreme Court Decision in Scialabba v. Cuellar de Osorio




-Immigration Law-
Board of Immigration Appeals reasonably interpreted 8 U.S.C. Sec. 1153(h)(3)--which provides a remedy for certain children who turn 21 years of age and would otherwise lose priority while waiting for visas to which they would be eventually entitled as sponsored relatives of U.S. citizens or legal permanent residents--as being applicable only to those petitions that can be seamlessly converted from one family preference category to another without the need for a new sponsor.

     Scialabba v. Cuellar de Osorio - filed June 9, 2014
     Cite as 2014 S.O.S. 12-930_4g18
     Full text http://www.metnews.com/sos.cgi?0614//12-930_4g18

Supreme Court Tells Many Immigrants Waiting for Visas to Start Over


A divided Supreme Court sided with the Obama administration on Monday in a ruling that will effectively mean many "aged out" immigrants will have to wait several more years to obtain a visa. In other words, if a parent applies for a visa for their family, but one of their children turns 21 before they reach the front of the line (the wait can take years), that "aged out" child will probably have to start his or her wait all over again as an adult.

As the Associated Press explains, the case centered around the story of Rosalina Cuellar de Osorio, who applied for a visa with her then-13-year-old kid. When de Osorio finally got an available visa, her son had already turned 21, meaning that he could no longer go along for the ride on his mother's application. He was put at the back of the visa waiting list, and waited years before he was finally granted one. The Supreme Court decision reverses one from the 9th U.S. Circuit Court of Appeals in de Osorio's favor.

Read the entire article at:

Supreme Court rules against immigrants over visa eligibility




WASHINGTON Mon Jun 9, 2014 12:11pm EDT

 (Reuters) - The U.S. Supreme Court ruled on Monday that children waiting with their parents for immigration visas must go to the back of the line once they reach the age of 21.

The court was divided 5-4 in deciding that only in limited circumstances does federal immigration law allow for children to retain their place in line after they become adults.

The case concerns a program that allows people who are U.S. citizens or legal residents to sponsor relatives who live overseas. People often have to wait for years for approval of their visa applications and the number of visas available is capped each year.

The litigation is unconnected to recent reports of unaccompanied children crossing the U.S. border illegally.

The court endorsed the federal government's interpretation of the law, which was that only children of permanent U.S. residents were eligible to keep their place in line once they reached the age of 21.

The case was brought by two groups of plaintiffs, including Rosalina Cuellar de Osorio, who was told in November 2005 that her family was at the front of the line to obtain visas to enter the United States from El Salvador. The family was told at the time that her son, Melvin, who had turned 21 just months earlier, would no longer be eligible.

The Supreme Court decided to hear the issue after the San Francisco-based 9th U.S. Circuit Court of Appeals ruled in September 2012 that a broader category of visa applicants was eligible than had been argued by the administration of President Barack Obama.

The five justices in the majority were split over which legal rationale to adopt. Justice Elena Kagan, who wrote the majority opinion, was joined in full by only Justices Anthony Kennedy and Ruth Bader Ginsburg.

Kagan wrote that when a statute is unclear, the court was required to defer to the interpretation offered by the government. Chief Justice John Roberts and Justice Antonin Scalia agreed with the judgment but offered a different rationale.

Justice Sonia Sotomayor, who, like Kagan, was appointed by Obama, wrote in a dissenting opinion that the law was clearer than the majority suggested and that the case should have been decided with a "commonsense approach."

The case is Scialabba v. de Osorio, U.S. Supreme Court, No. 12-930.

(Editing by Howard Goller and Bernadette Baum)

 

Immigrant Children Packed in Crowded Texas Border Facilities



Leaked photos show immigrant children packed in crowded Texas border facilities

Kolten Parke, Express-News
By Kolten Parker, San Antonio Express-News
Updated 9:15 am, Friday, June 6, 2014

SAN ANTONIO — Photos leaked Thursday from a U.S. Border Patrol facility in the Rio Grande Valley show overflowing holding facilities of immigrants, many of whom are children.

The photos, obtained by the conservative website Breitbart, show hundreds of immigrants believed to be in the country illegally from Central America and Mexico being held in crowded concrete rooms similar to a jail cell. Many of the children appear to be teenagers but some clearly are younger.

The photos have a timestamp of May 27, 2014.

A spokesperson for U.S. Customs and Border Protection said the agency has not “officially released any photos at this time in order to protect the rights and privacy of unaccompanied minors in our care.”

“The influx of unaccompanied children across the southwest border has resulted in an urgent humanitarian situation,” the CBP spokesperson said. “It requires a whole of government coordinated and sustained response.”

President Barack Obama has directed an effort, lead by the Federal Emergency Management Agency, to provide resources and “humanitarian relief to affected children,” which is a “priority,” the spokesperson said.

It is unclear who leaked the photos to Breitbart.

“Given the deteriorating security and economic conditions in the Central American countries where most of these children and adult immigrants came from, it's hard to understand how Department of Homeland Security didn't see this coming,” Sylvia Longmire, a contributor to Breitbart who focuses on border issues, said on the website. “Now, the results of this mismanagement are thousands of individuals living in inhumane conditions for an indeterminate period of time, as well as exhausted and overwhelmed Border Patrol agents and CBP detention facilities.”

The overwhelming numbers of undocumented immigrants during recent months has impacted San Antonio.

A temporary shelter at Joint Base San Antonio Lackland has housed and provided services to 1,820 unaccompanied minors from Central America since May 18, San Antonio Express-News reporter Melissa Fletcher Stoeltje reported. The immigration is part of a “surge” of children said to be fleeing poverty and violence in their home countries, she reported.

For more details on this story, including the conditions of the facility at Lackland, read Fletcher Stoeltje's story at ExpressNews.com or in Friday's print edition of the San Antonio Express-News.