Thursday, February 28, 2019

Politico Reports that Michael McCaul is No Longer Being Considered for DHS Secretary

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On September 28, 2017, Andrew Restuccia and Eliana Johnson published a report at Politico on the White House's search for a new Secretary of Homeland Security [link][1]. Elaine C. Duke has been serving as acting Secretary of Homeland Security since the former Secretary, John F. Kelly, left his post to become the White House Chief of Staff at the beginning of July.

The new Politico story states that Texas U.S. Representative Michael McCaul is no longer in contention for the post. McCaul, the Chairman of the House Homeland Security Committee, was believed to be a leading candidate for the post, as we discussed in our last update on the search [see blog]. According to the story, Kelly, who is playing a leading role in the search, “privately raised red flags about McCaul's stance on immigration, which has at times diverged from that of President Donald Trump.” The story noted that in one key disagreement, McCaul was critical of President Trump's travel restrictions on nationals of certain countries and refugees.

The story does not name any specific candidates who are under consideration. However, on September 1, 2017, Restuccia and Johnson reported that Thomas Homan, Rick Perry, James Loy, and Peter King were under consideration in addition to Michael McCaul. At the moment, it seems like the White House is taking a deliberative approach to determine who will be the nominee for Secretary of Homeland Security. We will update the blog with more information as it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

  1. Johnson, Eliana and Andrew Restuccia. “White House 'back to square one' in search for DHS secretary.” Politico. Sep. 28, 2017. Politico.com

Lawyer website: http://myattorneyusa.com

Wednesday, February 27, 2019

ICE Press Release on "Operation Safe City" Arrests

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On September 28, 2017, the U.S. Immigration and Customs Enforcement (ICE) issued a press release on the result of its “Operation Safe City” [PDF version].

The ICE explains that Operation Safe City was a four-day operation that “focused on cities and regions where ICE deportation officers are denied access to jails and prisons to interview suspected immigration violators or jurisdictions where ICE detainers are not honored.” The four-day operation resulted in 498 arrests of individuals in 42 counties for violations of the Federal immigration laws. The ICE stated that it prioritized aliens with criminal convictions. It added that individuals with active Deferred Action for Childhood Arrivals (DACA) were not targeted for arrest.

The acting Director of ICE, Thomas Homan, stated that “sanctuary jurisdictions,” which he defined as those jurisdictions that “do not honor detainers or allow [ICE] access to jails and prisons,” create “a magnet for illegal immigration.” He added that this was the reason that “ICE is forced to dedicate more resources to conduct at-large arrests in these communities.”

ICE summarized the number of arrests by jurisdiction:
  • Baltimore (28)
  • Cook County, Illinois (30)
  • Denver (63)
  • Los Angeles (101)
  • New York (45)
  • Philadelphia (107)
  • Seattle (33)
  • Santa Clara County, California (27)
  • Washington DC (14)
  • Massachusetts (50)

Of the 498 aliens arrested by ICE during Operation Safe City, 317 had criminal convictions. 68 of the aliens were immigration fugitives. 104 of the aliens had been previously deported on criminal grounds. The press release notes that some of the aliens who were previously deported will face criminal prosecution for illegal entry and illegal re-entry after removal. 18 of the aliens were gang members or affiliates. ICE included the following chart breaking down the criminal convictions of the aliens arrested, reproduced for your convenience [see here].

Interestingly, ICE issued a separate press release dedicated solely to summarizing the 45 arrests in New York [PDF version].

First, of the 45 aliens arrested in New York, 30 had criminal convictions. Several of these aliens had been released from criminal custody on active detainer requests before ICE could assume custody of them. 18 of the aliens were known fugitives. Four of the aliens were previously deported from the United States. Finally, 23 of the 45 aliens had outstanding final orders of removal. The following are the details of the criminal histories of eight of the 45 individuals, clipped from the ICE press release for your convenience [see here].

ICE periodically launches substantial operations to arrest aliens for immigration violations or aliens who may be removable due to criminal convictions. Operation Safe City focused on jurisdictions that ICE has determined to be uncooperative with Federal immigration enforcement. Aliens with criminal charges, convictions, or status issues should seek the counsel of an experienced immigration attorney expeditiously. It is always best to be proactive about any issues that may result in adverse immigration consequences. Furthermore, an attorney can advise an individual of his or her rights if he or she comes into contact with Federal immigration enforcement officers. An alien who is detained and is facing immigration charges should consult with an experienced immigration attorney immediately.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

President Trump Nominates Kristjen Nielsen as the New Secretary of Homeland Security

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On October 11, 2017, President Donald Trump announced his intent to nominate Kristjen Nielsen as the next Secretary of Homeland Security [PDF version]. If confirmed, Nielsen will replace the current White House Chief of Staff, John Kelly, who left the post at the beginning of August. The position has been filled, since August, in an acting capacity by the Deputy Secretary of Homeland Security, Elaine C. Duke.

Kristjen Nielsen is currently the White House principal deputy chief of staff, where she has served since Kelly became the Chief of Staff. She had previously served as Kelly's Chief of Staff at the Department of Homeland Security (DHS) for the first half of 2017. Before serving in the Trump Administration, Nielsen served in several important positions during the administration of former President George W. Bush. During the Bush Administration, she served as senior legislative policy director for the Transportation and Security Administration and subsequently as Special Assistant to the President and senior director for prevention, preparedness, and response on the White House Homeland Security Council. The press release notes that, if confirmed, Nielsen will be the first Secretary of Homeland Security to have previous experience in the Department.

Nielsen represents an interesting pick to head the DHS. As indicated above, her background is primarily in national security and cyber security rather than immigration policy. However, it is important to remember that, while we focus almost exclusively on the immigration functions of DHS, the DHS has many functions that do not involve immigration. The selection of Kelly's top deputy at both DHS and in the White House would seem to confirm previous reports that suggested he was playing a leading role in the search for a new Secretary of Homeland Security [see blog]. Assuming Nielsen is confirmed, which is highly likely, her selection will mean that the new Secretary of Homeland Security will have a preexisting working relationship with both President Trump and the White House Chief of Staff.

We will update the site with more information as her nomination begins to work its way through the Senate. While the confirmation hearings may be contentious due to the myriad debates over immigration policy and politics, it seems all but assured that Kristjen Nielsen will eventually be confirmed barring dramatic and unforeseen circumstances. If confirmed, we hope that she proves to be an adroit manager of the vast bureaucracy encompassing both national security and immigration policy at the DHS.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Tuesday, February 26, 2019

DOS Prepares to Merge Consulate-General in Jerusalem With Embassy

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On January 8, 2019, President Donald Trump issued a memorandum for the Secretary of State authorizing him to close the United States Consulate General in Jerusalem and merge its functions into the United States Embassy for Israel. The President's memorandum was published at 84 FR 3961 (Feb. 13, 2019) [PDF version].

President Trump recognized Jerusalem as the capital of Israel on December 6, 2017 [see blog]. That decision reversed the U.S. policy of not recognizing Israel's capital for seven decades. President Trump also provided that the U.S. Embassy in Tel Aviv would be moved to Jerusalem. The Embassy was formally relocated in Jerusalem in May 2018. The President's decision to allow for the closure of the Consulate General in Jerusalem is the next step in centralizing the U.S. Mission to Israel in its new Embassy.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com