Post by kaima on Feb 10, 2006 8:54:40 GMT -7
www.nytimes.com/2006/02/10/nyregion/10immigration.html?_r=1&oref=slogin
Seized With Heavy Hand at Border, for Paperwork Errors
By NINA BERNSTEIN
Published: February 10, 2006
One is a second grader in Manhattan. Over the protests of his American mother, immigration officials have been trying to deport him ever since he returned from a brief visit to his native Canada without the right visa. Another is an Irish professor of literature invited to teach at the University of Pennsylvania last month. He was handcuffed at the Philadelphia airport, strip-searched, jailed overnight and sent back to Europe to correct an omission in his travel papers.
Then there are the seven Tibetan monks who were visiting Omaha two weeks ago. After their church sponsor abruptly withdrew its support, their religious visas were revoked and a dozen immigration officers in riot gear showed up to arrest them.
The details in these cases vary, as do the technical visa infractions committed by each of the foreigners. But they all testify to a larger issue looming on the front lines of immigration enforcement: how low-level gatekeepers and prosecutors in the customs and immigration system are using their growing discretionary power over travelers who pose no security risk.
Officials of the Department of Homeland Security have acknowledged that intensified efforts to keep out terrorists since the 9/11 attacks have sometimes led to the heavy-handed treatment of foreigners whose only offense was an inadvertent paperwork error or being caught in a bureaucratic tangle. In memos issued in 2004 and 2005, agency officials encouraged officers to use discretion and legal shortcuts to resolve such cases quickly, saving resources for more important tasks and showing the world a more welcoming face.
But immigration lawyers say the effort is not working. Though there are no statistics on such cases, the lawyers say they are seeing harsher treatment in situations involving paperwork errors or minor infractions. A political climate more hostile to foreigners, fears of being faulted for leniency and a lack of coordination among immigration agencies, they say, are leading officers to go overboard in cases that fit the government guidelines for prosecutorial discretion.
"I'm desperate," Emily Arroyo, the mother of the second grader, said last week, after prosecutors refused an immigration judge's suggestion that they drop the two-year-old deportation case against her son, José Arroyo Rodas. Instead, they demanded that she buy him a one-way ticket to Canada by next week.
"I'm American — they're making me leave my country, too, because of course I'm not going to let him go alone," said Ms. Arroyo, a hairstylist raised in Guatemala, who calculates that she has spent $10,000 in legal fees trying in vain to fix José's paperwork problem. But on Wednesday, hours after this reporter asked United States Immigration and Customs Enforcement officials in Washington for comment about the case, an agency spokesman, Marc Raimondi, said that prosecutors reviewing the matter had found that it met the guidelines for prosecutorial discretion. "A dismissal recommendation to the immigration judge is planned," he said.
Kelly Klundt, a spokeswoman for Customs and Border Protection, which is also part of Homeland Security, said that as its officers process 86 million air travelers a year and enforce 400 different laws, "there are unfortunately going to be a few instances that do not demonstrate perfect discretion."
"Achieving a balance of being a welcoming nation and keeping the borders secure is terribly difficult," she added. "We are seeking to improve the way we handle all of these types of situations."
But a case like José's only confirms that without exceptional outside attention or high-level intervention, rigidity prevails, said Diane M. Butler, a Seattle lawyer who heads the American Immigration Lawyers Association committee that works with Customs and Border Protection.
Most officers, she said, "are trying to do the right thing" but lack training in how to apply discretion. But, in some instances, she added, officers seem newly emboldened by campaigns against illegal immigration to express their resentment of foreigners by denying or delaying entry whenever possible. She said her business clients reported remarks like, " 'You're just trying to take jobs away from Americans.' "
Seized With Heavy Hand at Border, for Paperwork Errors
By NINA BERNSTEIN
Published: February 10, 2006
One is a second grader in Manhattan. Over the protests of his American mother, immigration officials have been trying to deport him ever since he returned from a brief visit to his native Canada without the right visa. Another is an Irish professor of literature invited to teach at the University of Pennsylvania last month. He was handcuffed at the Philadelphia airport, strip-searched, jailed overnight and sent back to Europe to correct an omission in his travel papers.
Then there are the seven Tibetan monks who were visiting Omaha two weeks ago. After their church sponsor abruptly withdrew its support, their religious visas were revoked and a dozen immigration officers in riot gear showed up to arrest them.
The details in these cases vary, as do the technical visa infractions committed by each of the foreigners. But they all testify to a larger issue looming on the front lines of immigration enforcement: how low-level gatekeepers and prosecutors in the customs and immigration system are using their growing discretionary power over travelers who pose no security risk.
Officials of the Department of Homeland Security have acknowledged that intensified efforts to keep out terrorists since the 9/11 attacks have sometimes led to the heavy-handed treatment of foreigners whose only offense was an inadvertent paperwork error or being caught in a bureaucratic tangle. In memos issued in 2004 and 2005, agency officials encouraged officers to use discretion and legal shortcuts to resolve such cases quickly, saving resources for more important tasks and showing the world a more welcoming face.
But immigration lawyers say the effort is not working. Though there are no statistics on such cases, the lawyers say they are seeing harsher treatment in situations involving paperwork errors or minor infractions. A political climate more hostile to foreigners, fears of being faulted for leniency and a lack of coordination among immigration agencies, they say, are leading officers to go overboard in cases that fit the government guidelines for prosecutorial discretion.
"I'm desperate," Emily Arroyo, the mother of the second grader, said last week, after prosecutors refused an immigration judge's suggestion that they drop the two-year-old deportation case against her son, José Arroyo Rodas. Instead, they demanded that she buy him a one-way ticket to Canada by next week.
"I'm American — they're making me leave my country, too, because of course I'm not going to let him go alone," said Ms. Arroyo, a hairstylist raised in Guatemala, who calculates that she has spent $10,000 in legal fees trying in vain to fix José's paperwork problem. But on Wednesday, hours after this reporter asked United States Immigration and Customs Enforcement officials in Washington for comment about the case, an agency spokesman, Marc Raimondi, said that prosecutors reviewing the matter had found that it met the guidelines for prosecutorial discretion. "A dismissal recommendation to the immigration judge is planned," he said.
Kelly Klundt, a spokeswoman for Customs and Border Protection, which is also part of Homeland Security, said that as its officers process 86 million air travelers a year and enforce 400 different laws, "there are unfortunately going to be a few instances that do not demonstrate perfect discretion."
"Achieving a balance of being a welcoming nation and keeping the borders secure is terribly difficult," she added. "We are seeking to improve the way we handle all of these types of situations."
But a case like José's only confirms that without exceptional outside attention or high-level intervention, rigidity prevails, said Diane M. Butler, a Seattle lawyer who heads the American Immigration Lawyers Association committee that works with Customs and Border Protection.
Most officers, she said, "are trying to do the right thing" but lack training in how to apply discretion. But, in some instances, she added, officers seem newly emboldened by campaigns against illegal immigration to express their resentment of foreigners by denying or delaying entry whenever possible. She said her business clients reported remarks like, " 'You're just trying to take jobs away from Americans.' "