Wondering What These ICE “Check-Ins” Are That Are Getting People Deported?

To read the press of late, you might think that every undocumented immigrant in the country regularly checks into an office of Immigration and Customs Enforcement (ICE). The news aspect of this is that such check-ins are increasingly leading to the person’s deportation (removal) from the United States.

Anyone following the news reports has probably seen statements like these:

  • “In cities like New York and Baltimore, fear of ICE check-ins—which once felt customary for non-violent undocumented immigrants—are now causing waves of apprehension.” (The Chicagoist, April 18, 2017.)
  • “. . . numerous faith-based groups, immigration activists . . . and local politicians rallied in support of Ragbir during his “check-in” with ICE . . . What had been fairly routine in past years now seemed ominous. Ragbir, like dozens of others every day, did not know when he entered the Lower Manhattan building if he would see his family again.” (The Villager, March 27, 2017.)
  • “Immigrants—many of whom have lived and worked in the country for decades—have been arrested at home, at work, and at routine check-ins with ICE officials.” (Mother Jones, March 14, 2017.)

All these reports do a good job at conveying the fact that something that was once routine is now a frightening gamble and often a direct pathway to departure from friends, family, and job.

What they don’t convey as well is that the “routine” aspect applies only to a limited number of individuals; in some ways, the cream of the crop. Most of them are people who happened to have been caught up in the immigration system in the past and were specifically and individually deemed low priorities for deportation.

First, a bit of history. Immigration enforcement authorities in this country have rarely if ever received the amount of funding from Congress they’d like. So, they use “prosecutorial discretion” to pick and choose who to try to deport.

Past administrations focused on removing people who had criminal records or presented security risks. Lowest on the priority list were productive members of society who had lived here for a long time with no criminal records and who had family, community, church, employment, and other ties.

Deciding who is and who isn’t a high priority is not a casually made decision. In many cases, an undocumented immigrants who got arrested by ICE had to  supply extensive documentary evidence of their U.S. ties and good character before ICE would agree to stop pressing forward with their case.

If successful, the undocumented person didn’t obtain the same rights as, say, a green card holder. They were put into a sort of limbo status. Efforts to remove them were put on hold, on the condition that they continue to keep up their high standards of behavior and check in with ICE on an annual basis. The threat of removal is and was always there.

So, it’s only minority of undocumented immigrants in the U.S. who are required to check in with ICE. For Americans who advocate the deportation of every last immigrant in the U.S., the natural conclusion is, “Well, arresting them at their check-ins is at least a starting point.”

But immigration advocates point out the absurdity of Trump claiming that his administration would focus on deporting “bad hombres,” then turning around and deporting the people lowest on the enforcement priority list–the people who were already known to the authorities, and being tracked and monitored. For now, anyway. Because, as John Amaya, former deputy chief of staff at ICE under President Obama, told WNYC News, “I don’t think they want to be detaining individuals–bringing them in during the regular check-ins only to detain them and remove them–because then no one’s going to be reporting. . . It would be a huge burden, and I think that’s why we want to make sure people do report and trust law enforcement.”

Undocumented Parents in U.S. Face Reality of Possible Separation

One of the more popular new articles on Nolo’s website is called “Arrest by ICE: How Can I Arrange to Protect My Child in the Event of Deportation?

The reason is obvious: Statements and order by Trump Administration officials express hostility toward the entire U.S. undocumented population, and recent actions by officers of Immigration and Customs Enforcement (ICE) indicate that it has wasted no time in acting upon this new mandate.

By way of background, the Obama administration also deported large numbers of undocumented immigrants–so many that President Obama was dubbed “Deporter-in-Chief” by immigration advocates.

But it also sought to conserve ICE resources by setting clear priorities: Undocumented immigrants with close family and community ties were to be largely left alone, so that ICE’s limited energies could be directed toward people who had committed crimes or were deemed to be security risks.

That set of priorities, and the predictability that came with it, is essentially gone. Thus we hear news reports of, for example:

  • U.S. citizen children watching as their mother, who has lived in the U.S. for 21 years, is taken away in an ICE van.
  • Deportation of another mother of U.S. citizen children, in the face of Mexican government protests that she had no criminal record and the action thus violated U.S. norms for deportation.
  • Deportation of a young man who was under the protection of Deferred Action for Childhood Arrivals (DACA) and detention of another DACA-holding young man.
  • Arrest of a young undocumented woman who spoke out publicly about the raids that picked up her father and brother.

Some have wondered whether the media is highlighting the most dramatic cases and fomenting fear, The Washington Post ran the numbers, however, and found that arrests of noncriminal undocumented persons have doubled under Trump.

Undocumented parents of U.S. citizen children would do well to at least discuss what their emergency plan is and, as the Nolo article explains, “make specific arrangements to ensure their children will be cared for in the event of deportation.”

Seventh Circuit Rules: Sexual Orientation Discrimination Illegal Under Title VII

Earlier this week, the U.S. Court of Appeals for the Seventh Circuit became the highest court in the country to rule that sexual orientation discrimination is illegal under Title VII of the Civil Rights Act of 1964. While Title VII does not explicitly include sexual orientation as a protected class, the court held that discriminating on the basis of sexual preference is a form of gender stereotyping that qualifies as illegal “sex” (or gender-based) discrimination.

Title VII has long prohibited employers with 15 or more employees from discriminating on the basis of certain characteristics, such as sex. Over the years, some courts have expanded the definition of what qualifies as sex discrimination. For example, the Supreme Court has held that same-sex harassment is illegal (a man harassing another man, or a woman harassing another woman).  And some federal circuit and district courts have held that discrimination based on gender stereotypes—such as a woman not being feminine enough or a man being too effeminate—qualifies as illegal sex discrimination.

Based on these legal precedents, the Equal Employment Opportunity Commission (EEOC) has started to pursue claims against employers for discriminating against gay and lesbian employees. However, the EEOC’s interpretation is not authoritative, and not all courts agree that sexual orientation discrimination is prohibited by Title VII.

The U.S. Court of Appeals for the Seventh Circuit recently sided with the EEOC, holding that sexual orientation discrimination is a form of illegal sex discrimination until Title VII. This decision is contrary to the recent holdings of the Eleventh and Second Circuits, which decided that sexual orientation discrimination is not illegal under Title VII. As a result, there is now a split of authority among federal appeals courts—which could mean that the issue will make its way up to the Supreme Court.

Several states and cities already expressly prohibit sexual orientation discrimination. To learn more, see our state articles on employment discrimination.

Put a Marble in Your Pocket Before Attending Open Houses!

Spring open house season is in full swing, with homes freshened up and blooming with as many colors as you’ll see outdoors. In all the excitement, however, there’s a home defect that’s all too easy to overlook–but requires major work to fix.

I’m talking about sloping floors. Just this weekend, I visited a beautiful Arts and Crafts style home from the 1920s, which met most of the marketing copy’s promises of having been “lovingly restored.”

But I got a funny, tipsy feeling while walking toward the corners, and no, I hadn’t had any mimosas with my brunch. The more I looked and walked, the more it became obvious that the floors sloped. Still, I would have loved a way to test how serious the problem was.

That’s where the marble comes in. Set it on the ground and see how fast it rolls in a particular direction. If you really want to plan ahead, bring a level.

A marble that speeds along at high pace is a sign of real trouble: perhaps a subsiding foundation or sagging joists or some other equally expensive-to-fix problem.

At the very least, if you love the home, you’d want to include an inspection contingency with your offer, and make sure the inspector you hire is either qualified to evaluate the situation or can tell you what sort of engineer or other professional has the right qualifications.

EEOC Offers New Online System for Discrimination & Harassment Charges

Last week, the Equal Employment Opportunity Commission (EEOC) launched a new online tool to help employees who are considering filing discrimination or harassment charges. The Online Inquiry and Appointment System is available in five EEOC locations to start, with the goal of making it available nationwide by late 2017.

Filing an EEOC claim is a long-standing prerequisite to filing a discrimination or harassment lawsuit under federal law. Historically, the claims filing process has been initiated in person, by mail, or by phone. An EEOC representative would then contact the employee for an intake interview and draw up a formal charge for the employee to sign.

Employees can now get the process started online if they live within 100 miles of one of the following five cities: Charlotte, Chicago, New Orleans, Phoenix, and Seattle. They can use the system to submit an online inquiry and schedule an intake interview by phone or in person. Employees who don’t live near these five cities can still use the online tool to determine whether they have a potential claim and mail in an intake questionnaire. Either way, the employee typically must sign a formal charge drafted by the EEOC in order to complete the process.

The EEOC anticipates that the online tool will make it easier for employees to file claims and streamline the claim filing process. The EEOC also hopes that the system will cut down on administrative time. The EEOC reports that less than half of current inquiries lead to formal charges because they don’t meet the legal requirements. The online tool helps weed out claims that don’t fall under the EEOC’s jurisdiction—for example, because the type of discrimination is not illegal under federal law or because the employer is too small. To learn more, visit the EEOC’s Online Inquiry System page.