AThe United States is facing a migration crisis on its southern border. Unfortunately, media images taken from ICE immigration detention facilities have been heartbreaking. Most of these migrants have come not from Mexico, however, but from the so-called “Northern Triangle”–El Salvador, Honduras, and Guatemala.
The reasons for this migration, which has persisted through the Trump administration until now, is more than just economic, although economics is certainly a factor. In addition to poverty, official corruption and violence are driving the citizens of these countries north towards the US border.
In 2020 El Salvador, Honduras and Guatemala ranked 1st, 4th, and 14th in the world, respectively, in terms of the national murder rate.
It doesn’t get any better when these migrants travel north, either. Tijuana and Juarez, both located just south of the US/Mexico border, rank 1 and 2 in the world, respectively, in terms of city murder rates.
Meanwhile, human smugglers and drug cartels often prey upon vulnerable migrants. The fact that these conditions have failed to deter Northern Triangle migrants goes to show how difficult life is for the people who live in those countries.
In Search of a Long-Term Solution
President Biden has pledged to seek a long-term solution to the migration crisis by helping the Northern Triangle countries deal with the root causes of immigration. Biden’s US CItizenship Act of 2021 contains some measures designed to relieve the migrant crisis.
Biden´s immigration bill includes a provision for $4 billion to be allocated over four years to fight poverty, crime, and corruption in the Northern Triangle. The bill, along with other initiatives favored by the Biden administration, would:
- Establish Designated Processing Centers throughout Northern Triangle countries where intending immigrants could seek refugee resettlement in the United States. One of the primary purposes of establishing these centers in Northern Triangle countries is to discourage migrants from undertaking the incredibly dangerous journey to the US border.
- Re-establish the Central American Minors Program to allow for the reunification of children with parents who are already residing in the United States.
- Help Northern Triangle countries reduce crime through enhanced security and enforcement measures. Unfortunately, this is a long-term solution whose effects may not be fully felt for decades.
- Investing into the economies of Northern Triangle countries. In 2018, for example, the US invested $5.8 billion into the region.
The Path Forward
Ultimately, however, the foregoing measures are only the tip of the iceberg compared to the sustained initiatives that are likely to prove necessary in the long run. Some of the possible future measures that need to be undertaken include:
- Partnering with Mexico to invest money and know-how into the region. The US and Mexico have a common interest in stemming the flow of migrants.
- Targeting aid and investment to the individual needs of each country.
- Engaging with the private sector in Northern Triangle countries to create jobs.
- Working with the governments of Northern Triangle countries to root out official corruption.
There is a reason for hope. Homicide rates, for example, have fallen steadily in El Salvador and Honduras in recent years. Nevertheless, so far it is not enough. The Covid-19 crisis battered the region throughout 2020, while hurricanes devastated parts of Honduras and Guatemala leaving hundreds of thousands of people homeless.
What It’s Going to Take
There are no easy answers to the Northern Triangle migration crisis. What has already become certain, however, is that nothing will ultimately be solved by simply building more walls. Ultimately the US is going to need to build a Central American policy grounded in human rights, long-term solutions, and reasonably flexible immigration policies.
According to the Department of Homeland Security (DHS), DHS delegated the school certification process to U.S. Immigration and Customs Enforcement (ICE). ICE, in turn, delegated the responsibility to its Student and Exchange Visitor Program (SEVP).
The SEVP certification program is used by foreign students who wish to enter America to start a course in the study program at the institution. The students need to use Form I-20, which is issued by a certified SEVP institution. Institutions, with SEVP certification, generally allow foreign students to enroll through an F or M student visa.
Institutions need to be certified to admit:
- Only F students (i.e., academic students)
- Only M students (i.e., vocational students)
- Both F and M students if the school has both academic and vocational courses of study
The governing regulations for school certification are found in 8 CFR 214.3(a)(2).
The types of institutions that are eligible to petition for SEVP certification include:
- “Colleges or universities (i.e., institutions of higher learning that award recognized bachelor’s, master’s, doctorate or professional degrees)
- Community colleges or junior colleges (i.e., institutions providing instruction in liberal arts or in the professions and awards recognized associate degrees)
- Seminaries
- Conservatories
- Academic high schools (grades nine–12)
- Private elementary schools (grades kindergarten–eight)
- Institutions providing:
- Language training, if accredited by a nationally recognized accrediting body
- Instruction in liberal arts or fine arts
- Instruction in the professions
- Instruction or training in more than one of these disciplines”
Other schools, in the governing regulations. are eligible for M student admission.
Which Schools are not Eligible for SEVP Certification:
The governing regulations provide that the following programs/schools cannot obtain SEVP certification:
- “Home school
- Preschool or daycare
- Public elementary or middle school (grades kindergarten–eight)
- School whose programs are primarily distanced or online and do not require the student’s physical attendance for classes, examination or other purposes integral to the completion of the class (per 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v))
- Adult education programs funded in whole or in part by a grant under the Adult Education and Family Literacy Act, or by any other federal, state, county or municipal funding
- Flight schools that are not Part 141 or Part 142 certified by the Federal Aviation Administration”
What Certification Responsibilities Must Schools Meet to Obtain SEVP Certification?
Schools are required to make” a legally binding commitment to comply with applicable federal laws, regulations, and DHS requirements.” The choice to apply for SEVP certification requires:
- A financial commitment
- A strong personal commitment
- The duty to comply with strict record and reporting keeping requirements
Some of the reporting obligations include:
- Updating the Form I-17 when material changes occur (e.g., a change of mailing address, change of leadership, etc.).
- “Regular registration of student records in SEVIS and report changes in student information (e.g., student address and employment information, etc.).”
Schools with SEVP certification may be subject to a random on-site review. They must also apply for recertification every two years. Schools seeking SEVP must complete Form I-17 and “upload the required evidence for filing online using the Student and Exchange Visitor Information System (SEVIS), as well as pay all required fees at pay.gov. There are many other Form I-17 requirements that must be met.
Currently approved SEVP institutions can be viewed here – Download Certified School List
Call Herman Legal Group at +1-216-696-6170 or fill out our contact form to talk with us about seeking admission to a SEVP approved school and changing your B-1 or B-2 status to F-1 or M-1 status.
The main jail for ICE detainees in Buffalo is the Buffalo (Batavia) Service Processing Center. This jail is located at: 4250 Federal Drive; Batavia, NY, York
Inquiries about detainees housed in this facility can be made by phoning (585) 344-6500 between the hours of 8 a.m. and 4 p.m. Callers should have the detainee’s biographical information available including their full name, aliases, date of birth, and country of origin. Detainees can’t receive incoming calls.
In emergencies, callers who need to get in touch with a detainee should “call (585) 344-6500 and leave the detainee’s full name, alien registration number and your name and telephone number where you can be reached. The detainee will be given your message.”
The facility is accessible to people with disabilities, including detainees.
Posting A Delivery Bond
If a person who been taken into ICE custody and placed into removal proceedings, it may be possible to post a delivery bond. The person posting the bond should have a valid government-issued photo ID, passport, military ID, driver’s license, LPR card, or other proof of identity. The person posting the bond “is responsible for ensuring that the alien presents them self before an officer or representative of this agency whenever a request is made.”
Bonds can be posted at an ICE ERO bond acceptance offices, Monday through Friday (excepting public holidays) from 9 am to 3 pm, New York time. ICE ERO bond acceptance offices can be found at this link- here.
The person posting the bond should know the detainee’s last name and alien registration numbers. Payment for the bond should be made by cashier’s check, money order, or certified check unless the bond payment is $10,000 or more (which requires a cashier’s check or a certified check). The Payee is the “U.S. Department of Homeland Security” or “Immigration and Customs Enforcement.
Visiting Hours
Friends and families can visit a detainee:
• M-F. 9 am – 11 am. 1pm-3pm. 6pm-8pm.
• Sat and Sun – 9 am -11 am. 1pm-3pm.
Visitors should check in a half-hour early so they can be processed through security. They should have a valid and verifiable government ID. Visits are only for up to one hour. Minors must be accompanied by an adult.
Attorney Visits
Lawyers for the detainees can visit their clients between 8am and 4pm or by making arrangements through the facility.
Consular Visits
Consular officials may meet with their detained nationals at any time though prior arrangements should be made with the ICE Supervisory Deportation Officer to the extent possible. The consular officials should bring appropriate credentials.
Clergy may also visit a detained at any time – providing prior arrangements are made with the Chaplain’s Office.
Visiting Restrictions
The Buffalo Servicing Center will enforce the following visitor restrictions:
• All family or other social visits are Non-contact.
• No firearms or weapons of any kind are permitted in the facility.
• If visitors are or appear to be intoxicated, visitation will not be allowed.
• All visitors are subject to search while in the facility.
• Visitors are not allowed to pass or attempt to pass any items to detainees.
• Visitors are not allowed to carry any items into the visitation area.
Visitor Searches
Anyone entering the facility is subject to a:
• Pat-down search of their belongings
• An inspection of their possessions
• A metal search
No weapons of any kind are permitted.
No electronic devices such as cell phones are permitted in the facility’s secure areas.
Incoming mail may be searched. Anyone sending a package to a detainee should contact the deportation officer at the facility beforehand.
Other Nearby Facilities:
• Orange County Correctional Facility
• Albany County Correctional Facility
• Allegany County Jail
• Chautauqua County Jail
• Clinton County Jail
• Wayne County Jail
Contact your experienced immigration lawyer in Buffalo to learn how you can help anyone who is detained at the Buffalo (Batavia) Service Processing Center.
ICE is a federal government law enforcement agency whose responsibilities include preventing people from entering the United States illegally, apprehending people who are illegally present in the US, detaining certain immigrants, and similar police operations. Because ICE’s resources and activities have been hampered by the coronavirus crisis, the agency has issued a statement detailing its enforcement priorities during the crisis.
Places Where ICE Generally Does Not Operate
Under normal circumstances, ICE will not conduct surveillance, apprehensions, arrests, etc. in the vicinity of hospitals or other medical facilities, schools, or churches and other places of worship. The reason for the rules is that ICE does not wish to discourage these activities by scaring undocumented immigrants away from the locations where they are held.
This policy is especially important for medical facilities because failure to seek treatment when infected with coronavirus could lead to its transmission of the virus to just about anyone. ICE may conduct activities near these locations, however, if:
- ICE has received a special waiver, which it must apply for in advance; or
- “Exigent circumstances” (for example, a dangerous criminal fugitive deliberately flees into a hospital in order to avoid apprehension while ICE agents are in hot pursuit.
People Subject to the Intensive Supervision of Aliens Program (ISAP)
The ISAP program is an alternative to the detention of immigrants, who ICE believes are likely to commit criminal acts, skip immigration hearings, or hide from immigration authorities to avoid deportation if they are not monitored. Although strictly speaking, people in the ISAP program are not in detention, their whereabouts and activities are closely monitored by ICE, and evasion of ISAP restrictions could result in detention.
ISAP participants are generally required to attend appointments with ICE officers (sometimes at the participants’ homes), and check-in with their case officers at regular intervals. Problems that have arisen during the coronavirus crisis include, but are not necessarily limited to, the following:
- ICE has suspended in-person appointments due to the coronavirus crisis;
- The coronavirus crisis has made it difficult for many ISAP participants to attend their appointments even if they are not canceled; and
- Case specialists are often difficult to contact by telephone.
If you face one of these problems, you should know that ICE is taking all of these difficulties into consideration. Your case specialist will likely contact you over the telephone as a substitute for an in-person appointment. If you have a scheduled in-person appointment, call your case specialist before your appointment.is scheduled, regardless of whether or not you are able to attend.
If you cannot get through by phone, leave a message with your name, A-number, and telephone number, and your case specialist will call you at some point. Be sure to keep a record of the date, time, and content of any calls you make or messages you leave — you may need this information later.
Medical Screening Prior to Removals/Deportations
If you are ordered deported, you will be subject to a medical screening before you board your flight out of the United States. If you are sent directly home without ever leaving the airport, this screening will take place at the airport. In other cases, you will be subject to a medical screening before you are taken to the airport.
You will be subject to a temperature screening prior to boarding the aircraft, and If you register a temperature of 99 degrees Fahrenheit (37.2 degrees Celsius) or above, you will be classified as likely to have contracted Covid-19. In this case, you will not be allowed to board the aircraft, and you will be taken to an ICE facility in the US for additional screening.
Release of Immigration Detainees Due to Covid-19
The coronavirus seems to be spreading rapidly through certain immigration detention facilities, due to difficulties in maintaining social distancing. In response, ICE has released several hundred detainees across the nation, many of them with ankle bracelets to keep track of their whereabouts.
The detainees who were released were generally considered the lowest risk detainees based on their immigration and criminal history. At th9is point it seems unlikely that large numbers of detainees will be released.
International Criticism
Currently, Customs Enforcement (ICE) is holding nearly 40,000 immigration detainees at immigration detention facilities, and sometimes local jails, throughout the United States. Many detainees have participated in hunger strikes to protest inadequate sanitation and hygiene at these facilities. The US government has been harshly criticized by the international human rights organization Amnesty International as well as other observers.
Once an employer received a Notice of Intent to Fine from ICE, the employer has the option to either pay the fine or contest the fine. The Notice of Intent to Fine is the charging document. A charging document lists all the violations allegedly committed by the employer and the corresponding penalties recommended by ICE.
Request for Hearing
Contesting the fine means that the employer must file a request for a hearing with the Office of the Chief Administrative Hearing Officer (OCAHO). Once a request for a hearing is filed, the OCAHO will assign the request to an administrative law judge.
Complaint
The Department of Homeland Security and the Immigration and Customs Enforcement will file a complaint before the OCAHO which will incorporate the contents of the Notice of Intent to Fine. The DHS and ICE will be the complainants on behalf of the people of the United States.
Motion for Summary Decision
DHS and ICE will also file a Motion for Summary Decision, asking the administrative law judge to rule on the motion and order the employer to pay the fine they recommended. They will try to show that they followed the procedure. They will attempt to prove that they followed the schedules in arriving at the recommended fines.
If there are factors that can serve to increase or decrease the penalty sought to be imposed, then DHS and ICE will discuss which factors they found and how these factors served to increase or reduce the amount of fine they recommended. In short, they will try to prove that there is no genuine issue of material fact that still needs to be heard by the administrative law judge.
Response
The Administrative Law Judge will require the employer to respond to the complaint and the Motion for Summary Decision. Note that while the judge will require the DHS and ICE to demonstrate that there are no material facts in issue and that they are entitled to a judgment as a matter of law, the employer must produce evidence that contravenes the claims of the DHS and ICE.
The employer must prove specific facts showing that there is still a genuine issue of fact that needs to be heard.