USCIS to End Special Humanitarian Parole Program for Haitian Orphans at Haitian Government’s Request

U.S. Citizenship and Immigration Services (USCIS) advises that the Haiti government has requested that the U.S. provide it with a final list of orphans being considered under the Special Humanitarian Parole Program for Haitian Orphans. As a result, USCIS has announced that it will stop accepting new requests for consideration under the special program as of April 14, 2010, and will resume regular processing of intercountry adoptions.

USCIS believes that the vast majority of adoption requests for orphans who meet the criteria of the special program have already been submitted under the program that Department of Homeland Security Secretary Janet Napolitano authorized after the January 2010 earthquake which devastated Haiti. Parole was authorized for two specific and limited groups of Haitian children: (1) those who either had full and final adoptions completed by their U.S. parents before the earthquake and who were legally confirmed as eligible for intercountry adoption by the government of Haiti and (2) those who were far enough along in the adoption process that both the U.S. and Haitian governments could verify the identity and eligibility of the children for adoption and the U.S. government could confirm the suitability of the adoptive parents.

Since January 18, USCIS has authorized parole for more than 1,000 orphans under the special program, and, as of April 5, approximately 340 cases were still being considered. After April 13, 2010, intercountry adoption cases involving Haitian orphans will again be processed through normal procedures. USCIS advises that the government of Haiti has already begun accepting new documents for adoption cases and the U.S. Embassy in Port-au-Prince has resumed regular processing. However, requests for humanitarian parole may be submitted through April 13. To initiate a case, send an e-mail to the HaitianAdoptions @dhs.gov mailbox, including in the subject line the last name of the prospective parent(s) and the name of the child(ren) to be adopted.

In addition, provide:

  • the names and date of birth of the adoptive parent(s) and the orphaned child(ren)
  • the address and contact information for the adoptive parent(s), the adoption-service provider, if applicable, and the caregiver for the child(ren) in Haiti
  • a signed Form G-28 or privacy waiver if the adoptive parent(s) want USCIS to communicate about the humanitarian parole request with an attorney or other representative
  • recent photo(s) of the child(ren)
  • documentation showing that each child either was being adopted prior to January 12, 2010 and was legally confirmed as an orphan available for intercountry adoption by the government of Haiti through an adoption decree or custody grant to suitable U.S. citizen adoptive parents or was being identified by an adoption-service provider or facilitator as eligible for intercountry adoption and matched to prospective American adoptive parents prior to January 12, 2010

If the adoptive parents are in the process of gathering the evidence necessary to establish eligibility for parole, they may still submit a request to the e-mail box before the deadline with an explanation of the evidence that they are seeking to obtain but should provide, at a minimum, full names and dates of birth of the Haitian child(ren) and the prospective adoptive parent(s) and contact information for the prospective adoptive parent(s).

The Department of Homeland Security (DHS) had taken a number of steps in response to the crisis created by the January 12, 2010 earthquake in Haiti. Among them, DHS Secretary Janet Napolitano has announced an 18-month designation of temporary protected status (TPS) for Haiti. In addition, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro N. Mayorkas, on January 15, 2010, issued a memorandum to field leadership entitled “Initial Relief Efforts for Aliens Affected by the January 12, 2010 Haiti Earthquake.” The memorandum provides interim field guidance for the various forms of relief that USCIS has committed to undertake as a result of the earthquake. The guidance applies to nationals and habitual residents of Haiti, some of whom may fall outside the scope of the TPS designation. Among the temporary relief discussed in the memorandum is humanitarian parole for adoptive children. Subsequent to the issuance of the memorandum, DHS Secretary Napolitano, in conjunction with the Department of State, issued a fact sheet and set of questions and answers addressing this humanitarian parole for orphans in more detail.

Posted in Haitian Orphan, Humanitarian Parole | Leave a comment

Restructuring Immigration Adjudication by Stephen Legomsky, Washington University School of Law

Duke Law Journal, Vol. 59, pp. 1635-1721, 2010
Washington U. School of Law Working Paper No. 10-04-02

 

 Stephen H. Legomsky
Washington University School of Law

Abstract:     
For decades, the immigration adjudication system has been under relentless attack from both the left and the right. The left has been concerned with the fairness of the proceedings, the accuracy and consistency of the outcomes, and the acceptability of both the procedures and the outcomes to the parties and to the public. The right has focused on the fiscal costs and elapsed times of these proceedings. This Article demonstrates that all of these criticisms have been well founded and that the roots of the problems are severe underfunding, reckless procedural shortcuts, the politicization of the process, and a handful of adjudicators personally ill suited to the task.

Over the years, commentators and commissions have offered thoughtful solutions, but consensus has proven elusive. This Article calls for redesigning the entire system. For the trial phase, this Article endorses previous proposals for converting the current immigration judges into administrative law judges, who enjoy greater job security, and moving them from the Department of Justice into a new, independent executive branch tribunal. For the appellate phase, this Article proposes radical surgery, replacing both administrative appeals and regional court of appeals review with a single round of appellate review by a new, Article III immigration court. The new court would be staffed by experienced Article III district and circuit judges serving two-year assignments. This new system would significantly depoliticize the hiring, judging, supervision, and control of immigration adjudicators. It would consolidate the two current, largely duplicative rounds of appellate review into one, in the process restoring the Article III jurisdiction that Congress stripped away in 1996. It would save tax dollars and speed the removal process, thus reducing not only prolonged detention, but also what some believe is a meaningful incentive to file frivolous appeals to delay removal. It would preserve both specialized expertise and a generalist perspective. And it is politically realistic, permitting all sides to meet the specific objectives they hold most dear while requiring each side to make only modest concessions.
Keywords: Immigration, Aliens, Noncitizens, Deportation, Removal, Adjudication, EOIR, BIA, Immigration Judges
Accepted Paper Series 


One-Click Download

Date posted: April 07, 2010 ; Last revised: April 07, 2010

Legomsky, Stephen H. , Restructuring Immigration Adjudication (April 7, 2010). Duke Law Journal, Vol. 59, pp. 1635-1721, 2010; Washington U. School of Law Working Paper No. 10-04-02. Available at SSRN: http://ssrn.com/abstract=1585864

Contact Information

Stephen H. Legomsky (Contact Author)

Washington University School of Law ( email )

Campus Box 1120
One Brookings Drive
St. Louis, MO 63130
United States
(314) 935-6469 (Phone)
(314) 935-5356 (Fax)

HOME PAGE: http://law.wustl.edu/faculty/index.asp?id=274

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DHS | Yearbook of Immigration Statistics

A compendium of tables that provides data on foreign nationals who, during a fiscal year, were granted lawful permanent residence (i.e., admitted as immigrants or became legal permanent residents), were admitted into the United States on a temporary basis (e.g., tourists, students, or workers), applied for asylum or refugee status, or were naturalized. The Yearbook also presents data on immigration law enforcement actions, including alien apprehensions, removals, and prosecutions.

In addition to the Yearbook, the Office of Immigration Statistics Annual Flow Reports and Annual Reports provide text, tables, and charts on legal permanent residents, refugees and asylees, nonimmigrant admissions, naturalizations, and enforcement actions. The Annual Flow Reports and Annual Reports have replaced the text chapters in the earlier editions of the Yearbook.

2008 Yearbook of Immigration Statistics Yearbook

The Yearbook of Immigration Statistics is a compendium of tables that provides data on foreign nationals who, during a fiscal year, were granted lawful permanent residence (i.e., admitted as immigrants or became legal permanent residents), were admitted into the United States on a temporary basis (e.g., tourists, students, or workers), applied for asylum or refugee status, or were naturalized.

The Yearbook also presents data on immigration law enforcement actions, including alien apprehensions, removals, and prosecutions.

In addition to the Yearbook, the Office of Immigration Statistics Annual Flow Reports and Annual Reports provide text, tables, and charts on legal permanent residents, refugees and asylees, nonimmigrant admissions, naturalizations, and enforcement actions. The Annual Flow Reports and Annual Reports have replaced the text chapters in the earlier editions of the Yearbook.

2008 Yearbook of Immigration Statistics

Yearbook

Legal Permanent Residents

Refugees and Asylees

Naturalizations

Nonimmigrant Admissions

Enforcement

2007 Yearbook of Immigration Statistics

Yearbook

Legal Permanent Residents

Refugees and Asylees

Naturalizations

Nonimmigrant Admissions

Enforcement

2006 Yearbook of Immigration Statistics

Yearbook

Legal Permanent Residents

Refugees and Asylees

Naturalization

Nonimmigrant Admissions

Enforcement

2005 Yearbook of Immigration Statistics

Yearbook

Legal Permanent Residents

Refugees and Asylees

Nonimmigrant Admissions

Naturalizations

Enforcement

2004 Yearbook of Immigration Statistics

Yearbook

Legal Permanent Residents

Refugees and Asylees

Nonimmigrant Admissions

Naturalizations

Enforcement

View the Archives page for previous editions of the Yearbook.
Posted in 2008 Census Data, Demographic Data on Hispanics, EOIR Statistical Year Book, The Pew Hispanic Center, Yearbook of Immigration Statistics | Leave a comment

DHS: Secretary Napolitano Announces New Measures to Strengthen Aviation Security

 This month, foreign nationals traveling to the United States will begin to see changes in airport security screening procedures, as the U.S. Transportation Safety Administration implements new screening policies that will focus less on a traveler’s country of citizenship and more on intelligence data that flags security risks. In particular, foreign nationals from 14 countries of concern should no longer be automatically subject to heightened screening because of their nationality alone. The new policies were announced on April 2, 2010 by the Department of Homeland Security.

Airport security personnel will use security databases and watch lists in combination with intelligence about specific terrorism suspects, their physical descriptions and travel patterns to identify travelers for increased scrutiny. Foreign nationals whose traits and travel histories are similar to intelligence data could be selected for additional airport screening. The new procedures replace an emergency measure implemented in January that required automatic additional screening for citizens and nationals of Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria and Yemen.
When traveling to the United States from abroad, foreign nationals should still expect strict screening and delays at airports, including close questioning, random searches, and other measures, and could still be subject to secondary screening if their information matches data from intelligence reports or watch lists. However, having a certain nationality or holding a passport from one of the 14 countries of concern should not, by itself, trigger additional screening.
DHS announcement is available at http://www.dhs.gov/ynews/releases/pr_1270217971441.shtm
Release Date: April 2, 2010
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Commends Release of Administration’s Surface Transportation Security Priority Assessment

Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.

These new, more flexible security protocols—tailored to reflect the most current information available to the U.S. government—will apply to all passengers traveling to the United States.

“These new measures utilize real-time, threat-based intelligence along with multiple, random layers of security, both seen and unseen, to more effectively mitigate evolving terrorist threats,” said Secretary Napolitano. “The terrorist threat to global aviation is a shared challenge and ensuring aviation security is a shared responsibility. I commend our many partners around the world who have taken steps to increase their own security measures through deployment of new technology, enhanced information sharing and stronger standards to keep air travel safe.”

These new, enhanced measures are part of a dynamic, threat-based aviation security system covering all passengers traveling by air to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of the traveling public. Passengers traveling to the United States from international destinations may notice enhanced security and random screening measures throughout the passenger check-in and boarding process, including the use of explosives trace detection, advanced imaging technology, canine teams, or pat downs, among other security measures.

Secretary Napolitano, in conjunction with the United Nations specialized agency International Civil Aviation Organization, has been leading a global initiative to strengthen the international aviation system against the evolving threats posed by terrorists, working in multilateral and bilateral contexts with governments as well as industry. Over the past three months, Secretary Napolitano has participated in regional aviation security summits around the world in Spain, Mexico and Tokyo, forging historic agreements with her international colleagues to strengthen the civil aviation system through enhanced information collection and sharing, cooperation on technological development and modernized aviation security standards.

Secretary Napolitano also commended today’s release of the Surface Transportation Security Priority Assessment as another important step in efforts to protect the nation’s traveling public from acts of terrorism—conducted by the Obama administration in its first year as a thorough review of the nation’s surface transportation security efforts, which cover mass transit, commuter and long-distance passenger rail, freight rail, commercial vehicles and pipelines.

The Assessment was developed through engagement with federal, state, local and tribal government partners as well as the private sector, provides a comprehensive framework of recommendations to enhance surface transportation security.

The Assessment reflects the Obama administration’s commitment to coordinating surface transportation security efforts among all government partners and the private sector to enhance security; reduce risk; improve the efficiency and effectiveness of federal security capabilities; strengthen interactive stakeholder partnerships; and streamline security management coordination to protect Americans from threats of terrorism. It provides a comprehensive framework for the continued improvement of surface transportation security and identifies discrete areas of focus for the institution of changes that will make the nation safer.

The Surface Transportation Security Priority Assessment is available here.

For more information, visit www.dhs.gov.


Frequently Asked Questions on Aviation Security

Is the list of 14 countries of concern still in use?These measures supersede the list of countries concern put in place as an emergency measure on January 3, 2010. The enhanced security measures that are going into effect are tailored to intelligence about potential threats and are focused on all passengers from all countries. They are part of a dynamic, threat based process covering all passengers traveling to the United States while focusing security measures in a more effective and efficient manner to ensure the safety and security of all those traveling by air to the United States.

Is this a weakening of the current posture system?It’s a strengthening of the system. These new, more flexible security protocols are tailored to reflect the most current information available to U.S. authorities and are based on real-time, threat-based intelligence that will now be applied to all passengers traveling to the United States.

Which countries are affected by the new directives?
The security measures apply to all passengers on international flights directly to the U.S. worldwide.

What can passengers expect to see at airports?Passengers traveling to the U.S. from international destinations may notice enhanced security and screening measures throughout the passenger check-in and boarding process which could include explosives trace detection, use of advanced imaging technology, canine teams or pat downs, among other security measures to keep air travel safe.
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State and County Demographic Data, updated profiles of the Latino population in the 50 U.S. states

  1. State and County Demographic Data on Hispanics – Pew Hispanic Center
  2. Statistical Portrait of Hispanics in the United States, 2008
  3. Foreign-Born Population in the United States, 2008
  4.  Summary: Statistical Profiles of the Hispanic and Foreign-Born Populations in the U.S.

Demographic and Economic Data on Hispanics by State: The Pew Hispanic Center.  The Pew Hispanic Center is a project of the Pew Research Center, a nonpartisan “fact tank” that provides informatio on the issues, attitudes and trends shaping America and the world. It is supported by The Pew Charitable Trusts. 1615 L Street, NW Suite 700  Washington, DC 20036-5610 p 202.419.3600   f 202.419.3608

Posted in 2008 Census Data, Demographic Data on Hispanics, The Pew Hispanic Center | 1 Comment