UCI Immigrant Rights Clinic joins ACLU in lawsuit against Homeland Security patrols


The ACLU and the UCI School of Law Immigrant Rights Clinic filed a lawsuit Tuesday against the Department of Homeland Security, saying they want to see records on “roving” patrols that have border agents stopping and detaining people as far as south Orange County.

The lawsuit in federal court follows unanswered Freedom of Information Act requests to both DHS and U.S. Customs and Border Protection last summer that seek information about the agency’s operations, which can reach as far as 100 miles north of the Mexico border.

“In the course of these operations, federal agents routinely disregard the legal limitations on their authority and violate the civil rights of California residents and visitors. Yet DHS refuses to hold agents accountable and ignores basic requests for information about these abusive practices,” said Mitra Ebadolahi, an attorney with the ACLU Foundation of San Diego.

A spokesman for the border agency declined to comment on the lawsuit.

Border patrol agents check transportation routes and routinely patrol the cities of San Juan Capistrano, San Clemente and Dana Point, spokesman Ralph DeSio said in an interview last year. Their role, he said then, “is to protect America and safeguard the American homeland at and beyond our borders.”

At the time, immigrant rights advocates had rallied behind a mother of six who was picked up by Border Patrol agents while she was on her way home from grocery shopping in San Juan Capistrano. Victoria Delgado Arteaga was released following a campaign by RAIZ, an Orange County group of young advocates working to end deportations.

“The community has been a victim of Border Patrol raids for years,” said Alexis Nava Teodoro, who organized the efforts to win her release and now works for the ACLU in Orange County.

The lawsuit said that a similar ACLU request in New York in 2011 found that most stops did not target recent crossers, happened far from the border, and only 1 percent ended in deportation proceedings. Some stops included racial profiling and arrests of people who were in the country legally, ACLU representatives said.

Last fiscal year, agents apprehended 29,911 people in the San Diego-Orange County sector, DeSio said.

Contact the writer: 714-796-7829 or rkopetman@ocregister.com


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Immigration Minister complies with High Court order to grant Pakistani a protection visa

Immigration Minister Peter Dutton will comply with a High Court order to grant a permanent protection visa to a Pakistani refugee.

In an unusual move, the Chief Justice of the High Court issued an order commanding the Minister to grant the visa.

It was the second time the man had sought help from the High Court.

He arrived at Christmas Island in 2012 and was eventually given refugee status.

But he was originally denied a protection visa due to regulations capping the number of visas granted.

Under the law, once refugee status has been determined, the Immigration Minister has 90 days to issue a protection visa.

Former immigration minister Scott Morrison capped the number of protection visas granted in the financial year after the Senate blocked the Government’s re-introduction of temporary protection visas.

However in June 2014, the High Court found the Minister did not have the power to limit the number of visas because of the time limit.

The courtruled the regulations capping visa numbers invalid and ordered the Government to reconsider the man’s application.

But when that happened he was again refused a visa by Mr Morrison, as it was deemed not to be “in the national interest” because he was an unauthorised maritime arrival.

The plaintiff challenged the use of the “national interest” test and asked for orders directing the Minister to grant him a visa.

He also alleged that changes made to the Migration Act late last year did not affect his right to a visa.

Today the court unanimously found the decision made by Mr Morrison to refuse the visa was illegal, and ordered the current Minister to grant it.

A spokesman for Immigration Minister Peter Dutton has confirmed the visa will be granted within seven days.

The court found that as an asylum seeker the man was entitled to a visa under the Migration Act, and the Minister could not refuse his application because he was an unauthorised maritime arrival.

It also held that the amendments to the act did not affect the man’s right to obtain a permanent protection visa, and that it was not necessary to address the validity of the “national interest” criterion.


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Immigration Minister to grant protection visa to Pakistani man on order of High Court

Immigration Minister Peter Dutton will comply with a High Court order to grant a permanent protection visa to a Pakistani refugee.

In an unusual move, the Chief Justice of the High Court issued an order commanding the Minister to grant the visa.

It was the second time the man had sought help from the High Court.

He arrived at Christmas Island in 2012 and was eventually given refugee status.

But he was originally denied a protection visa due to regulations capping the number of visas granted.

Under the law, once refugee status has been determined, the Immigration Minister has 90 days to issue a protection visa.

Former immigration minister Scott Morrison capped the number of protection visas granted in the financial year after the Senate blocked the Government’s re-introduction of temporary protection visas.

However in June 2014, the High Court found the Minister did not have the power to limit the number of visas because of the time limit.

The courtruled the regulations capping visa numbers invalid and ordered the Government to reconsider the man’s application.

But when that happened he was again refused a visa by Mr Morrison, as it was deemed not to be “in the national interest” because he was an unauthorised maritime arrival.

The plaintiff challenged the use of the “national interest” test and asked for orders directing the Minister to grant him a visa.

He also alleged that changes made to the Migration Act late last year did not affect his right to a visa.

Today the court unanimously found the decision made by Mr Morrison to refuse the visa was illegal, and ordered the current Minister to grant it.

A spokesman for Immigration Minister Peter Dutton has confirmed the visa will be granted within seven days.

The court found that as an asylum seeker the man was entitled to a visa under the Migration Act, and the Minister could not refuse his application because he was an unauthorised maritime arrival.

It also held that the amendments to the act did not affect the man’s right to obtain a permanent protection visa, and that it was not necessary to address the validity of the “national interest” criterion.


ABC

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Jeb Bush talks immigration, education, releases emails as he eyes 2016 bid

By Bill Cotterell

TALLAHASSEE, Fla. (Reuters) – In a visit to Florida’s state capital on Tuesday, Republican Jeb Bush focused on the politically explosive topics of immigration and education reform, while emails were released from his time as governor there in an effort to burnish his credentials as he eyes a 2016 presidential bid.

Bush told a friendly audience of 300 longtime supporters at a $1,000-per-plate luncheon that his party should approach immigration as an opportunity to spur economic growth, a view at odds with hardliners in his party.

“People, the best and brightest around the world, want to come here, so we should fix our immigration system,” he said, also stressing his support for securing U.S. borders.

“We have a chance of having 600,000 first-round draft picks every year,” he said.

The trip highlighted his strength in Florida – the largest U.S. swing state – seen as crucial to the Republican Party’s hopes of regaining the White House in 2016.

It also showcased how Bush, unlike many Republicans at this early stage of the nomination drive, is not running to the conservative right but instead presenting himself as a mainstream alternative while seeking to expand the scope of the party and appeal to independent voters.

Bush, the brother of former President George W. Bush and son of former President George H.W. Bush, is considered a frontrunner in the already crowded field of Republican presidential prospects.

He launched the “Right to Rise” political action committee last month to raise money as he explores a campaign.

eGOVERNOR

On Tuesday, he released thousands of emails from his two terms as Florida governor from 1999 to 2007 along with the first chapter of a campaign-style e-book to show he could connect with constituents at a personal level.

Early in his tenure, Bush made public his email address, jeb@jeb.org, and encouraged people to write to him. In the first chapter of an e-book he is to release, he said he spent 30 hours a week answering emails, earning the nickname “the eGovernor.”

“Everyone could email me,” he writes. “So they did.”

He and his advisers believe that by releasing large chunks of his communications from his time as governor it will show evidence of a chief executive at ease with connecting daily with people who write to him and responding to their concerns.

Bush also discussed education policy at a school reform conference hosted by his Foundation for Florida’s Future.

“I’m for higher standards,” Bush told reporters after the event.

As he travels the country ahead of a potential White House run, he has faced skepticism from the most conservative wing of his party, which is wary of his support for the “Common Core” national academic standards.

Standardized testing was central to the education reforms he championed as governor and Bush has suggested a middle ground could be found.

“You can alleviate people’s fears that you’re going to have some kind of control by the federal government of content or curriculum or even standards,” he said. “I’m against all that.”

(Additional reporting by Steve Holland in Washington; editing by Letitia Stein, Sandra Maler, James Dalgleish and G Crosse)

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Congressional impasse over immigration, homeland security

WASHINGTON (AP) — Majority Leader Mitch McConnell declared a Senate stalemate Tuesday over immigration provisions attached to a Homeland Security spending bill, and called on the House to make the next move to avoid an agency shutdown.

House Republicans said they had no intention of doing so, leaving Congress at an impasse with no clear way forward barely two weeks before the agency’s $40 billion budget shuts off.

“I can tell you I think it’s clearly stuck in the Senate,” McConnell, R-Ky., told reporters after a closed-door lunch of Senate Republicans. “And the next step is obviously up to the House.”

Michael Steel, spokesman for House Speaker John Boehner, responded with a statement seeking to put the focus on Senate Democrats. Democrats voted three times last week to block a House-passed bill that funds the department for the remainder of the budget year, while also overturning President Barack Obama’s executive actions limiting deportations for millions here illegally.

“Until there is some signal from those Senate Democrats what would break their filibuster, there’s little point in additional House action,” Steel said. Democrats say they can’t accept the bill unless the contested language on immigration is removed.

The impasse comes with Homeland Security funding set to expire Feb. 27 without action by Congress. The most likely outcome may be a short-term extension of current funding levels, something Homeland Security Secretary Jeh Johnson is urging Congress to avoid because it would prevent the agency from going forward with a host of planned initiatives, from improvements at the Secret Service to new security technology on the U.S.-Mexico border.

“I’m urging every member of Congress that I can meet, Democrat and Republican, to figure out a way to break this impasse so I can get a fully funded bill by Feb. 27,” Johnson told reporters Tuesday on the way out of a meeting with senators.

The fight over immigration and the Homeland Security spending bill is a major early test for Republicans who took full control of Congress in January for the first time in eight years. Democrats are already gleefully declaring that the GOP is failing the test, but with Republicans six votes shy of the 60 needed to advance most legislation in the Senate, they say there’s little they can do if Democrats won’t budge.

“The Democrats are filibustering it. I don’t know how we get blamed for that this time,” said Sen. Orrin Hatch, R-Utah. “Everybody knows it takes 60 votes to do anything.”

House Republicans, for their part, are frustrated that even now that the Senate is in GOP hands, they are still being asked to fold to Democratic demands.

“A hundred senators got elected to say they wanted to solve problems,” House Majority Leader Kevin McCarthy told reporters ahead of McConnell’s comments Tuesday. “They didn’t get elected to say, ‘we’ll wait and see what the House does.’ They should show us where they stand.”

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New immigration inspector announced








David Bolt, the new Independent Chief Inspector of Borders and ImmigrationDavid Bolt is former director of intelligence at the now-defunct Serious Organised Crime Agency


A former crime-fighting chief has been announced as the next chief inspector of borders and immigration.

David Bolt, who was director of intelligence at the now-defunct Serious Organised Crime Agency, replaces John Vine who stepped down in December.

The Home Office said Mr Bolt, who is chief executive of the International Federation of Spirits Producers, will take up the role “as soon as possible”.

Home Secretary Theresa May said he was an “excellent candidate”.

“I am confident that he will carry out his duties with diligence, vigour and objectivity,” she said.

Mr Bolt was deputy director general of strategic intelligence at the National Criminal Intelligence Service between 2001 and 2006.

He was executive director of intelligence at the Serious Organised Crime Agency between 2006 and 2010.

Mr Vine, who had complained to MPs that the impact of his work was compromised after Mrs May took control of the publication of reports, stepped down more than six months earlier than planned.

During his six years in the role, some of the reports Mr Vine published were highly critical of the immigration system.

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At stake in immigration debate: Billions of dollars



In Congress’ standoff over immigration policy, Republicans seem to be battling not only President Barack Obama but their own rhetoric on government spending.

Immigration riders attached to the Homeland Security spending bill by the House GOP turn out to actually widen the budget deficit over the next 10 years, according to the Congressional Budget Office. As a result, the $39.7 billion measure will need a supermajority of 60 votes under Senate budget rules, even if Republicans get past the Democratic filibuster.


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Faced with a Feb. 27 deadline and the Presidents Day recess next week, time is short. And the CBO report never addressed an added cost implicit in the Republican position: How much would it cost for the government to deport all the undocumented workers who stand to benefit from Obama’s most recent executive order?

That could be upward of $20 billion to $25 billion, according to the best estimates collected by POLITICO.

It’s a sum hard to find these days, given the Republican-backed spending caps imposed on the House and Senate appropriations committees. Indeed, just last week, the GOP leadership ridiculed Obama’s proposal to amend the law to increase discretionary funding — including money for DHS — above the freeze set for fiscal 2016.

The president’s critics on immigration, like Sen. Jeff Sessions, argue that the fight is not about dollars but the will to enforce the law. “Has the Obama administration ever asked for the resources necessary for the task of enforcing the law? Of course not,” said a spokesman for the Alabama Republican.

But what’s most striking is how each side has invoked Congress’ power of the purse to bolster its arguments in the immigration fight.

Republicans are employing their constitutional power to deny funding to the executive agencies that would carry out the president’s November order, as well as a 2012 order which deferred deportations for young undocumented immigrants. But Obama essentially makes the same argument in reverse to justify himself: He says Congress left him with this discretion precisely because it failed to give him the money to fully enforce the immigration laws.

“The proposed policy is designed to respond to the practical reality that the number of aliens who are removable under the [Immigration and Naturalization Act] vastly exceeds the resources Congress has made available to DHS for processing and carrying out removals,” reads the 33-page opinion from the Justice Department’s Office of Legal Counsel. “The resource constraints are striking. … DHS has informed us that there are approximately 11.3 million undocumented aliens in the country but that Congress has appropriated sufficient resources…to remove fewer than 400,000 aliens each year, a significant percentage of whom are typically encountered at or near the border rather than in the interior of the country.”

For all the political stakes, it’s surprisingly difficult to get an estimate of how much it costs the government to deport an individual. But money appears to make a difference. Tables compiled by DHS show that the number of annual removals has risen more than 80 percent in the past decade, while enforcement and detention appropriations have doubled in inflation-adjusted dollars.

POLITICO published its own calculations in November after comparing 10 years of appropriations with the number of annual removals listed by DHS. There were spikes and dips along the way, but the results showed a relatively consistent pattern of about $7,200 — plus or minus $1,000 — for each removal.

When shown these numbers, DHS’s Immigration and Customs Enforcement came back with its own estimate that the agency’s average “life cycle” cost for each removal it completed in fiscal 2013 was about $8,661.

Jennifer Elzea, a spokeswoman for ICE, explained that the agency “does not track the average cost of removal for an alien, but rather the average life cycle cost per alien. … This cost is inclusive of the Immigration Enforcement Lifecycle including all costs necessary to identify, apprehend, detain, process through immigration court, and remove an alien.”

If the government greatly ramped up the number of deportations, that figure might come down. Then again, that number may understate the full costs since the immigrant population affected by Obama’s order is relatively difficult for ICE to identify: individuals who have lived peacefully in the U.S. interior for years and become part of their communities.

But taken together, the numbers from POLITICO and ICE indicate that removing 3 million immigrants could cost the government between $20 billion and $25 billion.

Immigration rights advocates say 3 million is roughly how many people could seek temporary work permits under Obama’s November order, out of a total eligible population pegged at more than 4 million.

CBO’s analysis is more cautious and assumes that just 1.5 million adults will have come forward and been approved as of 2017, the year Obama’s presidency ends.

Since the House amendments seek to overturn Obama’s 2012 order as well, CBO adds about 750,000 young people who have already been granted temporary status or will become eligible by 2017. The total then is about 2.25 million people affected by the House amendments. And in estimating future Medicaid and education costs, CBO factors in the likelihood that more children will be born in these families and qualify for assistance.

In truth, Obama is doing more than simply deferring deportations for lack of resources from Congress. His November order establishes a process for individuals to get temporary work permits and qualify for government benefits — going well beyond deciding who gets prosecuted and who does not.

The Justice memo concedes as much. It says: “The conferral of deferred action does not represent a decision not to prosecute an individual for past unlawful conduct; it instead represents a decision to openly tolerate an undocumented alien’s continued presence in the United States for a fixed period.

“This difference is not, in our view, insignificant,” the memo adds. “But neither does it fundamentally transform deferred action into something other than an exercise in enforcement discretion.”

But the key word is “tolerate.” Led by Texas, 26 states are hitting hard on this same point in a lawsuit challenging Obama before a federal judge in Brownsville. Sessions’ office argues too that CBO fails to count the added costs that Obama’s order will impose on state and local governments.

At the federal level, CBO estimates that two-thirds of the increased government outlays stemming from Obama’s executive orders would consist of cash payments under the Earned Income Tax Credit. As of now, the migrants don’t qualify because the EITC is not available to low-income workers who lack Social Security numbers.

The House-passed amendments, by overturning Obama, would save the government a total of $14.85 billion from 2015 to 2025, CBO says, of which an estimated $10.25 billion is from the increased earned-income credit payments. Other costs include nutrition and health-care benefits.

Whatever the outcome of the current debate, Sen. Charles Grassley (R-Iowa) hopes to trim the EITC payments with legislation prohibiting the protected workers from applying retroactively for earned-income credits once they obtain Social Security numbers.

The Internal Revenue Service typically allows taxpayers to amend their past filings for the three prior years after getting a Social Security number. But Grassley argues that this ought not to apply here since the earned-income credit is meant to encourage work, which in this case was illegal employment prior to Obama’s order.

Early estimates by the Joint Tax Committee indicate that up to $1.7 billion could potentially be saved if Grassley makes this change.

Yet the same coin has another side: All these calculations show that this is a migrant population that is working — albeit in low-paying jobs — and generating substantial payroll taxes that would only grow under Obama’s plan.

This pattern has been seen before in disputes over child tax credits going to migrants who are not required to have Social Security cards. In 2010, for example, Treasury inspectors found that 2.18 million filers with only individual taxpayer identification numbers collected about $4 billion in child credits. But the same workers generated payroll taxes totaling more than $7 billion — more than matching the tax credits’ cost to the government.

In the case of Obama’s executive orders, CBO estimates that $22.3 billion in potential revenues would be lost from 2015 to 2025 if the House amendments were to prevail, including about $17.1 billion at the expense of Social Security. When all the puts-and-takes are counted, the net result is that the deficit would be $7.5 billion wider as a result of the House amendments. [

Obama’s new budget takes this logic a big step further by assuming that more comprehensive immigration reform would translate into $158 billion in deficit reduction over the next 10 years. The numbers draw on CBO’s analysis of the Senate bill adopted in the last Congress and again reflect a 3-to-2 ratio between improved receipts and higher costs.

Conservatives argue that this is illusory, given that the tide will inevitably turn once the newly legalized immigrants reach retirement age. But in Senate testimony last week, Stephen Goss, the chief actuary for the Social Security Administration, said the net cash flow for the trust funds would be positive for 30 years — and that even over 75 years, the cumulative impact of the president’s executive order would be a modest improvement for Social Security.





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New immigration rules risk leaving international students behind

Changes to immigration regulations have made it more difficult for international students who have recently graduated from Canadian universities to qualify for permanent residence.

On Jan. 1, new federal rules came into effect that no longer give international students with Canadian work experience an automatic leg-up when they apply to stay in Canada permanently.

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Now, Canada may find it difficult to continue successfully recruiting international students. Almost 300,000 international students were enrolled in Canadian postsecondary institutions last year, drawn partly by one of the most open systems of residence after graduation.

“Institutions want to paint a very clear accurate picture for incoming students,” said Jennifer Humphries, vice-president at the Canadian Bureau of International Education. “Immigrants who’ve integrated and adapted would seem tailor made for the Canadian labour force.”

Under the new rules, international students with a degree or diploma from a Canadian institution are placed with other groups of skilled workers in a “pool” from which Citizenship and Immigration draws invites for permanent residence. Before, international students did not have to compete with other skilled workers.

The government has promised that the pool, known as Express Entry, will lead to shorter application times and better connections between employers and potential immigrant employees.

So far, only two cohorts of applicants have been “invited” by the ministry. Invitations are based on a scoring system: A positive Labour Market Impact Assessment, showing there is no Canadian worker available to do the job, is worth 600 points. Another 600 points are available for things like education and age. The cutoff for the first two invited cohorts was above 800. Without an LMIA, students would not be able to reach that number.

“Students are the worst done by in this Express Entry system because, how do you prove for someone with [little] work experience that there is no Canadian to do the job?” said Evan Green, a partner and immigration lawyer at Green and Spiegel LLP in Toronto.

Students are still able to apply for permanent residence through other avenues, such as provincial nominee programs (PNP), which prioritize applications from international students with Canadian postsecondary credentials and professional work experience. The majority of Ontario’s 2,500 PNP spots are filled by international students, for example.

But tens of thousands of students have stayed in Canada as a result of the federal program, and those spots cannot be transferred to the provinces without negotiations.

The changes to how applications from those eligible under the Canadian Experience Class would be processed were announced last winter but the exact details were only released by Citizenship and Immigration Minister Chris Alexander in early December.

“This is a radical move that is devastating to international students that relied on policies that were put into place by this government to help post-graduate international students transition to permanent residence, based on their findings that these were the best people to adapt to life in Canada,” said Robin Seligman, a Toronto-based lawyer who has international student clients.

Recent graduates tried to beat the Jan. 1, 2015 deadline by getting their application in during the fall. As late as December, Citizenship and Immigration had said on its website that thousands of spots were still available under the old regulations.

In the last week, however, many of these fall applicants have received their applications back and been told that the 8,000 cap for Canadian Experience Class was reached on Oct. 20, 2014.

Sarmad Chowdhury, a graduate of the University of Toronto Scarborough, applied in November but had his application returned and will have to try again under the new rules.

Mr. Chowdhury, who works 50 to 60 hours a week as an assistant manager, and majored in economics and financial studies, is anxious about his prospects under the new regulations. “If they had told us to apply under the new rules it would be one thing, but now they say ‘oops,’” he said.

His mother, who came from Bangladesh for his graduation, is devastated, he added.

“She was in tears,” said Mr. Chowdhury, who estimates his education cost $120,000. “She told me: our whole hope was of you going to Canada, and we used every part of our savings so that you would flourish.”

Sources say that the criticisms of how the Express Entry program is functioning a month after its introduction could well lead to further changes, or to recent graduates requiring a lower number of points to be selected in the future.

Meanwhile, Mr. Chowdhury is hoping he picked the right country.

“A lot of my friends went to Australia, the U.K. and United States. I was looking for countries that gave me scope to qualify for residence after I graduated,” Mr. Chowdhury said.

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Immigration advisers 'stress' vulnerable clients with 'unrealistic' legal challenges

The report said: “Building of unrealistic expectations as to the likelihood of
staying in the UK by those advising them can also lead to increased
uncertainty and stress for detainees.”

It added: “The working relationship between the Home Office and external
stakeholders has all but broken down in some instances.

“There is mistrust on both sides at both the strategic and local levels – i.e.
between campaigning organisations and policy developers, and between those
representing/advising detainees and caseworkers/detention centre staff.

“These types of relationship lead to opportunities to work together to improve
the system identifying and treating mental health issues being missed.

“They can also directly impact negatively on the mental health of detainees as
a result of an unwillingness by those advising detainees to engage with
legitimate decisions to return an individual to their country of origin and,
instead, raising unrealistic expectations around the prospect of
over-turning that decision.”

Morton Hall immigration removal centre at Swinderby, Lincolnshire

It said there was “mutual antagonism” between the Home Office and
organisations representing detainees, including charities and oversight
bodies.

The Home Office, which currently detains about 3,400 people in immigration
removal centres, had “well-developed” policies in place to deal with
detainees, the report went on.

However, they did not always work smoothly in practice.

The report recommended improvements to the way custody staff deal with
detainees with mental health issues, as well as training in cultural
awareness.

In some cases staff wrongly viewed self harm as “attention-seeking behaviour”,
it said.

In the wake of the report Theresa May, the Home Secretary, announced a six
month independent inquiry into “policies and procedures affecting the
welfare of those held in immigration removal centres”.

It will be led by Stephen Shaw, a former prisons and probation ombudsman.

Mrs May said: “Immigration detention is a vital tool in helping ensure those
with no right to remain in the UK are returned to their home country.

“But I take the welfare of those in the government’s care very seriously and I
want to ensure the health and wellbeing of all detainees, some of whom may
be vulnerable, is safeguarded at all times.

“That is why I have asked Stephen Shaw, who has a wealth of relevant
experience, to undertake a comprehensive review of our immigration detention
estate.

“We are building an immigration system that is fair to British nationals and
legitimate migrants, but we must also ensure it treats those we are removing
from the UK with an equal sense of fairness.”

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Immigration advisers 'stress' vulnerable clients with 'unrealistic' legal challenges

The report said: “Building of unrealistic expectations as to the likelihood of
staying in the UK by those advising them can also lead to increased
uncertainty and stress for detainees.”

It added: “The working relationship between the Home Office and external
stakeholders has all but broken down in some instances.

“There is mistrust on both sides at both the strategic and local levels – i.e.
between campaigning organisations and policy developers, and between those
representing/advising detainees and caseworkers/detention centre staff.

“These types of relationship lead to opportunities to work together to improve
the system identifying and treating mental health issues being missed.

“They can also directly impact negatively on the mental health of detainees as
a result of an unwillingness by those advising detainees to engage with
legitimate decisions to return an individual to their country of origin and,
instead, raising unrealistic expectations around the prospect of
over-turning that decision.”

Morton Hall immigration removal centre at Swinderby, Lincolnshire

It said there was “mutual antagonism” between the Home Office and
organisations representing detainees, including charities and oversight
bodies.

The Home Office, which currently detains about 3,400 people in immigration
removal centres, had “well-developed” policies in place to deal with
detainees, the report went on.

However, they did not always work smoothly in practice.

The report recommended improvements to the way custody staff deal with
detainees with mental health issues, as well as training in cultural
awareness.

In some cases staff wrongly viewed self harm as “attention-seeking behaviour”,
it said.

In the wake of the report Theresa May, the Home Secretary, announced a six
month independent inquiry into “policies and procedures affecting the
welfare of those held in immigration removal centres”.

It will be led by Stephen Shaw, a former prisons and probation ombudsman.

Mrs May said: “Immigration detention is a vital tool in helping ensure those
with no right to remain in the UK are returned to their home country.

“But I take the welfare of those in the government’s care very seriously and I
want to ensure the health and wellbeing of all detainees, some of whom may
be vulnerable, is safeguarded at all times.

“That is why I have asked Stephen Shaw, who has a wealth of relevant
experience, to undertake a comprehensive review of our immigration detention
estate.

“We are building an immigration system that is fair to British nationals and
legitimate migrants, but we must also ensure it treats those we are removing
from the UK with an equal sense of fairness.”

Source Article from http://telegraph.feedsportal.com/c/32726/f/534871/s/4335272d/sc/8/l/0L0Stelegraph0O0Cnews0Cuknews0Cimmigration0C1140A11650CImmigration0Eadvisers0Estress0Evulnerable0Eclients0Ewith0Eunrealistic0Elegal0Echallenges0Bhtml/story01.htm
Immigration advisers 'stress' vulnerable clients with 'unrealistic' legal challenges
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