Civil Rights Complaint: Asylum seekers deported in expedited removal, border patrol officers ignoring policy

There are nine individuals identified in the complaint, who were deported from the U.S. to countries where they faced persecution.

There are nine individuals identified in the complaint, who were deported from the U.S. to countries where they faced persecution.

U.S. Customs and Border Protection (“CBP”), in a civil rights complaint, is alleged to overlook, ignore or block refugees from claiming asylum in the U.S. Often without a hearing or proper screening people are deported through the expedited removal process, even when they express fear of persecution and seek asylum in the U.S.

Authentic asylum seekers are blacklisted when they are improperly removed.

When an immigrant arrives in the U.S., they may seek asylum and, if eligible, they may be allowed to remain in the U.S. pending the outcome of their application. One of the eligibility requirements is that the individual has not previously been subject of a removal order. If CBP is deporting immigrants with authentic asylum pleas, they will later be blocked from admission to the U.S. because they will not be eligible because of their removal order, even if it is not warranted and was issued in mistake or neglect.

There are nine individuals identified in the complaint, who were deported from the U.S. to countries where they faced persecution. All nine of them were deported without hearings, were subject to renewed persecution in their country of origin and when they returned to the U.S. they were determined ineligible because of their prior removal. These individuals now are in the status of withholding of removal, and are subject to removal orders which the government agrees to withhold indefinitely.

The civil rights complaint calls for increased officer training and oversight.

In the civil rights complaint filed on November 13th with the Department of Homeland Security (“DHS”) Office of Civil Rights and Civil Liberties, identifies CBP officers regularly thwarting the current systems and processes are the southern border officers where many Central Americans arrive in the U.S. after fleeing gangs, violence and persecution. In a statement by Keren Zwick, managing attorney for Heartland Alliance National Immigrant Justice Center reported, “CBP officers have tremendous power over the fate of people who come to our borders seeking refuge, and what comes a corresponding obligation to ensure our government does not deport anyone back to countries where they may be persecuted or tortured…Unfortunately many officers abuse that power.”

People who come to the U.S. to seek asylum often leave countries where they face persecution for their race, political, religious, sexual and other beliefs and associations. In cases, the asylum seekers fear torture and death. The single act of fleeing to the U.S. can cause serious problems for deported immigrants not able to seek asylum.

The complaint, prepared with the input from a significant collection of human rights groups and lawyers, requests that the DHS civil rights office make the following recommendations to CBP:

  1. Train CBP officers to ensure they understand the agency’s asylum screening requirements and are sensitive to the circumstances of recently arrived asylum seekers.
  2. Improve oversight to ensure officers comply with proper asylum screening procedures during the expedited removal process.
  3. Reinforce to CBP officers that they are not responsible for adjudicating individuals’ asylum claims, but must refer individuals who express a fear of persecution to the U.S. Citizenship and Immigration Services Asylum Office.

While this complaint is reviewed for consideration, many look to Capitol Hill awaiting action on immigration reform by President Obama’s executive order or an act by Congress that would fix the current outdated and broken system of immigration law and policy.

Immigration attorney, KiKi M. Mosley frequently represents asylum applicants at Asylum offices and immigration courts and can help asylum applicants at any part of the immigration process. Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including and related options for undocumented immigrants seeking immigration relief. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

A recent increase in immigrant children causes frustration on both sides of U.S. borders

There is an assumption among many Latino communities that children showing up alone at U.S. border will be allowed to go free.

There is an assumption among many Latino communities that children showing up alone at U.S. border will be allowed to go free.

Unaccompanied minors from Central America have been arriving at the United States/Mexico border in unprecedented numbers.   President Obama’s administration has taken measures to manage the influx of children who need shelter, sponsors, legal representation and administrative staff to document the incoming children fleeing gang violence in primarily in Guatemala, Honduras and El Salvador.

These children arriving in the U.S. need help, especially legal assistance, as explained in our blog article, Thousands of unaccompanied minor immigrant children need comprehensive immigration reform. If they appear at their court dates, many might not understand the process and can easily become removable to the countries from which they came despite their misunderstanding of the U.S. immigration system and its complex policies.

There is an assumption among many Latino communities that children showing up alone at U.S. border will be allowed to go free.

Violence in Central America is a common reason many families are sending their children north to seek shelter and a safer life in the U.S., often with relatives. The trip through dangerous territory is expensive and many do not make it safely to the other side. Many believe that the U.S. is lenient on children and foreign parents believe their children will be safer after crossing the border.

Lucy Cabrera was terrified during her son and daughter’s journey to the U.S. Cabrera borrowed money to pay guides in Guatemala and Mexico help get her kids safely on U.S. soil. Along the way, her children called from Honduras after gangs threatened them. Finally, they made it to their destination and called their mother from a U.S. detention facility in Arizona. “Thank God they are safe now. It all happened so fast,” said Cabrera[i].

This video that shows the reality of the situation: CNN Video – Border detention of children shames America.

Immigrants arriving in the U.S. to find overcrowding in detention centers. Many children are being dropped off at bus stations with a court date on their Notice to Appear in immigration court. If the immigrants have family in the U.S. they are released and sent on their way with pending court dates at which many will not appear as noted in a recent news report[ii]. The children who remain in detention centers face poor conditions. These border facilities lack “enough food, beds, or sanitary facilities to provide for the children,” CNN has reported.

KiKi M. Mosley is an immigration attorney who can help families with children coming to the U.S. who are given a “Notice to Appear” at immigration court. She helps them apply for relief allowed by immigration law and policy written to give undocumented immigrants options while comprehensive immigration reform is not yet passed in the U.S.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues including applications for temporary immigration relief and adjustments of immigration status. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile.

[i] Washington Post: Immigrant parents urge U.S. officials to help their children flee Central American violence. By Pamela Contable, Jun. 12, 2014.

[ii] CNN, Border detention of children shames America. By Ruben Navarrette, Jun. 12, 2014.

About student visas and opportunities to study in the U.S.

"Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States." U.S. Department of State

“Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States.” U.S. Department of State

High school students who grow up in prospering, yet still developing countries, have many choices to make when they consider their options for college. Many more of these students now consider colleges and universities in the U.S. Current social media enhances these families ability to explore what the United States has to offer, educationally.   The U.S. Department of State issues student visas, often known as F-1 and M-1 visas, allowing a citizen of a foreign country to enter the U.S. to study at an approved school. The F-1 visa is the most commonly issued visa covering most forms of study, most commonly high school, college, and private elementary schools (often used by the children of foreign workers living in the U.S.), while the M-1 visa is specifically reserved for vocational and technical schools[i]. There are several visa options that match the duration and type of education program involved.

Before applying for a visa, the student must first be accepted to an approved school.

If students first apply and are accepted to approved schools, they are then able to apply for the proper student visa through a U.S. embassy or consulate.  Some student visa applicants are already in the U.S. under other types of visas and applications to transfer to a student visa can be difficult and immigration attorneys help students and their families with the application processes.

Recipients of student visas often find that they have a need, during or at the conclusion of their tenure as a student, to transition to an employment-based visa or perhaps a family-based upon.  It is important that students know their legal options well ahead of graduation as these processes can often take a great deal of time and planning.

The process of obtaining a visa and transferring to a new visa is complex and it is best to work with an immigration attorney.

The attorneys at the Law Offices of KiKi M. Mosley work with student visa applicants and can explain the process and what a student visa applicant can expect. It is important to be careful and be aware of “notarios” and/or “immigration consultants” who are not attorneys and are not allowed to represent student visa applicants. Anyone considering applying for a student visa should ask many questions and be assured they and their families understand the process.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues and can help with the process of applying for and maintaining student visas.  Ms. Mosley can practice immigration law in any of the 50 United States, U.S. territories, and consulates abroad.   For more information about the law firm, please tap/click here to visit the rest of the website, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter or Google Plus.

Coming to study in the U.S. can be a big decision not to take lightly.

Finally, anyone considering coming to the U.S. to study should think about the impact on friends, families and employers. Some students come to the U.S. to study and intend to move back to their home country immediately after graduation. What happens if you come to the U.S. and fall in love and get married. Will you still return to your home country? Will you stay in the U.S. and get married? If so, will your mother, sister or brother want to come to the U.S. to share in adventure? There are so many questions we can all ask when thinking about student visas and immigration. Please feel free to contact the Law Offices of KiKi M. Mosley to ask any questions you may have about student visas and immigration.


[i] U.S. Department of State website: Student visas

Attorney KiKi M. Mosley interviewed about immigration reform and new immigration options

Chicago Immigration Attorney, KiKi M. Mosley was recently interviewed on the Law Talk Radio Internet radio podcast regarding immigration reform and new options for immigrants seeking legal status.

Immigration reform has been in the spotlight of several news programs, professional groups and several websites and social media pages devoted to the development of a United States immigration system that reflects present day values, politics and a mobile work force. Comprehensive reform remains a goal of many and today immigration attorney, KiKi M. Mosely is our guest to share correct information about the status of immigration and reform today.

Immigration reform has been in the spotlight of several news programs, professional groups and several websites and social media pages devoted to the development of a United States immigration system that reflects present day values, politics and a mobile work force. Comprehensive reform remains a goal of many and today immigration attorney, KiKi M. Mosely is our guest to share correct information about the status of immigration and reform today.

Attorney Mosley explained that comprehensive immigration reform is not yet the law in the United States. Rather, the proposed bill better known as “Boarder Security Economic Opportunity and Immigration Modernization Act, also known as S744,” did pass the United States Senate but it failed in the House of Representatives.   Attorney Mosley further stated that she receives two to three calls per day from people seeking protection under what they believe is the new immigration reform law. Additionally, she suggests that what we may end up seeing in the way of reform could appear somewhat different from the currently proposed bill.

Is there a reason opponents to S744 dislike the bill or is this just partisan opposition?

The main sticking point according to Attorney Mosley is Southern border security, and many Republican oppose the current bill as written. The five main sections of the current bill are generally referred to as: Boarder Security; Immigrant Visas; Interior Enforcement (of current immigration laws); Reform to the Non-Immigrant Visa program; and Jobs for Youths.

Topics covered in the Law Talk Radio interview, (click/tap the title to listen) “About Immigration Reform and Options with KiKi M. Mosley” include the following: (1) The status of our immigration system today and the issues regarding reform; (2) What immigrants to the U.S. should know about Deferred Action for Childhood Arrivals (DACA); (3) Provisional (Stateside) Waivers, who may apply for them and what is involved; (4) Additional advice for men, women and families desiring U.S. citizenship.

Highlights of this interview address immigration reform, Deferred Action for Childhood Arrivals, Provisional Waivers and immigration information, generally.

Everyone wants “the new law,” but again, things are still in the air until the House of Representatives votes to pass a version of the Act satisfying Southern Border Security concerns.

What is unique about the Bill as proposed are the five elements are tied together with a system of triggers and stages. By example, in order for the Registered Provisional Immigrant Status, to come into effect, which would allow undocumented immigrants “come online” and drive legally, and make steps to move closer to lawful permanent residence, this subsection may require agreement and accomplishment on Southern Border Security.

Attorney Mosley also opined that many of the members of the House of Representatives are not happy with the notion that several thousand undocumented immigrants who entered illegally may be rewarded with a Registered Provisional Immigrant Status. She identified a few bars to this status, such as drinking and driving violations, criminal convictions, domestic violence infractions and so forth.

Listen to the interview by clicking/tapping here to listen to further detail and explanations about the RPI program and more immigration reform issues including Deferred Action for Childhood Arrivals and Provisional (Stateside) Waivers.

Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues. For more information about the law firm, please tap/click here to visit the rest of the website, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter or Google Plus.