Latest On IMMIGRATION TOPICS

By: Robert Gard

 

U.S. Customs and Border Protection (“CBP”) Dealing With Growing Pains, a Culture of Impunity and a Lack of Accountability

U.S. Customs and Border Protection (“CBP”) has announced that it will accept applications for CBP officer positions at air, land, and sea ports of entry on the Southwest border and other select locations. CBP will hire 2,000 additional officers by the end of Fiscal Year 2015 (9/30/2015.) CBP proudly proclaims that they are the Nation’s largest uniformed law enforcement agency, and indeed the agency has more than doubled the number of CBP agents since 2004 to 21,000 agents patrolling the US/Canada & US/Mexico border areas. Accompanying this rapid growth is a sharp and alarming increase in the number of incidents involving the use of deadly force by CBP agents, as well as a corresponding increase in allegations of assorted lawlessness, physical abuse, and rude and unprofessional behavior. Since 2010, Border Patrol Officers have been involved in at least 29 use of deadly force incidents, and far greater number of use of excessive force allegations. In the last decade, CBP has not disciplined a single agent involved in a deadly force investigation, and the agency has suppressed one critical independent report for more than a year. This has generated intense criticism of CBP in the halls of Congress, from the FBI, and even from the Mexican government, particularly in those incidents where CBP agents have fired their weapons at people on the Mexican side of the border. CBP has recently replaced their commissioner, bringing in R. Gil Kerlikowske, former Police Chief in Seattle and, before that, in Buffalo. Since taking office in March, Commissioner Kerlikowske has ordered an internal agency review of hundreds of allegations of misconduct and use of deadly or excessive force, with approximately 155 cases (14 shootings and 141 allegations of other abuses) still under continuing review. He has brought in other seasoned experts from the field of law enforcement to set up advisory panels and make recommendations to address abuses by agents and prevent new abuses from occurring, such as instituting a trial program, fitting thousands of CBP agents with body cameras. Commissioner Kerlikowske promises openness and transparency, as well as personal and institutional accountability; and has vowed that the institutionally ingrained practices of stonewalling Congress and the Press are at an end. The agency has begun to release policy directives on the use of deadly force and other tactical measures. Additionally, Commissioner Kerlikowske has established a “rapid reaction force” of special agents and investigators to take to the field immediately to gather evidence, investigate incidents and allegations of abuse, and bring and pursue disciplinary actions much more quickly than has been done in the past. “We are a large organization — we own this problem and we own the responsibility to ensure that we are doing a good job, those people that are involved in this conduct or criminal activity have to be held accountable,” Kerlikowske announced at a recent press conference. With its new authority, granted by Homeland Security Secretary Jeh Johnson, the internal affairs office will train investigators to respond to each useof- force allegation, Kerlikowske said. While I’m on the Subject of U.S. Customs and Border Protection (“CBP”), Another Good Reason to Constantly and Consistently Monitor Your CBP Admissions Records On-Line Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 or I-94W. Those who need to prove their legalvisitor status—to employers, schools/universities or government agencies—can access their CBP arrival/departure record information online. CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records. Because advance information is only transmitted for air and sea travelers, CBP will still issue a paper form I-94 at land border ports of entry. If travelers need the information from their Form I-94 admission record to verify immigration status or employment authorization, the record number and other admission information they are encouraged to get their I-94 Number. Upon arrival, a CBP officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted until. If a traveler would like a paper Form I-94, one can be requested during the inspection process. All requests will be accommodated in a secondary setting. Upon exiting the U.S. travelers previously issued a paper Form I-94 should surrender it to the commercial carrier or to CBP upon departure. Otherwise, CBP will record the departure electronically via manifest information provided by the carrier or by CBP. This automation streamlines the entry process for travelers, facilitates security and reduces federal costs. CBP estimates that the automated process will save the agency $15.5 million a year. The CBP INFO Center offers questions and answers for I-94. Unfortunately, the nonimmigrant admissions and travel information entered into the CBP database by the CBP inspectors at the port-of-entry is not always correct, but you won’t discover that inaccuracy until/unless you go on-line and review your travel history and admissions records, which should be done IN ALL CASES within 24 to 48 hours after each admission to the U.S. from a trip abroad at the following site address: https://i94.cbp.dhs.gov/I94/request.h tml (CBP Records Request) Just this past week, we had someone in the U.S. on an H-1B nonimmigrant visa with authorized stay valid through November 2016 retuning to the U.S. from a business trip to the United Kingdom. His wife and two young children are in the U.S. on H-4 derivative/dependent visas. He produced all of the appropriate H-1B documentation at the port-of entry, but when I went on line to pull up his admission records a few days after his return to the U.S., the CBP admissions records showed that he had been admitted to the U.S. as a B-2 nonimmigrant visitor with an authorized stay of only six months, and no authorization to resume his H-1B employment in the U.S. The wrongful admission as a B-2 also terminated the H-4 derivative/dependent status of his wife and kids. Fortunately, he was able to visit the CBP Deferred Inspections Officer at the USCIS offices in Chicago and get his official on-line records corrected, but this entailed an in-person visit to those offices and several hours of time. Remember that nonimmigrants must take care to preserve their lawful nonimmigrant status, and part of that responsibility includes monitoring their on-line admissions and travel records for accuracy and inclusiveness. Want to Invest in a Growing Business? Buy a Prison The nation’s two largest private prison companies released information last week indicating that they continue to do quite well by contracting with ICE and other federal government agencies responsible for detaining migrants. Corrections Corporation of America (CCA) and GEO Group, respectively the largest and second-largest private prison companies operating in the United States, have long been involved in immigration imprisonment. That trend does not appear to be abating, but they are diversifying their business operations. Corrections Corporation of America brought in roughly $350 Million in revenue in the second quarter of 2014. Three of CCA’s four largest sources of revenue during the first half of 2014 were the U.S. Marshals Service (17.4%), Federal Bureau of Prisons (13.3%), and ICE (12.2%). ICE’s detention operations are clearly devoted exclusively to migrants facing removal. CCA is able to renew more than 90% of their contracts with outside agencies, so these revenue streams won’t be ending anytime soon, and Congress provides assistance by actually establishing a daily quota of at least 34,000 prison “beds” filled by immigration detainees. Quick Notes Some Nice People Use Their Enormous Financial Resources to Help Others “Tech entrepreneur Marc Benioff and his wife, Lynne, have donated $500,000 to support Central American children who have flocked to the U.S. in recent months, one of the largest known financial commitments by an individual to address impacts of the border crisis. The donation by the founder of Salesforce.com Inc., which is to be made public Tuesday, will be used to secure legal representation, trauma counseling and other services for unaccompanied minors who have ended up in California, Ms. Benioff said. “We want to help those kids in whatever way they need help,” Ms. Benioff said in an interview.” – Miriam Jordan, Wall Street Journal, Sept. 29, 2014.

COPYRIGHT BY AUTHOR — 2014 This article is designed to provide accurate and authoritative information in regard to the subject matter covered. It is published and distributed with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. It is submitted for publication by the author with the understanding that each individual case is different, and this article is not a formal legal opinion and should not be relied upon as advice by the author in a particular legal situation. Mr. Gard has been engaged in the practice of immigration law since 1977. He is a frequent writer and lecturer in the American Immigration Lawyers Association and has served that professional organization as a Chapter Chair of the Greater Chicago Chapter, and as a Director. Written questions may be submitted to Mr. Gard. At his discretion, selected questions or issues may be addressed in subsequent articles. Mr. Gard is available for appointments for consultation in immigration law-related matters at the law offices of Immigration Attorneys, LLP, 203 North LaSalle Street, Suite# 1550, Chicago, Illinois 60601, Contact Information (email is the preferred method of contact): e-mail: rgard@immattyllp.com Telephone: (312) 661-9100 ext. 8943; FAX: (312) 661-9021; Our firm has several multi-lingual lawyers engaged in the practice of immigration law, and also has lawyers available for criminal and civil litigation and health care facility/ medical practice and licensing issues. The firm also has offices in Milwaukee (WI), Tampa (FL), and Phoenix (AZ).