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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, June 25, 2015

Obama officials revise immigrant detention policy

Politico
By Seung Min Kim
June 24, 2015

Under fierce pressure from Democratic lawmakers and immigration advocates, the Obama administration said Wednesday that it would take steps to minimize the controversial practice of detaining immigrant women and children who cross the southern border.

But frustrated Democrats are already saying the administration plan doesn’t go far enough.

Homeland Security Secretary Jeh Johnson announced a series of measures intended to limit how long immigrant women and children are held in custody.

“I have reached the conclusion that we must make substantial changes in our detention practices with respect to families with children,” Johnson said Wednesday. Once a family shows they are eligible for asylum, Johnson said detaining them for the long term is “an inefficient use of our resources and should be discontinued.”

Johnson added: “In substance – the detention of families will be short-term in most cases.”
Key House Democrats, who had assembled for a press conference Wednesday to talk about their visit to two immigrant detention facilities in Texas earlier this week, were quick to call DHS announcement insufficient. They and immigration advocates say the immigrant detention centers should be shut down.

Other Democrats weren’t as polite. California Rep. Zoe Lofgren, the top Democrat on the House panel overseeing immigration, argued that regardless of the Obama administration’s new policies, immigrants would still be held in custody in jail-like conditions when they haven’t committed crimes
“In the secretary’s statement, he posed two alternatives: Jail, or you go to the bus stop and disappear,” she said. “The secretary’s a smart guy. He knows those are not the two alternatives.”
The issue of detaining immigrants, particularly women and children, is one of the rare components of immigration policy that has opened a rift between the Obama administration and Democratic lawmakers on Capitol Hill.

A majority of both House and Senate Democrats has signed letters urging DHS to shut down the centers. Democratic presidential candidate Hillary Clinton also brought attention to the issue when she criticized immigrant detention, particularly of children and the mentally ill.

The new policy on detention centers announced by Johnson include several changes. One allows immigrant families who prove that they face “credible or reasonable fear of persecution in their home countries” to be released on bond while they await immigration court hearings. That bond amount, Johnson said, would be “reasonable and realistic.”

Another change requires immigration officials to do interviews with immigrants who could qualify for asylum in a “reasonable time frame” – a change that Johnson indicates is meant to shorten how long immigrant families could be detained.

Kevin Appleby, the director of migration policy for the U.S. Conference of Catholic Bishops, said the DHS’s new measures were policies that should have already been in place, calling the new steps “backtracking.”

Still, the announcement Wednesday was a notable shift for the administration. After last summer’s border crisis – in which tens of thousands of immigrants, particularly unaccompanied children, arrived at the U.S.-Mexico border – top officials said the detention facilities were needed to deter immigrants from trying to cross the border illegally.

Key House Democrats are meeting with Johnson at the Capitol on Wednesday afternoon to discuss the changes.


“For an administration … that has been very conscientious on many major American issues — whether it’s been ending ‘don’t ask don’t tell,’ pushing for marriage equality, whether it’s been making sure that every American has the ability to afford health care — we would ask the administration to also be conscientious in this realm and finally close these detention camps,” Rep. Joaquin Castro (D-Texas) said.

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