COVID-19 UPDATE. Part 1. Trump Administration Limits on Travel Worldwide.

COVID-19 UPDATE.  Part 1. Trump Administration Limits on Travel Worldwide.

As the pandemic has grown, the Administration has gradually limited visas and travel from other parts of the world:

•      On January 31st, the Trump Administration shut down travel to the U.S. from China; 
•      On February 29^th, the Administration extended that ban to Iran;
•         Then in mid-March, the Administration extended that ban to most of Europe: closing off travel from most of the continent with exceptions made for U.S. citizens, permanent residents and their family members;
•         All persons not affected by the travel restrictions, arriving from travel-restricted countries into designated airports, are being requested to self-quarantine for 14 days upon arrival to their final destinations;
•          Starting March 20, the U.S. borders with Mexico and Canada were closed to all non-essential travel; for more details, see Part Two of these updates.

·       Also in March, the US Department of State issued a Level 4 (“Do Not Travel”) advisory for all international travel.  This advises US citizens not to travel at all internationally, and if they’re outside the US, they should arrange for immediate return back home, unless they are prepared to remain abroad for an indefinite period.

For more specific information on this subject, please review the information and links below:

March 17, 2020

On March 17, 2020, DHS issued an updated Fact Sheet for notice of travel restrictions as a result of COVID-19. The U.K. and Ireland have been added to the list of countries with travel restrictions into the United States. Additionally, the list of designated airports where Americans will be allowed to fly into, effective 11:59 pm (ET), March 13, 2020, now include Boston-Logan International Airport (BOS), Massachusetts and Miami International Airport (MIA), Florida. All persons not affected by the travel restrictions, arriving from travel-restricted countries into designated airports, are being requested to self-quarantine for 14 days upon arrival to their final destinations.

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March 12, 2020

President Trump has issued three proclamations in recent weeks suspending the entry into the United States, as immigrants or nonimmigrants, of individuals who were physically present within the Schengen Area, the Islamic Republic of Iran, and the People’s Republic of China during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions. This practice alert outlines the scope of each of these proclamations. AILA members can read the full text of these proclamations on AILA’s Featured Issue Page: https://www.aila.org/advo-media/issues/all/covid-19

Schengen Area

On March 11, President Trump issued a proclamation, effective 11:59 pm (ET), March 13, 2020, that with some exemptions, suspends and limits the entry into the United States, as immigrants or nonimmigrants, of individuals who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States. The proclamation will remain in effect until terminated by the President.

During an address to the nation on Wednesday night from the Oval Office, President Trump stated that this suspension will remain in place for at least 30 days in an effort to stop the spread of the coronavirus. It has since been reported by some media outlets that the President has indicated that it is possible that the suspension could extend beyond, or end before, the 30 days.

For purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The suspension and limitation on entry of this proclamation does not apply to:

·       persons aboard a flight scheduled to arrive in the United Sates that departed prior to 11:59 pm (EST) on March 13, 2020;

·       any lawful permanent resident (LPR) of the United States;

·       any alien who is the spouse of a U.S. citizen or LPR;

·       any alien who is the parent or legal guardian of a U.S. citizen or LPR, provided that the U.S. citizen or LPR is unmarried and under the age of 21;

·       any alien who is the sibling of a U.S. citizen or LPR, provided that both are unmarried and under the age of 21;

·       any alien who is the child, foster child, or ward of a U.S. citizen or LPR, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

·       any alien traveling at the invitation of the U.S. Government for a purpose related to containment or mitigation of the virus;

·       any alien traveling pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the U.S. as air or sea crew;

·       any alien (A) seeking entry into or transiting the U.S. pursuant to one of the following visas: A-1, A2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

·       any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

·       any alien whose entry would further important U.S. law enforcement objectives, as determined by the Secretary of State, Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

·       any alien whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Homeland Security, or their designees; or

·       members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

Please note that two other presidential proclamations restricting travel to the United States based on concerns regarding the transmission of the 2019 Novel Coronavirus remain in effect:

Islamic Republic of Iran

On February 29, President Trump issued Proclamation 9992 suspending and limiting the entry of all individuals who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.This proclamation is in effect as of Monday, March 2.

This proclamation does not apply to U.S. citizens or lawful permanent residents of the United States. Foreign diplomats traveling to the United States on A or G visas are excepted from this proclamation. Other exceptions include certain family members of U.S. citizens or lawful permanent residents, including spouses, children (under the age of 21), parents (provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21). There is also an exception for crew traveling to the United States on C, D or C1/D visas.

People’s Republic of China

On January 31, 2020, President Trump issued Proclamation 9984 suspending and limiting the entry of all individuals who were physically present in the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.The proclamation is in effect as of Sunday, February 2.

This proclamation does not apply to U.S. citizens or lawful permanent residents of the United States. Foreign diplomats traveling to the United States on A or G visas are excepted from this proclamation. Other exceptions include certain family members of U.S. citizens or lawful permanent residents, including spouses, children (under the age of 21), parents (provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21). There is also an exception for crew traveling to the United States on C, D or C1/D visas.

For more information about the Presidential Proclamation impacting travel from the People’s Republic of China, please see Practice Alert: Coronavirus Impact on Individuals Seeking Entry into the United States After Travel in China and on U.S. Consular Processing in China.

Designated U.S. Airports to Receive Flights with Recent Travelers to China or Iran

Per instructions issued by DHS for inbound flights with individuals who have been in China and Iran, the Department of Homeland Security, in coordination with the Transportation Security Administration, Center for Disease Control, and airlines, has directed all such flights to the United States to eleven airports, where health protocols have been implemented to account for treatment and handling of individuals who might have contracted the virus. Those returning from the Schengen nations may also be routed to these 11 airports. These airports include:

·       John F. Kennedy International Airport (JFK) in New York

·       Chicago O’Hare International Airport (ORD) in Illinois

·       San Francisco International Airport (SFO) in California

·       Seattle-Tacoma International Airport (SEA) in Washington

·       Daniel K Inouye International Airport (HNL) in Hawaii,

·       Hartsfield-Jackson Atlanta International Airport (ATL) in Georgia

·       Newark Liberty International Airport (EWR) in New Jersey

·       Dallas/Fort Worth International Airport (DFW) in Texas

·       Detroit Metropolitan Airport (DTW) in Michigan

·       Los Angeles International Airport (LAX) in California, and

·       Washington-Dulles International Airport (IAD) in Virginia

UPDATE ON COVID-19 AND IMMIGRATION POLICY.

UPDATE ON COVID-19 AND IMMIGRATION POLICY.  

In an attempt to update our clients and colleagues on evolving changes in immigration policy, law and procedure in response to COVID-19, we’ll be providing updates on our Facebook page (https://www.facebook.com/Kerosky.Purves.Bogue/).  These will cover interim policies by the Department of Homeland Security (ICE, CIS, CBP), the Immigration Courts (EOIR) and other departments of the Trump Administration.

In each case, more details on each subject can be found on our blog (English) https://www.blogger.com/blogger.g?blogID=2703305973287682389#allposts

And (Spanish): https://www.blogger.com/blogger.g?blogID=6259469893665134068#allposts/src=sidebar

HOW TO FIGHT YOUR DEPORTATION, Part Two

HOW TO FIGHT YOUR DEPORTATION, Part Two

In the first segment of this series, I discussed what to do if you are arrested by Immigration (ICE).  In short, don’t sign anything and you will likely be able to fight your deportation in court. 

Once you tell ICE that you want a court hearing, you also can ask for your release on bond, so you can be reunited with your family while your case moves forward.  Below, I will explain how to convince the immigration judge that you deserve to be free on bond, to make the bond as low as possible, and to get the bond paid and get out of immigration custody.

How is the bond set.

If a person is detained but eligible for bond, the government will often set an initial bond amount.   ICE under the Trump Administration has been setting bonds higher than in previous administrations or often dismissing deportation cases altogether.  We can expect that ICE under Trump will set bonds at $10,000 or higher, even for immigrants without any real criminal record.  But this can be lowered by an immigration judge.

In most cases, you have the right to ask the immigration court for a bond re-determination hearing.  The immigration court will then consider the arguments you make and often lower the bond set by ICE.

In setting the amount of bond, the judge will look at a number of criteria.  The most important criterion is whether the person is a “flight risk”; that is, whether he would likely come back to court if released.  In making that decision, the judge will consider factors which tend to show good moral character on the part of the individual held.  These factors include:

• Relatives in the United States: does the person have relatives here who are in legal status?  Do they have a citizen or permanent resident spouse or child?

• Employment: does the person have a regular job and income?

• A residence: does the person have a place to live if released?

• Immigration Court History: Has the person ever failed to show up in court on any of his prior criminal or immigration cases? Can they show the judge that they always went to court when required to do so in the past?

• Tax Records: has the person paid his taxes in the U.S.?

• Eligibility for Relief:  What immigration status does the person qualify for?  Do they have an immigrant petition filed by a relative?  Or can one be filed? Do they have a credible argument that they would fear persecution in their home country?  Do they qualify for some other status here?

How to Pay the Bond.

Once the bond is set, a relative or friend can post the bond if they can show that they are a U.S. citizen or lawful permanent resident.   That person must agree to be responsible for ensuring that the person attends any immigration hearing or interview whenever requested to do so.

The person posting the bond will need to know the last name of the person in ICE custody and their “A” number--the case number which begins with A followed by 9 numbers.   The bond can be paid with a cashier’s check from a bank, or a money order – not by cash or personal check. 

In San Francisco, the person paying the bond must present the money in person at the immigration office located at: 630 Sansome Street, 5^th Floor.  Hours are: Monday – Friday, 8:00am to 3:00pm.

If you pay the bond directly to the government, the bond money will be returned to your family only when your court case is completed and only if you have complied with the court’s order, even if that order is to leave the country.

Next post on this topic will deal with how to fight and possibly win your deportation case in the Immigration Court.

************************************************************************

CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law over 25 years and has been recognized as one of the top immigration lawyers in Northern California for 10 years by “Super Lawyers”.   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.

KNOW YOUR RIGHTS AS AN IMMIGRANT.

KNOW YOUR RIGHTS AS AN IMMIGRANT.

Part 1: What to do if confronted by ICE

By Christopher A. Kerosky

          Once again, Donald Trump has declared his intention to start raids against our immigrant communities.  Immigration and Customs Enforcement (“ICE”) has formulated a plan to find and deport thousands of immigrants, and announced that it will be implemented starting this weekend. 

I’ve written the detailed description below as a guide for immigrants as to their legal rights and remedies when confronted by ICE.  Para leer en espaňol: https://kpbinmigracion.blogspot.com/2019/07/conozca-sus-derechos-ante-el-servicio.html

Part 1 covers what to do if ICE comes to your home. Part 2 of this article covers what to do if ICE comes to your workplace or approaches you on the street.   Part 3 discusses what steps to take if ICE takes you into custody.

          At your house

          ICE can enter your home in three situations: (1) if they have a warrant; or (2) if you give them permission; or (3) they think there is presently a crime being committed in your home.  If ICE comes to your house and knocks on your door, you do not have to open the door or let them in. Typically, to legally enter your home, ICE must have a search warrant or arrest warrant with your name and address on it.  A warrant is an order signed by a judge to search a place and/or arrest a person. 

If ICE comes to your home, you should ask to see a warrant. ICE must show you the warrant. If the officials do not have a warrant, you do not have to let them in or speak to them at all.  However, if you give them permission to come in, then they can legally enter your home and search it.

         The right to remain silent

          Whether ICE comes to your house and knocks on your door, enters your workplace, or even questions you in jail, you have the right to remain silent.  In other words, you do not have to provide your citizenship information to Immigration Service officials. You can just indicate that you do not want to speak to them. 

          An immigration official may not request evidence of your immigration status in your home or another private place without a warrant. Even if they have a warrant, you must only provide proof of your immigration status if you are in legal status. After showing evidence of your status, you still have the right to remain silent.

         The right to speak to an attorney

         

          Once you have shown evidence of your legal status, if you have it, you do not have to talk to officers further – it is up to you. In most cases, you may be better off remaining silent and talking to a lawyer first, depending on your situation. This is your right under the law.  If the Immigration Service asks anything about your political and religious beliefs, groups you belong to or contribute to, things you have said, where you have traveled or other questions that do not seem right, you do not have to answer them.

HOW TO FIGHT YOUR DEPORTATION. Part One: What to do if you are arrested by ICE?

HOW TO FIGHT YOUR DEPORTATION.

Part One: What to do if you are arrested by ICE.

Yet again, Donald Trump has promised to start deportation raids against our immigrant communities.  It is important that people know they have the right to defend themselves and fight their deportation in court.  In many cases, it can result in an immigration judge deciding that the immigrant can stay in this country and even obtain permanent residence. However, if they accept their removal, they are typically barred from the U.S. for 10 years or more.

This series of articles will cover what an immigrant can do if they or their family member is arrested and put into deportation proceedings. 

Part 1: The Important Things to Know if you or your family member is taken by ICE.

Many people believe that if they are undocumented and arrested, then they have no choice but to go home.  That is simply not the case.  With skillful and thoughtful representation, many undocumented immigrants can successfully avoid deportation.

It is very important that undocumented immigrants and their families know what to do in this situation.  The important thing is not to sign any document which agrees to your deportation or voluntary departure.  Instead, get legal advice and it is very often the case that you can get bonded out of custody very soon.

How does one get a family member out of ICE custody once they’ve been taken? The answer to this question depends upon the situation.  The government is required to hold non-citizens in jail if they were convicted of certain very serious criminal charges.  If he was not convicted of any crime or if it was a misdemeanor crime, then usually the person can be “bonded” out of jail if the bond set by the court is paid.  The amount of the bond varies significantly depending upon the judge and the facts of the case.  The best thing is to get your relative out of jail, if you can, and then hire a lawyer to protect his rights in court. 

Even if the relative is bonded out of jail, he will be required to go to immigration court and explain to the judge will he should not be deported.  If you ignore the court case once he is bonded out, a deportation order will be issued by the court, the bond money will be lost, and he will probably lose any chance of ever becoming legal in the United States.

It is often possible to proceed with a claim for relief in court, such as cancellation of removal, asylum, adjustment of status, or other claims.  These arguments apply in many situations where the undocumented person arrested has family here legally or has been a victim of a crime, or a victim of domestic violence, or can prove that he would be harmed if he is returned to his home country. 

These will be covered in subsequent segments of this series.

HOW TO FIGHT YOUR DEPORTATION, Part Two

In the first segment of this series, I discussed what to do if you are arrested by Immigration (ICE).  In short, don’t sign anything and you will likely be able to fight your deportation in court. 

Once you tell ICE that you want a court hearing, you also can ask for your release on bond, so you can be reunited with your family while your case moves forward.  Below, I will explain how to convince the immigration judge that you deserve to be free on bond, to make the bond as low as possible, and to get the bond paid and get out of immigration custody.

How is the bond set.

If a person is detained but eligible for bond, the government will often set an initial bond amount.   ICE under the Trump Administration has been setting bonds higher than in previous administrations or often dismissing deportation cases altogether.  We can expect that ICE under Trump will set bonds at $10,000 or higher, even for immigrants without any real criminal record.  But this can be lowered by an immigration judge.

In most cases, you have the right to ask the immigration court for a bond re-determination hearing.  The immigration court will then consider the arguments you make and often lower the bond set by ICE.

In setting the amount of bond, the judge will look at a number of criteria.  The most important criterion is whether the person is a “flight risk”; that is, whether he would likely come back to court if released.  In making that decision, the judge will consider factors which tend to show good moral character on the part of the individual held.  These factors include:

• Relatives in the United States: does the person have relatives here who are in legal status?  Do they have a citizen or permanent resident spouse or child?

• Employment: does the person have a regular job and income?

• A residence: does the person have a place to live if released?

• Immigration Court History: Has the person ever failed to show up in court on any of his prior criminal or immigration cases? Can they show the judge that they always went to court when required to do so in the past?

• Tax Records: has the person paid his taxes in the U.S.?

• Eligibility for Relief:  What immigration status does the person qualify for?  Do they have an immigrant petition filed by a relative?  Or can one be filed? Do they have a credible argument that they would fear persecution in their home country?  Do they qualify for some other status here?

How to Pay the Bond.

Once the bond is set, a relative or friend can post the bond if they can show that they are a U.S. citizen or lawful permanent resident.   That person must agree to be responsible for ensuring that the person attends any immigration hearing or interview whenever requested to do so.

The person posting the bond will need to know the last name of the person in ICE custody and their “A” number--the case number which begins with A followed by 9 numbers.   The bond can be paid with a cashier’s check from a bank, or a money order – not by cash or personal check. 

In San Francisco, the person paying the bond must present the money in person at the immigration office located at: 630 Sansome Street, 5^th Floor.  Hours are: Monday – Friday, 8:00am to 3:00pm.

If you pay the bond directly to the government, the bond money will be returned to your family only when your court case is completed and only if you have complied with the court’s order, even if that order is to leave the country.

Next post on this topic will deal with how to fight and possibly win your deportation case in the Immigration Court.

************************************************************************

CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law since 1984 and has been recognized as one of the top immigration lawyers in Northern California for 7 years by “Super Lawyers”.   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.

Why Sanctuary is Important

By Christopher A. Kerosky

[This article was published in the May issue of  SONOMA COUNTY GAZETTE]

https://www.sonomacountygazette.com/sonoma-county-news/immigrant-stories-why-sanctuary-is-important-by-christopher-kerosky-may-2018

Between 2006 and 2013, hundreds of our neighbors in Sonoma County, California were arrested by our Sheriff’s Department, even though they were guilty of no serious crimes.  Some were stopped because of a traffic violation or a broken headlight.  Because they did not have a driver’s license, they were then handcuffed, jailed and detained sometimes indefinitely.  Their cars were often impounded.  In many cases, they were charged only with driving without a license or other misdemeanors; sometimes no charges were filed at all.  Yet they were not allowed to go free, even if they paid a bond.

After up to 48 hours of incarceration in our county jails, these Sonoma County residents were handed over to the Immigration and Customs Enforcement (ICE) to commence their deportation from the United States.  They were often young, sometimes students in college or even high school.  Others were young mothers or fathers, with small children at home.  Sometimes they were driving their children to school or coming home from work. 

Our Sheriff at the time claimed he had no choice under the law but to arrest, detain and transfer these neighbors of ours for deportation.  Many were removed from the U.S. as a result, leaving behind U.S.-born children, spouses and extended family.

I can tell you this happened because I represented hundreds of them in deportation court.  I saw the way this County policy devastated many families in our community.  This occurred to hundreds of thousands of immigrants in counties throughout California and across the country.

Why did this happen?  Because our County participated actively in the Secure Communities Program run by ICE back then, and now revived under Trump. 

What stops this from happening today?  Our state and county sanctuary policies. Nothing more.

Sanctuary is a good thing.

With the Trump Administration’s constant drumbeat of verbal attacks, financial sanctions and lawsuits against sanctuary communities, many in our state are questioning whether “sanctuary” is a good thing.   As someone who has seen the trauma that our prior policies caused immigrant families here, I can tell you: sanctuary is a good thing.   

It’s vital that we don’t return to the days when thousands of our state residents were rounded up and deported; to when just driving to the store or the school created serious risk for undocumented immigrants.

WHAT TO DO IF YOU ARE ARRESTED BY ICE. Part One. 

by Christopher Kerosky, Esq.

ICE has promised to target California for raids on undocumented immigrants.  It is important that people know they have the right to defend their deportation in court.  In many cases, it can result in an immigration judge deciding that the immigrant can stay in this country and even obtain permanent residence. 

I have written a series of articles about what an immigrant can do if they or their family member is arrested and put into deportation proceedings.  This is Part 1; it covers what to do after you are taken into custody by ICE, how to get out of custody and how to defend your deportation in court. 

The Important Things to Know if you or your family member is taken by ICE.

Many people believe that if they are undocumented and arrested, then they have no choice but to go home.  That is simply not the case.  With skillful and thoughtful representation, many undocumented immigrants can successfully avoid deportation.

It is very important that undocumented immigrants and their families know what to do in this situation.  The important thing is not to sign any document which agrees to your deportation or voluntary departure.  Instead, get legal advice and it is very often the case that you can get bonded out of custody very soon.

How does one get a family member out of ICE custody once they’ve been taken? The answer to this question depends upon the situation.  The government is required to hold non-citizens in jail if they were convicted of certain very serious criminal charges.  If he was not convicted of any crime or if it was a misdemeanor crime, then usually the person can be “bonded” out of jail if the bond set by the court is paid.  The amount of the bond varies significantly depending upon the judge and the facts of the case.  The best thing is to get your relative out of jail, if you can, and then hire a lawyer to protect his rights in court. 

Even if the relative is bonded out of jail, he will be required to go to immigration court and explain to the judge will he should not be deported.  If you ignore the court case once he is bonded out, a deportation order will be issued by the court, the bond money will be lost, and he will probably lose any chance of ever becoming legal in the United States.

It is often possible to proceed with a claim for relief in court, such as cancellation of removal, asylum, adjustment of status, or other claims.  These arguments apply in many situations where the undocumented person arrested has family here legally or has been a victim of a crime, or a victim of domestic violence, or can prove that he would be harmed if he is returned to his home country. 

These will be covered in subsequent segments of this series.