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Friday, July 20, 2018

A government lawyer acknowledged Monday that the Trump administration will miss its first court-imposed deadline to reunite about 100 immigrant children under age 5 with their parents. Department of Justice attorney Sarah Fabian said during a court hearing that federal authorities reunited two families and expect to reunite an additional 59 by Tuesday’s deadline. She said the other cases are more complicated, including parents who have been deported or are in prison facing criminal charges, and would require more time to complete reunions. U.S. District Judge Dana Sabraw, who ordered the administration to reunite families separated as part of President Donald Trump’s “zero tolerance” immigration policy, said he will hold another hearing Tuesday morning to get an update on the remaining cases. He said he was encouraged to see “real progress” in the complicated reunification process after a busy weekend when officials from multiple federal agencies tried to sync up parents and children who are spread across the country. STORY FROM LENDINGTREE Crush your mortgage interest with a 15 yr fixed “Tomorrow is the deadline. I do recognize that there are some groups of parents who are going to fall into a category where it’s impossible to reunite by tomorrow,” he said. “I am very encouraged by the progress. I’m optimistic.” Lee Gelernt, an American Civil Liberties Union attorney who leads a lawsuit against the federal government, sounded more skeptical. When asked by the judge if he believed the government was in full compliance of the court order, Gelernt said there was much more work to be done. “Let me put it this way: I think the government in the last 48 hours has taken significant steps,” he said. “We just don’t know how much effort the government has made to find released parents. I don’t think there’s been full compliance.” U.S. District Judge Dana Sabraw, based in San Diego. U.S. District Judge Dana Sabraw, based in San Diego. (Photo: U.S. District Court) The difficulty in reuniting the first 100 children shows the challenge that lies ahead as the Trump administration braces for another deadline in two weeks to reunite nearly 3,000 older children – up to age 17 – with their parents. The process is complicated because of all the different situations that emerged over the weekend. The government initially identified 102 children under age 5 who needed to be reunited but removed three children from that list because investigations into their cases revealed that those children came with adults who were not their parents, Fabian said. Twelve parents were found to be in federal and state custody on criminal charges, making a reunification impossible since the government can’t transfer minors to state and local prisons to protect the well-being of the child. Nine parents were deported, and the government established contact with only four of them, Fabian said. Four children had been scheduled to be released from government custody to relatives who weren’t their parents, leading the government to question whether to allow that process to be completed or to redirect the child back to a parent. Gelernt said he understood many of the hurdles but urged the judge to force the government to scrap its time-consuming investigation into every single case and start a 48-hour clock to reunify families that remain separated by Tuesday. Sabraw said he would decide that during Tuesday’s hearing. Fabian said one of the silver linings of the busy weekend is that her office worked closely with its challengers at the ACLU to share information on each child’s case, to ensure that representatives from immigration advocacy groups and volunteer organizations could be present during each reunification. Gelernt said they’re doing that to help the parents, who are often released from custody with no money and nowhere to go. Fabian said that coordination has led to a more formalized process between government agencies and with the immigrants’ lawyers that should make reunifications go more smoothly in the coming weeks. “I think this process over the weekend helped us see what information, and in what form, is the most useful to share,” she said. “I’d like to make that as efficient a process as possible.” -

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Thursday, April 13, 2017

Trump immigration curbs cause worldwide chaos, panic, anger

People shout during anti-Donald Trump immigration ban protests outside Terminal 4 at John F. Kennedy International Airport in Queens, New York, U.S. January 28, 2017. REUTERS/Andrew Kelly
By Yeganeh Torbati and Doina Chiacu | WASHINGTON

President Donald Trump’s most far reaching action since taking office plunged America’s immigration system into chaos on Saturday, not only for refugees but for legal U.S. residents who were turned away at airports and feared being stranded outside the country.

Immigration lawyers and advocates worked through the night trying to help stranded travelers find a way back home. Lawyers in New York sued to block the order, saying many people have already been unlawfully detained, including an Iraqi who worked for the U.S. Army in Iraq.

Confusion abounded at airports as immigration and customs officials struggled to interpret the new rules, with some legal residents who were in the air when the order was issued detained at airports upon arrival.

“Imagine being put back on a 12-hour flight and the trauma and craziness of this whole thing,” said Mana Yegani, an immigration lawyer in Houston. “These are people that are coming in legally. They have jobs here and they have vehicles here.”

The new Republican president on Friday put a four-month hold on allowing refugees into the United States and temporarily barred travelers from Syria and six other Muslim-majority countries. He said the moves would protect Americans from terrorism, in a swift and stern delivery on a campaign promise.

The ban affects travelers with passports from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen and extends to green card holders who are legal permanent residents of the United States.

Arab travelers in the Middle East and North Africa said the order was humiliating and discriminatory. It drew widespread criticism from U.S. Western allies including France and Germany, Arab-American groups and human rights organizations.

Iran condemned the order as an “open affront against the Muslim world and the Iranian nation” and vowed to retaliate. Of the seven countries targeted, Iran sends the most visitors to the United States each year – around 35,000 in 2015, according to the Department of Homeland Security.

The ban extends to green card holders who are authorized to live and work in the United States, Homeland Security spokeswoman Gillian Christensen said.

It was unclear how many legal permanent residents would be affected. A senior U.S. administration official said on Saturday that green card holders from the seven affected countries have to be cleared into the United States on a case-by-case basis.

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Women check their luggage after arriving on a flight from Dubai on Emirates Flight 203 at John F. Kennedy International Airport in Queens, New York, U.S., January 28, 2017. REUTERS/Andrew Kelly

LEGAL RESIDENTS STUNNED

Legal residents of the United States were plunged into despair at the prospect of being unable to return to the United States or being separated from family members trapped abroad.

“I never thought something like this would happen in America,” said Mohammad Hossein Ziya, 33, who came to the United States in 2011 after being forced to leave Iran for his political activities.

Ziya, who lives in Virginia, has a green card and planned to travel to Dubai next week to see his elderly father. “I can’t go back to Iran, and it’s possible I won’t be able to return here, a place that is like my second country,” he said.

Saleh Taghvaeian, 36, teaches agricultural water management at Oklahoma State University in Stillwater, said he feared his wife would not be able to return from Iran after a visit.

In Cairo, five Iraqi passengers and one Yemeni were barred from boarding an EgyptAir flight to New York on Saturday, sources at Cairo airport said. Dutch airline KLM [AIRF.PA] said on Saturday it had refused carriage to the United States to seven passengers from predominately Muslim countries.

Canada’s WestJet Airlines said it turned back a passenger bound for the United States on Saturday in order to comply with the order. A spokeswoman did not say which country the passenger had come from.

At least three lawyers from the International Refugee Assistance Project were at the arrivals lounge at New York’s John F. Kennedy International Airport, buried in their laptops and conference calls, photocopies of individuals’ U.S. visas on hand.

U.S. AGENCIES SCRAMBLE

In Washington, the agencies charged with handling immigration and refugee issues grappled with how to interpret the measure. U.S. officials, speaking on condition of anonymity, said they were not consulted on the executive order and in some cases only learned the details as they were made public.

At the State Department, a senior official said lawyers were working closely with their counterparts at Homeland Security to interpret the executive order, which allows entry to people affected by the order when it is in the “national interest.”

However, a federal law enforcement official said, “It’s unclear at this point what the threshold of national interest is.”

Senior administration officials said it would have been “reckless” to broadcast details of the order in advance of new security measures. The officials told reporters that Homeland Security now has guidance for airlines.

They dismissed as “ludicrous” the notion that the order amounted to a “Muslim ban.” Afghanistan, Malaysia, Pakistan, Oman, Tunisia and Turkey were Muslim-majority countries not included, an official said.

Since it was announced on Friday, enforcement of the order was spotty and disorganized.

Travelers were handled differently at different points of entry and immigration lawyers were advising clients to change their destination to the more lenient airports, she said. Houston immigration lawyer Yegani said officials denied travelers with dual Canadian and Iranian citizenship from boarding planes in Canada to the United States.

The order seeks to prioritize refugees fleeing religious persecution. In a television interview, Trump said the measure was aimed at helping Christians in Syria.

Some legal experts said that showed the order was unconstitutional, as it would violate the U.S. right to freedom of religion. But others said the president and U.S. Congress have latitude to choose who receives asylum.

Lawyers from immigration organizations and the American Civil Liberties Union sued in federal court in Brooklyn on behalf of two Iraqi men, one a former U.S. government worker and the other the husband of a former U.S. security contractor.

The two men had visas to enter the United States but were detained on Friday night at Kennedy airport, hours after Trump’s executive order, the lawsuit said. One of the men, former U.S. Army interpreter, Hameed Khalid Darweesh, was later released.

(Reporting by Brendan O’Brien in Milwaukee; Jeff Mason, Roberta Rampton, Doina Chiacu, Lesley Wroughton in Washington; Mica Rosenberg, Jonathan Allen and David Ingram in New York; Writing by Doina Chiacu; Editing by Mary Milliken and Grant McCool

Source: Reuters

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