Immigration critic says Liberian ebola patient should not have received U.S. visa

An immigration expert and critic of the Obama administration’s immigration policies said Thursday that the Liberian man who fell ill with ebola this week after arriving in Dallas, should not have been issued a visitor’s visa because he presented a high risk of remaining in the United States illegally.

The expert also called on Washington to follow the example of Kenya and several other African countries, which have recently banned all visitors from Liberia and other countries affected by the outbreak of the ebola virus.

Other immigration experts disagreed with both assessments, however, saying the current U.S. visa screening process has been made extremely rigorous in the past decade and that international health agencies oppose shutting down travel to and from the ebola-stricken region.

Meanwhile, officials in Liberia said Thursday that the patient, Thomas Eric Duncan, will be prosecuted when he returns home for lying on his airport exit-screening form when asked if he had been in contact with anyone infected with ebola.

Jessica Vaughn, a researcher affiliated with the nonprofit Center for Immigration Studies in Washington, said U.S. officials had made one “mistake” by issuing Duncan a visa last year and a second error by allowing him to enter the country.

“If you look at his circumstances, it should have been really tough for him to qualify for a visa,” Vaughn said. She noted that Duncan reportedly was single, jobless, living away from his home country and had a number of relatives in the U.S. — all factors that often indicate a person is unlikely to return home after their visa expires. “He clearly appears unqualified.”

Efforts to seek comment from federal immigration officials were unsuccessful, but a former senior immigration official from the Clinton administration said that procedures for issuing visitor visas have been strengthened since the terrorists attacks of 2011 and are now “state of the art.”

“These decisions are made on the totality of information about a person. It is a highly professional function that was dramatically revamped after the lapses that preceded 9/11,” said Doris Meissner, who headed the federal immigration agency in the 1990s and is now a senior fellow at the Migration Policy Institute in Washington.

Vaughn also pointed out that Liberians have an extremely high rate of “visa overstays” — higher than all other countries except Cuba, Burundi, Eritrea and the Democratic Republic of Congo. In 2012, she said, the Department of Homeland Security reported to Congress that 148 visiting Liberians had remained in the U.S. illegally.

In the past five years, the number of Liberians issued U.S. visitors’ visas has risen sharply. Last year about 3,500 were granted to Liberians, and a total of about 13,500 were granted to people from the three ebola-stricken countries — Liberia, Guinea and Sierra Leone.

Vaughn also said that even if Duncan has legal permission to visit the U.S., he and other recent visitors from ebola-affected countries should be undergoing more rigorous screening by U.S. officials when they arrive.

“Other countries are banning travellers from outbreak countries, and we should, too,” she said. Under U.S. law, officials have the right to ban anyone from entering the country if they present a potential threat to public health or safety. “In the middle of a health crisis, the government should be setting up more robust screening protocols,” she said.

Meissner disagreed, noting that the World Health Organization and other health agencies have said that closing borders and banning travel can be counterproductive because they “weaken the ability to mobilize and respond” to a health crisis.

On Wednesday, White House spokesman Josh Earnest said there was no need for a travel ban and that administration officials are “confident” that government medical experts are doing what is needed to contain the virus. “We can stop the spread of ebola in its tracks,” he said.

Certain emergency protocols have been put in place since the ebola outbreak, including extra screening for passengers leaving on flights from Liberia and the other affected countries.

However, press reports Thursday from Liberia said that Duncan had reportedly answered “no” to a question about whether he had cared for an ebola patient or touched someone who had died from ebola. He also showed no symptoms at the time.

Duncan reportedly helped carry a sick woman to a taxi a few days before he left the country, but it was not clear at the time whether she had contracted the virus. Liberian airport officials were quoted as saying that Duncan would be prosecuted and that he and other infected travellers had brought a “stigma” on Liberians living abroad.

Several Liberian community leaders in the Washington area said that some Liberians living in Dallas and elsewhere might be reluctant to come forward with information related to visitors or other sources of infection, because they did not have legal permission to remain in the U.S. and feared they might be deported.

However, the State Department, which issues visitors’ visas, has already taken steps to defer any deportations of Liberians currently in the U.S., in order to make sure they are protected from contracting the virus if returned to their homeland.

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Immigration critic says Liberian ebola patient should not have received U.S. visa
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Fragomen Growing Rapidly in Houston, Adds Respected Immigration Leaders to Office

HOUSTON–(BUSINESS WIRE)–

Fragomen Worldwide, the world’s leading immigration service provider devoted exclusively to counseling corporate clients on global immigration law, is further bolstering its capabilities in Houston with the addition of two highly regarded immigration lawyers: R. Blake Chisam, a firm partner with extraordinary credentials in government, academia and private practice, who is relocating from Fragomen’s Washington, D.C. office; and Ben Willis, formerly practice leader and special counsel in the firm’s Brisbane office, who has moved here from Australia.

Since opening its Houston office last January, Fragomen has enjoyed significant growth here, much of it coming from companies in the global energy industry. The firm has seen a sharp rise in new clients as organizations with important global talent mobility initiatives and operations increasingly recognize the value of its unique international capabilities.

“When we joined the firm in Houston earlier this year, we were confident that Fragomen’s exclusive focus on immigration, its unsurpassed network of international offices and its in-depth understanding of the global energy industry would be appealing to companies here,” said Kelly Cobb, a partner who helped launch the office. “Adding such impressive talent will only strengthen that appeal. Blake Chisam has an unrivaled understanding of the confluence of business, government and politics, bringing truly strategic insights to client engagements. The addition of Ben Willis provides invaluable international knowledge and perspective.”

Prior to joining Fragomen in 2011, Chisam was senior counsel to the U.S. House Committee on the Judiciary’s Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law, where he focused on policy and oversight related to an array of immigration-related issues. He also served as staff director and chief counsel for the U.S. House Committee on Standards of Official Conduct and senior policy advisor to U.S. Rep. Zoe Lofgren (D-CA). Chisam, a sought-after speaker and guest lecturer, is co-author of the book Immigration Practice. In 2000, he was award the Meritorious Public Service Award by former Attorney General Janet Reno.

Willis, an Australian Accredited Immigration Law Specialist, is now director of client services in Fragomen’s Houston office, where he focuses primarily on servicing the energy sector and coordinating the global mobility needs of international clients. For the past several years he has worked primarily to secure the most qualified employees for the firm’s energy clients and their international projects. Importantly, Willis is helping to ensure that Fragomen’s corporate clients maintain compliance with the many challenging regulations in multiple jurisdictions for their global workforces.

“Fragomen has long recognized the benefits of combining global resources with an on-the-ground presence in the communities where our clients are located,” said Chisam. “Houston is an exciting, dynamic and internationally focused business center. Expanding our team here is clear evidence of the firm’s confidence in Houston’s future and its commitment to our business here.”

“Our Houston clients are very similar to our Brisbane clients in that the personal relationship is of critical importance,” commented Willis. “By being based here, I am able to leverage Fragomen’s extensive worldwide network and provide our clients with accessible global mobility resources right here on the ground in Houston— irrespective of where they need to mobilize their employees.”

About Fragomen Worldwide

Fragomen Worldwide is recognized as the world’s leading global corporate immigration services provider. The firm employs more than 500 attorneys, solicitors or similar immigration professionals, and over 1,500 additional immigration professionals and staff located in more than 40 offices in 21 countries. For more than 60 years, Fragomen has represented a broad range of companies, organizations and emerging businesses, working in partnership with clients to facilitate the hiring and transfer of employees worldwide. For detailed information about Fragomen’s practice, please visit www.fragomen.com.

Contact:
Fragomen Worldwide
Robert Horsley, 212-230-2888
rhorsley@fragomen.com

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Growing evidence that Obama’s decision to wait on immigration is hurting Democrats

Less than a month after President Obama announced he would delay using his executive authority to reform immigration laws, there is evidence that the decision is doing exactly what he hoped to avoid: hurting Democrats.

Activists in key states say it is increasingly difficult to register would-be Latino voters who would vote for Democrats because of unhappiness over the decision. Poll numbers for Obama and Democrats have also dropped farther among Hispanics than the population at large. One group has even launched a campaign against four Democratic senators who backed a GOP proposal to bar Obama from taking any executive action on immigration.

“The president has not helped us,” said activist Leo Murietta, 28, who is working to register Latino voters in Colorado for Mi Familia Vota. “People are disappointed. They wanted action, they wanted activity, they wanted movement.”

With so many congressional and gubernatorial candidates locked in close races this year, Democrats can’t afford signs of complacency or sagging support. But Murietta and others believe that only action — not promises of action — will help spur increased turnout among Hispanics with just five weeks until Election Day.

Obama is scheduled to speak Thursday night at a gala hosted by the Congressional Hispanic Caucus — his first appearance in front of the group in three years. The address is expected to include a mention of his commitment to immigration reform and a vow “to fix as much of our immigration system as he can on his own,” according to a senior administration official familiar with his plans.

But outside the gala, dozens of protesters plan to picket Obama and the lawmakers who invited him, alleging a “brutal betrayal” of Latinos, according to organizers. And inside the room, Obama will be among the lawmakers most upset by his decision to wait.

“We would not wait until after November if it was an issue affecting the gay and lesbian community,” Rep. Luis V. Gutierrez (D-Ill.), a critic of Obama’s work on immigration, said at the conference Wednesday afternoon. “If this was about womens’ reproductive rights, if this was about the minimum wage, if this was about a series of other issues, the Democratic Party would come together.”

Rep. Joaquin Castro (D-Tex.) said he’s found widespread frustration. “A lot of people understand there’s a political calculation, but those same people understand there’s a lot of people suffering because he didn’t act,” he said in an interview.

Labor Secretary Tom Perez, who is under consideration as Obama’s next attorney general, sought to reassure conference attendees Wednesday. But his message fell flat.

“The question of executive action, my friends, is a ‘when?’ question,” Perez said. Immigration, he added later, “is all about his values and his leadership. And that’s why I love working for this president.”

It’s the kind of line that might earn a response from a friendly crowd — but nobody in the room applauded.

Obama was already suffering from gradual disenchantment among Hispanics before he made his decision last month to delay action on immigration. In a Washington Post-ABC News poll last July, Obama had a 68 percent approval among Hispanics for his handling immigration. By September, that number had dropped to 42 percent.

From 2012 to 2013 Obama went from 75 percent approval to 52 percent among Hispanics in national Gallup polls; he’s at 48 percent among Hispanics in the group’s most recent approval tracking this month.

Maria Teresa Kumar, president of Voto Latino, a nonpartisan group seeking to register young Hispanic voters, told conference attendees that despite any misgivings, Latinos need to turn out this year in record numbers to remind Obama, his party and Republicans that they want the immigration issue settled.

“Until we try to actually recognize that our number one initiative is to organize each other…we’re always going to be left behind,” she said. “And it gets to a point that it’s no longer anyone’s fault but our own.”

But far beyond Washington, activists are struggling to convince skeptics.

On a busy day, Murietta and his team fan out to find would-be voters at grocery stores, elementary schools and bus stops in Denver and Pueblo, Colo. Murietta said the typical number of sign-ups has plummeted from maybe a dozen a day before Obama’s decision to as few as three a day now.

“Less people are willing to talk about elections,” he said. “We’ve just had to get more creative and really find ways to talk about the issues and the elections.”

There’s similar resistance in Arizona, said Raquel Teran, who leads a team of 35 scouring the Phoenix and Tucson areas for new voters.

“If [Obama] would have acted before the election absolutely it would have been easier,” she said. “A lot of the Latino community are watching how the debate is advancing and there would be energy.”

Some activists are also encouraging Latinos to skip voting on a key contest: their U.S. Senate race.

Presente.org, a Los Angeles-based Latino rights group claiming 250,000 members nationwide, is encouraging followers in four states to skip voting to reelect Democratic Sens. Mark Pryor (Ark.), Mary Landrieu (La.), Jeanne Shaheen (N.H.) and Kay Hagan (N.C.). Those states have about 353,000 eligible Latino voters — a small number, but a potentially critical bloc of support in close races.

All four senators, along with Sen. Joe Manchin III (D-W. Va.), voted with Republicans last month on a GOP attempt to roll back Obama’s program giving temporary legal status to hundreds of thousands of children of illegal immigrants.

Presente — which specializes in using social media and text messaging to rally supporters — is using microtargeted Facebook ads to tell members in Arkansas, Louisiana, New Hampshire and North Carolina that the senators voted with Republicans “in an effort to derail President Obama’s executive action that would provide relief for immigrants.”

“By no means are we saying vote Republican, we’re simply saying that on that item on the ballot, skip it,” said Arturo Carmona, executive director of Presente. Instead of voting in the Senate race, “There are a lot of other important items on the ballot that they should pay attention to,” he said.

Representatives of the Democratic campaigns did not respond to requests for comment. Other activists suggested the boycott would have little, if any, impact.

“It’s not going to work. It’s being a little disingenuous and insulting,” said Ben Monterroso, executive director of Mi Familia Vota.

Castro said that if voters express any doubts about Obama or Democrats, he tells them: “The chances of passing comprehensive immigration reform if Republicans take over the Senate are even more slim than they are now.”

Katie Zezima and polling analyst Peyton Craighill contributed to this report.

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Growing evidence that Obama’s decision to wait on immigration is hurting Democrats
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Georgia congressman, law professors join debate over immigration

A Republican congressman and three law professors from Georgia have joined the fray over revamping the nation’s immigration system.

U.S. Rep. Doug Collins of Gainesville last week united with several other Republican congressmen in pressing President Barack Obama for details about what he will do concerning the hot button issue.

Obama has pledged to act independently now that immigration overhaul legislation is stalled in Congress. He is expected to announce — after the Nov. 4 congressional elections — protections for immigrants living without legal status in the U.S.

One possibility is an expansion of an Obama administration program called Deferred Action for Childhood Arrivals. That program grants deportation deferrals and work permits to immigrants who were brought here as children, who graduated from high school here and who have not been convicted of any felonies.

Supporters say that program is a humane way to treat young immigrants who did not choose to come here and who would struggle if they were deported to their native countries. Republican lawmakers say the program is an illegal end run around Congress.

“Regarding actions you are planning that you believe would comply with the Constitution, the least the administration can do is give Americans the opportunity to see the recommendations that you are considering before you take any actions,” says the letter from Collins and fellow Republicans on the House Judiciary Committee.

“Rather than attempt to hide these actions from the American people until after the midterm elections, Americans should be given the chance to come to their own conclusions as to the merits of these recommendations. They can then exercise their constitutional right to petition the federal government and let you know their opinions.”

A White House spokeswoman said the Obama administration would review the letter and respond.

Also this month, three Georgians were among 136 law professors who signed a separate letter to Obama this month, making the case that he has the power to shield certain immigrants from deportation. They cited U.S. Supreme Court case law and actions taken by Congress and Republican presidential administrations. Among those who signed the letter are Jason Cade of the University of Georgia, Charles Kuck of Emory University, and Joseph Rosen of Atlanta’s John Marshall Law School.

“We believe the administration has the legal authority to use prosecutorial discretion as a tool for managing resources and protecting individuals residing in and contributing to the United States in meaningful ways,” their letter says.

The Georgia law professor sent some additional thoughts by email Tuesday. Here is some of what they said:

Cade: “In short, the smart use of enforcement discretion in immigration law allows the government to use its limited resources to focus on the worst or most dangerous offenders, and, in appropriate cases (or categories), avoid the economic and human costs that can result from seeking removal indiscriminately.”

Kuck: “The President has been given broad discretion by Congress on Immigration law. He should use his executive authority and revise immigration rules and regulations to broadly correct some of the most unjust issues of our legal immigration system — issues which contribute mightily to undocumented immigration and which stunt our economic growth.”

Rosen: “This is the opportunity for the president through executive action, and (U.S. Immigration and Customs Enforcement) attorneys through prosecutorial discretion, to do the right thing. It is time for America to show the compassion and justice that are the foundations of this country.”

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Denver judges consider border immigration cases

DENVER (AP) — While her 5-year-old son slept in her arms, a woman from El Salvador spoke of fleeing the sexual harassment of violent gang members, as immigration judges in Denver began video proceedings Monday in asylum cases of mothers and children being held at a remote New Mexico deportation center.

The 27-year-old woman, who appeared over a video screen and spoke through a translator, promised a judge she would not flee if she were released to family in Los Angeles and vowed to seek U.S. citizenship.

Hers was among the first of scores of cases that have been moved from Arlington, Virginia, to judges in Denver. Officials say it makes more sense to hold the proceedings in the same time zone as the detention center in Artesia, New Mexico.

The change in venue came after immigration lawyers filed a lawsuit seeking to block deportations from Artesia, saying immigrants don’t have proper access to lawyers and were being forced to clean restrooms and retell stories of violence and rape in front of children.

A surge of cases involving immigrants from Central America has backed up federal courts and U.S. Immigration and Customs Enforcement. Immigration judges Eileen Trujillo and Donn Livingston were scheduled to hear 36 cases Monday, most involving women from El Salvador, Guatemala and Honduras.

Colorado Springs immigration attorney Stephanie Izaguirre, who has traveled to Artesia to represent immigrants, welcomed the change in courts. She said some of the children were getting sick and refused to eat the food in the detention center.

Most of the women are seeking asylum from abusive relatives and violent street gangs. Accompanied by an 11-year-old daughter, Izaguirre’s client said she was fleeing a violent husband in El Salvador who was recently released from prison in a murder case.

Izaguirre testified that the woman’s husband is looking for her now that he is free, so she fled to the U.S. with the help of smugglers. She did not get far before she was stopped by U.S. Border Patrol agents.

Trujillo postponed a bond hearing for that woman. Later, she set a $5,000 bond for the woman and her 5-year-old son seeking to live with her parents in Los Angeles.

The judge’s order came over the objections of Homeland Security attorney Nathan Herbert, who cited, among other concerns, national security risks posed by the recent influx of immigrants.

“I understand the general problem with people being allowed to enter the country unimpeded,” Judge Livingston said before setting a $12,000 bond for yet another woman who said she was beaten and raped in El Salvador when she refused to date a gang member.

Livingston said the woman’s U.S. connections, including family in Kansas City, Kansas, took precedence over U.S. security concerns.

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1st lawsuit filed over immigration law enforcement

PHOENIX (AP) — A Mexican woman who claims her five-day detention at a federal immigration office was an illegal arrest filed the first lawsuit challenging enforcement of Arizona’s landmark immigration enforcement law.

Opponents of the 2010 law have already filed lawsuits that questioned the constitutionality of the law’s provisions, but Thursday’s filing by Maria del Rosario Cortes Camacho marks a new type of challenge that alleges constitutional violations in how a police agency enforced the law.

Cortes, a domestic violence victim who had applied for a visa allowing her to remain in the U.S. to assist authorities with the case, alleged two Pinal County sheriff’s deputies had unreasonably prolonged the length of a September 2012 traffic stop that was prompted by her cracked windshield. She also accuses the officers of making an illegal arrest by bringing her in handcuffs to a Border Patrol office about 13 miles away where she was detained for five days.

“Our deputies took the exact actions as what is required by law,” Pinal County Sheriff Paul Babeu said in a written statement.

In the earlier lawsuits over the law, critics said Latinos in Arizona would face systematic racial profiling in the enforcement of the statute and argued that the state law was trumped by federal immigration statutes.

The U.S. Supreme Court has upheld the Arizona law’s most contentious section — a requirement that police, while enforcing other laws, question the immigration status of those suspected of being in the country illegally. But the courts have either struck down or blocked enforcement of other sections of the law known as SB1070, such as a requirement that immigrants carry registration.

While Cortes’ case marks the first challenge based on the law’s enforcement, several legal claims that serve as precursors to lawsuits have been filed in Tucson and South Tucson, alleging violation in how the law is carried out.

Cortes was pulled over in Eloy, about 65 miles southeast of Phoenix, as she was driving home and told one of the officers about her visa application but he wasn’t interested in looking at it, according to the lawsuit. She was cited for having a cracked windshield, driving without a license and failing to show proof of insurance. Cortes was taken to a Border Patrol office in nearby Casa Grande.

The lawsuit alleges the officers violated Cortes’ Fourth Amendment right to be free from unreasonable seizures by prolonging the length of her stop after the original purpose of the traffic stop was completed. She alleges the stop was prolonged based on her immigration status.

Dan Pochoda, legal director of the American Civil Liberties Union of Arizona, which filed the lawsuit, said the officers didn’t understand it’s generally not a criminal act for an immigrant without permission to be in the country to remain in the United States, so the deputies’ belief that she was here illegally didn’t provide constitutional justification for detaining her.

“To say that SB1070 made me do it feeds into some people’s worst law enforcement practices,” Pochoda said.

Babeu said Cortes acknowledged not being a U.S. citizen, was cited for traffic violations and, as part of enforcing state immigration law, was brought to a federal immigration office so authorities there could determine her immigration status.

Cortes, who didn’t allege racial profiling in her lawsuit, is seeking unspecified damages.

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1st suit filed over enforcement of immigration law

PHOENIX (AP) — A Mexican woman who claims her five-day detention at a federal immigration office was an illegal arrest filed the first lawsuit challenging enforcement of Arizona’s landmark immigration enforcement law.

Opponents of the 2008 law have already filed lawsuits that questioned the constitutionality of the law’s provisions, but Thursday’s filing by Maria del Rosario Cortes Camacho marks a new type of challenge that alleges constitutional violations in how a police agency enforced the law.

Cortes, a domestic violence victim who had applied for a visa allowing her to remain in the U.S. to assist authorities with the case, alleged two Pinal County sheriff’s deputies had unreasonably prolonged the length of a September 2012 traffic stop that was prompted by her cracked windshield. She also accuses the officers of making an illegal arrest by bringing her in handcuffs to a Border Patrol office about 13 miles away where she was detained for five days.

“Our deputies took the exact actions as what is required by law,” Pinal County Sheriff Paul Babeu said in a written statement.

In the earlier lawsuits over the law, critics said Latinos in Arizona would face systematic racial profiling in the enforcement of the statute and argued that the state law was trumped by federal immigration statutes.

The U.S. Supreme Court has upheld the Arizona law’s most contentious section — a requirement that police, while enforcing other laws, question the immigration status of those suspected of being in the country illegally. But the courts have either struck down or blocked enforcement of other sections of the law known as SB1070, such as a requirement that immigrants carry registration.

While Cortes’ case marks the first challenge based on the law’s enforcement, several legal claims that serve as precursors to lawsuits have been filed in Tucson and South Tucson, alleging violation in how the law is carried out.

Cortes was pulled over in Eloy, about 65 miles southeast of Phoenix, as she was driving home and told one of the officers about her visa application but he wasn’t interested in looking at it, according to the lawsuit. She was cited for having a cracked windshield, driving without a license and failing to show proof of insurance. Cortes was taken to a Border Patrol office in nearby Casa Grande.

The lawsuit alleges the officers violated Cortes’ Fourth Amendment right to be free from unreasonable seizures by prolonging the length of her stop after the original purpose of the traffic stop was completed. She alleges the stop was prolonged based on her immigration status.

Dan Pochoda, legal director of the American Civil Liberties Union of Arizona, which filed the lawsuit, said the officers didn’t understand it’s generally not a criminal act for an immigrant without permission to be in the country to remain in the United States, so the deputies’ belief that she was here illegally didn’t provide constitutional justification for detaining her.

“To say that SB1070 made me do it feeds into some people’s worst law enforcement practices,” Pochoda said.

Babeu said Cortes acknowledged not being a U.S. citizen, was cited for traffic violations and, as part of enforcing state immigration law, was brought to a federal immigration office so authorities there could determine her immigration status.

Cortes, who didn’t allege racial profiling in her lawsuit, is seeking unspecified damages.

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U.S. immigration agents arrest 19 for human rights violations

By Ian Simpson

WASHINGTON (Reuters) – U.S. immigration agents have arrested 19 fugitives sought for human rights violations committed in other countries, Immigration and Customs Enforcement said on Wednesday.

Arrested last week during Operation No Safe Haven, the first nationwide crackdown of its kind, the 19 have outstanding removal orders and are subject to being deported, the agency said in a statement.

Eight of the 19 are also convicted criminals. Those arrested and their home countries were not identified.

They include a West African man implicated in human rights atrocities who had been a member of a revolutionary group that murdered women and children, the statement said.

A second man was from Central America and served in a military unit implicated in human rights atrocities during civil war in the 1980s. Agents who searched his home found a cache of firearms and ammunition, it said.

Another Central American man had served in military and national police units that carried out human rights violations, the statement said.

Since 2004, ICE has arrested more than 270 people for human rights-related violations and deported more than 650 known or suspected human rights violators from the United States, it said.

ICE is pursuing more than 1,800 leads and removal cases involving suspected human rights violators from 97 countries, it said.

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Backlogged Denver immigration courts will take on glut of asylum cases

Denver immigration judges will be shifted away from the growing backlog of Colorado cases and will begin hearing video asylum cases next week for some of the more than 600 mothers with children and unaccompanied minors detained in Artesia, N.M.

Switching the video hearings from judges in Arlington, Va., to Denver means that immigrants who have been held in highly criticized conditions and dealt with in controversial judicial proceedings in remote Artesia near the Mexican border likely will be treated more fairly, immigration attorneys say.

“I have every confidence that Denver judges will be more fair,” said Boulder-based immigration attorney Laura Lichter, who has been traveling to Artesia to represent detainees for more than a month and said that the living conditions are “a hellhole”and the way court cases are handled is “appalling.”

“I have run out of words strong enough to describe the process there,” she said. “We are seeing not only contempt for mothers and children detained down there. We are also seeing contempt for the rule of law.”

Half a dozen rights groups recently filed suit against the federal government to stop what they view as violations of due process at Artesia. The Department of Homeland Security has another 30 days to answer that complaint.

Department of Justice spokeswoman Kathryn Mattingly did not say the docket shift to Denver had anything to do with the lawsuit or the many complaints directed at Artesia. She said the change is more of a practical matter that puts the Artesia cases in a court that may be nine hours away but is in the same time zone.

The Denver courts — one in downtown Denver and one at the immigration detention center in Aurora — are already operating with a shortage of judges. Two judges retired in the past year and have not been replaced. Two judges will now handle Artesia cases while a third will continue to handle cases already on the dockets for unaccompanied minors and those currently in detention in Aurora.

Currently there are 8,009 cases pending in the Denver immigration courts. Hearing dates are being set as far out as 2018.

Mattingly said her agency will continue to shift resources around in immigration courts and to make changes as the influx of asylum seekers on the southern border continues.

Lichter and other immigration attorneys who have volunteered to represent clients in Artesia during the Arlington-based video hearings say that many immigrants seeking asylum because of persecution and violence in their home countries have been rushed through the system with no representation. Victims of rape and assaults have had to describe the attacks to judges in front of their children. Illiterate defendants have been coerced into signing documents they don’t understand.

“The general feeling is that we are really happy to have these cases in Denver,” said Denver immigration attorney Bryon Large, who also lamented the increased backlog of other immigration cases.

Nancy Lofholm: 970-256-1957, nlofholm@denverpost.com or twitter.com/nlofholm

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Obama and immigration: High hopes, a mixed record

WASHINGTON (AP) — There were about 30, all Mexican nationals desperate to avoid deportations that would separate them from their families. Living in Illinois, they appealed for help from their new U.S. senator, Barack Obama.

He turned them down.

It was one of the first times Obama could have used the power of his office to help defer the removal of immigrants who were in the United States illegally. Eight years later, with his powers magnified as president, such a decision is upon him again, this time with the status of millions of immigrants at stake.

That episode in 2006 represents just one early marker in Obama’s complicated history with the politics of immigration. The son of a Kenyan immigrant, Obama has been embraced and scorned by immigrant advocates who have viewed him as both a champion and an obstacle to their cause.

Now, perhaps paradoxically, in their anger over his delay of executive actions that potentially could give work permits to millions of immigrants living illegally in this country, these advocacy groups also hold out hope that when Obama does act, he will be aggressive and leave a mark for posterity.

“Some of the hard feelings could be forgotten at the end of the day if he acts boldly,” said Janet Murguia, the president of the National Council of La Raza, a leading Latino advocacy group.

Obama’s record on immigration, however, is one of caution and deliberation punctuated by moments of determination amid some broken promises. With the president delaying executive action until after the November congressional elections, some Democrats worry that expectations have been raised beyond what he can deliver.

“If they weren’t sky high before, they are now,” said Jim Manley, a former top aide to Senate Majority Leader Harry Reid, D-Nev. “I’m not convinced they will meet the expectations of the Hispanic community.”

White House officials say the delay will not affect the scope of what Obama intends to do. They play down suggestions he is looking to build his legacy with the decision.

“The goal is going to be to do as meaningful a package of reforms as is available to the president through his executive authority,” White House communications director Jennifer Palmieri said. “I don’t think that is going to manifestly change from September to when we do this later this year.”

The 2006 incident with the immigrants seeking to avoid deportation illustrates Obama’s past reluctance to act unilaterally and calls attention to the on-and-off relationship he has had with leaders in the Latino community.

As Obama recalls in his book “The Audacity of Hope,” a group of Chicago community advocates visited his office seeking legislation to legalize the status of that small group of Mexican immigrants. Obama didn’t want to provide special dispensation to a select group and sent an aide to decline the request, leading to a confrontation.

That year, Obama also angered Latino leaders when he voted to erect a 700-mile double fence along the U.S.-Mexico border. The measure passed the Senate 80-19, over the objections of many Latino groups who saw it as an enforcement-only alternative to a comprehensive immigration overhaul.

Over time, Obama would build a varied immigration record:

—He backed compromise legislation in 2007 from Sens. Edward Kennedy, D-Mass., and John McCain, R-Ariz., to overhaul immigration laws. Whether his support for a labor-backed change to the legislation contributed to the bill’s demise remains a point of debate.

—During the 2008 Democratic presidential campaign, Obama took the side of pro-immigrant forces in supporting driver’s licenses for immigrants living illegally in the United States. That stand distinguished him from Hillary Rodham Clinton, who opposed them.

—Obama galvanized Latino voters with promises to take up an immigration overhaul during his presidency’s first year. But once in office, he backed off to deal with the recession and launch a health care overhaul.

—Under his watch, deportation numbers began to rise. Immigration groups protested; Obama argued he could not act unilaterally to reduce deportations.

—In 2012, as he campaigned for re-election, his administration announced a plan to defer deportation for certain immigrants who entered the country illegally as children. Since then, the program has deferred deportation and provided work permits for nearly 600,000 immigrants.

—He backed bipartisan comprehensive immigration legislation passed in the Senate in 2013 and held out hope the Republican-controlled House would follow. This past June, Obama was finally convinced the House would not vote, and he promised to act on his own shortly after summer’s end.

—This month, Obama decided to wait until after the elections, saying he worried his actions would be undermined by campaign politics and damage any prospects of future legislation.

For Obama’s executive actions to be embraced by Latino and immigrant advocates, Murguia said, the number of people helped must far surpass the number of deportations under his administration — 2 million-plus, already.

“If he does 3 million or less, then years from now it could be said he deported as many people as he protected,” Murguia said.

White House officials caution that without a change in the law, Obama’s actions are limited.

“Whatever we do is going to be imperfect,” Palmieri said, “and is not going to be as big as we need.”

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