tel: (347) 410- 5312 web: www.blackimmigration.net email: info@blackimmigration.

net

MEMO ON ADMINISTRATIVE RELEIF FOR
BLACK COMMUNITY MEMBERS

Immigrant rights are a matter of racial justice. Black immigrants from Africa and
the Caribbean make up approximately 10% of the foreign-born population in the
U.S. Studies have shown that black immigrants are detained and deported at
five times the rate of their presence in the undocumented immigrant community.
While our broken immigration system continues to adversely impact all
immigrant communities, black immigrants often remain overlooked and
excluded from the immigration discourse.

The Black Immigration Network renews its call for a fair, just and inclusive
immigration system, which ensures that black immigrants are treated humanely
and fairly and can bring all their contributions and talents to strengthen our
culture, economy and communities. The President has broadalthough not
absoluteexecutive authority to set enforcement priorities, stop unjust
deportations and mitigate some of the harshest effects of our broken
immigration system on black immigrant communities. We understand that any
administrative relief via executive action is temporary and could be reversed by
a subsequent administration. Only immigration legislation can provide a
permanent solution and a path to legal status and deserved citizenship for the
more than 11 million unauthorized immigrants in the U.S. including 500,000 of
which are black immigrants. However, the Obama Administration has the legal
and moral authority to prevent more immigrants from suffering the
consequences of Congress political inaction.

BIN proposes several critical priorities for administrative reform. Under their
existing authority, the Department of Homeland Security (DHS) and the
Department of Justice (DOJ) can implement several immediate steps to prevent
discrimination and human rights violations, reduce family separation, and
mitigate the destructive impact of mass deportations on our communities. The
following proposals are not exhaustive and are not recommended as
alternatives to one another, as each is required to ameliorate the harm caused
by the current detention and deportation policies.


No Deportation: Deportation is a draconian practice the adversely impacts
families. The impact is not only emotional, but causes sever economic hardships
that impact entire communities. Moreover, nearly 70% of immigrants deported
in fiscal year 2013 were deported through summary removal procedures,
including expedited removal and reinstatement of removal, without the benefit of
a fair hearing before an immigration judge. More than 65% of these removals
were of individuals who were convicted of misdemeanors, such as traffic


tel: (347) 410- 5312 web: www.blackimmigration.net email: info@blackimmigration.net

violations, or individuals with no criminal history. All immigrants deserve due
process regardless of whether they have a criminal history. At minimum the
Administration should: 1) require that all individuals facing removal be given in-
person hearings before an immigration judge 2) eliminate the use of expedited
removal, including expedited removal of people captured at a port of entry or
while trying to enter, and 3) create an administrative appeal process for
individuals to challenge an expedited or stipulated removal order, visa waiver
removal order, or voluntary departure or any removal procedure.

End Profiling: Immigrants should never face incarceration, detention or
deportation as a result of racial, ethnic, or national origin profiling. The
Administration should revise the misguided 2003 Department of Justice
Guidance Regarding the Use of Race by Federal Law Enforcement Agencies,
which contains massive exceptions that promote profiling in border
communities and anywhere that a national security justification can be alleged.

End Biased State and Local Immigration Enforcement and Detention: U.S.
Immigration and Customs Enforcement (ICE)s collaboration with state and local
law enforcement agencies for the enforcement of immigration law, via 287(g)
agreements and Secure Communities, the use of detainers, and other ICE
programs incentivize profiling, undermine community policing, violate civil rights
and threaten public safety. Although, the Administration has taken preliminary
steps to eliminate the use of 287(g) enforcement models, the 287(g) jail model
still presents significant human rights concerns.

The widespread use of private, for-profit jails combined with mandatory
detention laws contribute to system-wide human rights violations. To reduce the
harm caused by detention, the Administration should support DHS Secretary
Johnsons interpretation that the detention bed quota in recent appropriations
bills is not a mandate to indiscriminately fill those beds. Additionally, the
Administration should require a bond hearing for anyone detained and shift
resources from institutional detention to more humane less expensive
alternatives to detention.

Stop Initiating Removal Proceedings against Legal Permanent Residents:
The Administration should end the deportation of legal residents on the basis of
offenses that occurred years ago, especially where the crime was not a
deportable offense at the time that it was committed. Lawful permanent
residents often face deportation based on conduct that occurred decades ago,
sometimes for offenses that would not have made them subject to deportation
at the time. There should be a statute of limitations of 1 year for initiating
removal proceedings based on old conduct.

Grant Administrative Relief Policies to Every Immigrant: Administrative relief
must be as broad as possible to ensure families can remain together and must


tel: (347) 410- 5312 web: www.blackimmigration.net email: info@blackimmigration.net

be flexible enough to recognize their work and contributions, regardless of proof
of employment or educational attainment requirements.

Deferred Action for Childhood Arrivals (DACA) policy, should be improved to
eliminate unnecessary cut-offs that deprive many deserving immigrants of relief.
(For example, DACA currently excludes immigrants who have been in the U.S.
since they were young but who were born before June 15, 1981 which has the
unjust effect of excluding immigrants who have been in the country the longest.
Further, less than 1.7% of all approved DACA applicants are from the Caribbean
and less than 1.0% are from Africa.) Accordingly, DHS should also create
additional administrative relief programs, more responsive to black immigrants,
through which individuals could apply for protection from deportation on a case-
by-case basis. Such a program would allow all those who have family,
employment, community, business, and other ties to the U.S. to remain here
without the threat of deportation. In order to be successful, such a program
would have to be implemented as quickly and broadly as possible.

Improve Existing DHS Policies Governing Prosecutorial Discretion: The
Administration should expand the option of prosecutorial discretion to all of DHS
not just ICE and prosecutorial discretion should be presumptively granted to
children, spouse and parents of U.S. citizens; lawful permanent residents; and
those with temporary statuses including, but not limited to DACA and
Temporary Protected Status (TPS) recipients; individuals who have resided in
the U.S. for at least the last 1 years; and individuals for whom removal would
cause significant personal or family hardship.

End Unjust Worksite Enforcement Policies: Immigration enforcement
practices should never be used to silence or thwart immigrants ability to
advocate for their labor or civil rights. The Administration should prohibit civil
immigration or criminal arrests or detention of workers in the context of
workplace enforcement actions and prevent employers from abusing I-9 or
electronic verification procedures to violate workers rights.

Address the Mounting Backlogs in the Family Immigration System: The
Administration should address the mounting backlog in the family immigration
system by paroling into the U.S. family members of U.S. citizens and legal
permanent residents who have had immigration applications filed on their
behalf. Millions of individuals have applied to be reunited with their families and
are needlessly ensnared in the family immigration backlogmany waiting as
long as decades for visas to become available. Nearly 110,000 Haitians are
beneficiaries of family-based immigrant visa petitions which the DHS has
already approved but who remain on waitlists of up to more than 12 years in
Haiti. The Administration should create a Haitian Family Reunification Parole
Program. Paroling these individuals into the U.S. as they await the processing of
their visas promotes family unity and stability.