Border and Enforcement News

Three Central Americans are filing a class action lawsuit against Department of Homeland Security Secretary Tom Ridge, Attorney General John Ashcroft and two Texas based immigration agents.  The plaintiffs claim they were coerced into waiving their right to appear before an immigration judge.

 

One plaintiff claimed, according to the Associated Press, that while he was detained he was told that if he signed some papers he would be returned to Nicaragua within four days.  Instead, the signed forms waived his right to a lawyer, a hearing or a request for asylum.  The other plaintiffs have similar stories.  Their attorney told the press that immigration judges should confirm that these immigrants can read and understand these waivers before they are signed.

 

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Twelve undocumented immigrants were injured in an effort to evade a Border Patrol vehicle last week.  The immigrants’ truck rolled over when the driver made a U-turn after spotting a Border Patrol vehicle in front of them.  According to the passengers’ statement to the Los Angeles Times, the driver turned off the headlights and drove off the road into the open desert.  The driver lost control when he attempted to return the vehicle to the road.

 

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Nine would-be undocumented immigrants were caught crossing the Niagara River from Canada last week and were arrested when they reached the shore.  Three women from India, a Pakistani family of four and two Canadians arrived on Grand Island on an inflatable raft, according to The Buffalo News.

 

Seven of the individuals will face criminal and administrative charges of illegally entering the United States, and one of the Canadians will be charged with smuggling.  One of the Pakistani couple’s two young children was born in the United States, and will therefore not face legal action.  Their court appearance is scheduled for Monday in U.S. District Court.

 

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The United States and Canada recently entered into a new cooperation agreement, which will involve heightened use of science and technology by both sides in response to new types of threats to common infrastructure and common borders.  Under the broad agreement, shared resources will be used to address common problems.  In addition to government agency participation, private universities and research organizations will also participate in activities under the agreement. 

 

The European Union has approved the USDHS program to collect air passenger data for flights between the US and the EU.  The agreement will be in effect for three and a half years.  Under the terms of the agreement, CBP will have to carefully monitor and maintain any data collected, and such data will strictly be used to prevent and combat terrorism and other serious crimes and flight from warrants or custody for those same crimes. 

 

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U.S. and Mexican officials have finalized a plan that will return illegal migrants caught crossing the Mexican border to their interior hometowns rather than just over the border.  This plan is an attempt to prevent recurring attempts to cross the border illegally and to slow down smuggler efforts.  The “deep repatriation” program is strictly voluntary on the part of the Mexican citizen returned to Mexico, in keeping with relevant provisions of the Mexican constitution.  The U.S. will pay for the transportation costs involved, and will avoid the use of physical restraints on returning trespassers.  Both U.S. and Mexican officials agree that this initiative could save the lives of many would-be border crossers who might otherwise die in a second effort to cross deserts. 

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.