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INS Office statements:
- In a 1/9/03 meeting, LA INS indicated that it had received guidance from DOJ that should result in fewer detentions. People with pending adjustment of status applications with no adverse factors WILL NOT BE DETAINED. Solely having an approved I-130 and a priority date is not immediate relief. If an NTA is issued, they will be released on their own recognizance (if there are no adverse factors).
- In the 1/9 meeting, it was announced that people previously detained who have relief available (e.g., an adjustment application pending) will be sent a letter saying the NTA will be withdrawn. If the NTA has already been filed with the immigration court, the INS will consider terminating the matter on a case-by-case basis.
- Registrants who are out-of-status and "criminal registrants" will be detained and bonds set.
- The new Acting District Director indicates, as of 12/16/02, that earlier policies noted below have been changed. Now, anyone considered out-of-status will be arrested and held until they have been cleared through security checks.
- Early statements indicated that, if the individual "has EVER been out-of-status", he will be detained and put in removal proceedings, EVEN IF an adjustment of status application is pending. Later, LA indicated that it has prosecutorial discretion to proceed. Later still, LA indicated that it will not be exercising prosecutorial discretion, but will be detaining all individuals considered to be out of status.
- After a background check is completed, bond will be considered.
- As of 12/4, LA was registering 50-60 people per day. It had referred two people to investigations, and taken one person into custody. Later reports, as of 12/19/02, show a sharp increase in the number of detentions (see reports from individuals/attorneys, below).
- Asst. Director of Adjudications indicated on 12/19 that over 1200 people have been interviewed in LA, and slightly more than 400 detained.
- On 12/19, an announcement was made in a cafeteria filled with family members waiting to bond out their relatives, that persons with bonds set over $5,000 would remain in custody and family members could post the bonds; persons with bonds lower than $5,000 would be released and receive a letter telling them to report back in 30-60 days and the bond would not need to be paid.
- As of 12/20, reports being received that some detainees are being released without the imposed being required.
People who fail to register are subject criminal penalties and removal.
Reports from individuals/attorneys of actual experiences:
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- Attorney indicated on Jan. 9 that registrants at LAX airport are not given access to their attorneys at their interview due to the fact that airport officials consider it a security risk. I.e., too many people in the restricted area.
- Events on January 10:
@ Upon arrival at 6:00 A.M. at the Downtown Los Angeles INS office there were approximately 250 individuals standing in line to register, many of whom appeared to be men of Arab descent.
@ MPAC (Muslim Public Affairs Council) staff and other HRM volunteers there to monitor and document the special registration process and ensure the protection of rights for those registering, were ordered off the property by police and told that they could not talk to anyone in line registering. This occurred despite the fact that MPAC was given approval by INS to conduct this monitoring program in a meeting the previous day and was provided the necessary permits.
@ Approximately ten minutes later, all 250 individuals waiting in line on the platform to register were rushed into the INS building, after which Mr. Al-Marayati was told that now MPAC monitors could talk to people on the platform in line.
@ Throughout the day, those affiliated with MPAC's HRM Program were prohibited from monitoring and speaking to anyone inside the building. Four monitors were, in fact, kicked out of the building by security and were told that if inside, they are only allowed to get coffee, use the post office, or bathroom. Meanwhile, representatives from other organizations, as well as reporters, were allowed inside and could freely speak with registrants.
@ MPAC monitors spoke with and received contact information for approximately forty men from Tunisia, Morocco, Algeria, Lebanon and Eritrea, as they went in to register. However, by the end of the day only ten came out. After making a series of phone calls to family members, it was confirmed that thirty of those men are currently out, while the status of ten remain unknown.
- The following occurrences were reported to AILA on 01/17/03:
- Lebanese gentleman, 36-years-old, was not allowed to have his attorney accompany him during the interview process.
- Moroccan gentleman, 19-years-old, has a valid work permit but was detained for twenty-four hours and asked questions irrelevant to his immigration status such as "what religion are you, what kind of Muslim are you...?"
- Tunisian gentleman, 27-years-old, arrived at INS office at 3 pm and was taken to the basement where he waited for three hours until his interview. His lawyer was not allowed to accompany him during his interview after which he was taken along with others to detention and released 24 hours later without bond.
- Tunisian gentleman, 25-years-old, is married to an American citizen and has a visa with a green card application processing. Although he provided INS with the proper paper work proving that he received an extension on his visa, he was detained for three days.
- An immigration attorney's two clients with the same case (status/country/etc) had to post bond, one at $20,000 and the other at $15,000.
For many who were registering, the process took an average of 6 hours.
- Dual national (Iran/Canada) with pending Adjustment of Status told he still must register.
- On 1/10, people were divided into groups of 15 and sent to Rooms 2024, 6024, and 8024. Registrants were first asked at the 8024 counter to provide ID documents, passports and status documents. Copies were made (INS appreciates copies made in advance by the attorney), and then a brief review of the documents at the counter was done. Officer then briefed each registrant as to whether he would be issued an NTA.
- Registrant was then called in by an officer to the interviewing room to go through the 3 page questionnaire. Fingerprints and photos were taken, and for those that needed to be referred to investigation, they were taken to the basement. Attorney saw one registrant who was handcuffed in front of others, but made a request as to whether officers could avoid doing this in front of other registrants. The officer agreed to this request.
- On 1/10, registrant who was referred to Investigation knew first thing in the morning when he had his documents checked by the Investigation officer that an NTA would be issued and that he would be released on his own recognizance later in the day. Registrant was released at about 9 pm that evening.
- On 1/10, officials on the 8th floor went out of their way to be polite and courteous. Many were checking on those registrants who were waiting at the interviewing rooms to make sure they were being processed accordingly. Registrants and attorneys were even told to go to have breakfast for an hour as officials were getting ready. This was important, as many registrants ended up waiting for the entire day, and this was the only meal they had for the day.
- On 1/10/03, INS Room 8010, handling Special Registration cases exclusively, was reported to be "very quiet." No reports of anyone being led away in handcuffs. 40 - 50 people showed up to be registered, some of whom were sent to other rooms, such as 6024. One registrant who arrived at 7 am and was given number 25 in the queue, completed registration process by 3 pm. INS did 4 adjustments in the entire day, and did not accept any adjustment inquiries.
- Mass arrests of registrants are being reported, with numbers apparently well into the hundreds, and perhaps more. One attorney, who brought 34 clients for registration one day, saw 30 of them detained. Most were adjustment of status applicants, and most of those had been maintaining non-immigrant status at the time the adjustment application was filed (the nonimmigrant status had expired after the adjustment was filed, and the individuals have work authorization).
- Detention conditions are poor, with people sleeping on floors and reports that detainees have not been fed in over 24 hrs because the facility ran out of food.
- Multiple reports of detention and expedited removal of registrants who had entered on the VWP (Visa Waiver Program,) despite pending or approved immigrant petitions or pending adjustment of status applications.
- In two instances in which registrants were interviewed by INS District Adjudications Officers, the following information was requested:
1) Family name
2) First name
3) Middle initial
They were then asked to provide their drivers' licenses, passport, I-94 form and asked the following questions:
4) What's your nationality
5) Place of Birth
6) Sex
7) Date of Birth
8) Height
9) Weight
10) Hair color
11) Eye color
12) Purpose of your visit
13) Names of Mother and Father
14) Mother/Father dates of birth
15) Last address in country of origin
16) Social security number
17) Place of issuance of visa
18) Date of issuance of visa
19) Expiration date of issuance of visa
20) Passport Number
21) City of issuance of the passport
21) Date of issuance of the passport
22) Expiration date of issuance of the passport
Although all the information requested is on the passport, the INS District Adjudication Officers did not look at the passport and asked the clients directly for the information.
23) What airline did you fly in entering the United States
24) Flight number
25) Date of arrival
26) Time of arrival
Following the interviews, the interviewer made photocopies of employment verification letters and paycheck stubs. Fingerprints were taken of the right and left index fingers. The INS interviewer then took the I-94 form and signed the back of the I-94 form and also printed their District Adjudication Officer number. The interviewer then annotated the I-94 form acknowledging the person had registered. The passport, driver's license, and I-94 were then given back to the registrant.
- Reports are being received of large numbers of people being detained at the LA office. Stories abound of INS running out of handcuffs, and registrants being placed in criminal prisons because of lack of space in INS detention facilities.
- Several reports as of 1/8/03 of registrants with pending marriage-based adjustment of status applications NOT being detained. Most examples include Lebanese registrants.
-- Treatment of late registrants:
INS-LA indicates that there must be a "reasonable excuse" for not registering. What is a "reasonable excuse" needs further refinement. One example, according to INS-LA, is that the individual misunderstood his obligation to register because of the error that was on some Arabic-language notices published by INS. Plain fear of the process will not be sufficient.
- In a 1/9/03 meeting, LA INS indicated that it had received guidance from DOJ that should result in fewer detentions. People with pending adjustment of status applications with no adverse factors WILL NOT BE DETAINED. Solely having an approved I-130 and a priority date is not immediate relief. If an NTA is issued, they will be released on their own recognizance (if there are no adverse factors).
- In the 1/9 meeting, it was announced that people previously detained who have relief available (e.g., an adjustment application pending) will be sent a letter saying the NTA will be withdrawn. If the NTA has already been filed with the immigration court, the INS will consider terminating the matter on a case-by-case basis.
- Registrants who are out-of-status and "criminal registrants" will be detained and bonds set.
- The new Acting District Director indicates, as of 12/16/02, that earlier policies noted below have been changed. Now, anyone considered out-of-status will be arrested and held until they have been cleared through security checks.
- Early statements indicated that, if the individual "has EVER been out-of-status", he will be detained and put in removal proceedings, EVEN IF an adjustment of status application is pending. Later, LA indicated that it has prosecutorial discretion to proceed. Later still, LA indicated that it will not be exercising prosecutorial discretion, but will be detaining all individuals considered to be out of status.
- After a background check is completed, bond will be considered.
- As of 12/4, LA was registering 50-60 people per day. It had referred two people to investigations, and taken one person into custody. Later reports, as of 12/19/02, show a sharp increase in the number of detentions (see reports from individuals/attorneys, below).
- Asst. Director of Adjudications indicated on 12/19 that over 1200 people have been interviewed in LA, and slightly more than 400 detained.
- On 12/19, an announcement was made in a cafeteria filled with family members waiting to bond out their relatives, that persons with bonds set over $5,000 would remain in custody and family members could post the bonds; persons with bonds lower than $5,000 would be released and receive a letter telling them to report back in 30-60 days and the bond would not need to be paid.
- As of 12/20, reports being received that some detainees are being released without the imposed being required.
People who fail to register are subject criminal penalties and removal.
Reports from individuals/attorneys of actual experiences:
--------------------------------------------------
- Attorney indicated on Jan. 9 that registrants at LAX airport are not given access to their attorneys at their interview due to the fact that airport officials consider it a security risk. I.e., too many people in the restricted area.
- Events on January 10:
@ Upon arrival at 6:00 A.M. at the Downtown Los Angeles INS office there were approximately 250 individuals standing in line to register, many of whom appeared to be men of Arab descent.
@ MPAC (Muslim Public Affairs Council) staff and other HRM volunteers there to monitor and document the special registration process and ensure the protection of rights for those registering, were ordered off the property by police and told that they could not talk to anyone in line registering. This occurred despite the fact that MPAC was given approval by INS to conduct this monitoring program in a meeting the previous day and was provided the necessary permits.
@ Approximately ten minutes later, all 250 individuals waiting in line on the platform to register were rushed into the INS building, after which Mr. Al-Marayati was told that now MPAC monitors could talk to people on the platform in line.
@ Throughout the day, those affiliated with MPAC's HRM Program were prohibited from monitoring and speaking to anyone inside the building. Four monitors were, in fact, kicked out of the building by security and were told that if inside, they are only allowed to get coffee, use the post office, or bathroom. Meanwhile, representatives from other organizations, as well as reporters, were allowed inside and could freely speak with registrants.
@ MPAC monitors spoke with and received contact information for approximately forty men from Tunisia, Morocco, Algeria, Lebanon and Eritrea, as they went in to register. However, by the end of the day only ten came out. After making a series of phone calls to family members, it was confirmed that thirty of those men are currently out, while the status of ten remain unknown.
- The following occurrences were reported to AILA on 01/17/03:
- Lebanese gentleman, 36-years-old, was not allowed to have his attorney accompany him during the interview process.
- Moroccan gentleman, 19-years-old, has a valid work permit but was detained for twenty-four hours and asked questions irrelevant to his immigration status such as "what religion are you, what kind of Muslim are you...?"
- Tunisian gentleman, 27-years-old, arrived at INS office at 3 pm and was taken to the basement where he waited for three hours until his interview. His lawyer was not allowed to accompany him during his interview after which he was taken along with others to detention and released 24 hours later without bond.
- Tunisian gentleman, 25-years-old, is married to an American citizen and has a visa with a green card application processing. Although he provided INS with the proper paper work proving that he received an extension on his visa, he was detained for three days.
- An immigration attorney's two clients with the same case (status/country/etc) had to post bond, one at $20,000 and the other at $15,000.
For many who were registering, the process took an average of 6 hours.
- Dual national (Iran/Canada) with pending Adjustment of Status told he still must register.
- On 1/10, people were divided into groups of 15 and sent to Rooms 2024, 6024, and 8024. Registrants were first asked at the 8024 counter to provide ID documents, passports and status documents. Copies were made (INS appreciates copies made in advance by the attorney), and then a brief review of the documents at the counter was done. Officer then briefed each registrant as to whether he would be issued an NTA.
- Registrant was then called in by an officer to the interviewing room to go through the 3 page questionnaire. Fingerprints and photos were taken, and for those that needed to be referred to investigation, they were taken to the basement. Attorney saw one registrant who was handcuffed in front of others, but made a request as to whether officers could avoid doing this in front of other registrants. The officer agreed to this request.
- On 1/10, registrant who was referred to Investigation knew first thing in the morning when he had his documents checked by the Investigation officer that an NTA would be issued and that he would be released on his own recognizance later in the day. Registrant was released at about 9 pm that evening.
- On 1/10, officials on the 8th floor went out of their way to be polite and courteous. Many were checking on those registrants who were waiting at the interviewing rooms to make sure they were being processed accordingly. Registrants and attorneys were even told to go to have breakfast for an hour as officials were getting ready. This was important, as many registrants ended up waiting for the entire day, and this was the only meal they had for the day.
- On 1/10/03, INS Room 8010, handling Special Registration cases exclusively, was reported to be "very quiet." No reports of anyone being led away in handcuffs. 40 - 50 people showed up to be registered, some of whom were sent to other rooms, such as 6024. One registrant who arrived at 7 am and was given number 25 in the queue, completed registration process by 3 pm. INS did 4 adjustments in the entire day, and did not accept any adjustment inquiries.
- Mass arrests of registrants are being reported, with numbers apparently well into the hundreds, and perhaps more. One attorney, who brought 34 clients for registration one day, saw 30 of them detained. Most were adjustment of status applicants, and most of those had been maintaining non-immigrant status at the time the adjustment application was filed (the nonimmigrant status had expired after the adjustment was filed, and the individuals have work authorization).
- Detention conditions are poor, with people sleeping on floors and reports that detainees have not been fed in over 24 hrs because the facility ran out of food.
- Multiple reports of detention and expedited removal of registrants who had entered on the VWP (Visa Waiver Program,) despite pending or approved immigrant petitions or pending adjustment of status applications.
- In two instances in which registrants were interviewed by INS District Adjudications Officers, the following information was requested:
1) Family name
2) First name
3) Middle initial
They were then asked to provide their drivers' licenses, passport, I-94 form and asked the following questions:
4) What's your nationality
5) Place of Birth
6) Sex
7) Date of Birth
8) Height
9) Weight
10) Hair color
11) Eye color
12) Purpose of your visit
13) Names of Mother and Father
14) Mother/Father dates of birth
15) Last address in country of origin
16) Social security number
17) Place of issuance of visa
18) Date of issuance of visa
19) Expiration date of issuance of visa
20) Passport Number
21) City of issuance of the passport
21) Date of issuance of the passport
22) Expiration date of issuance of the passport
Although all the information requested is on the passport, the INS District Adjudication Officers did not look at the passport and asked the clients directly for the information.
23) What airline did you fly in entering the United States
24) Flight number
25) Date of arrival
26) Time of arrival
Following the interviews, the interviewer made photocopies of employment verification letters and paycheck stubs. Fingerprints were taken of the right and left index fingers. The INS interviewer then took the I-94 form and signed the back of the I-94 form and also printed their District Adjudication Officer number. The interviewer then annotated the I-94 form acknowledging the person had registered. The passport, driver's license, and I-94 were then given back to the registrant.
- Reports are being received of large numbers of people being detained at the LA office. Stories abound of INS running out of handcuffs, and registrants being placed in criminal prisons because of lack of space in INS detention facilities.
- Several reports as of 1/8/03 of registrants with pending marriage-based adjustment of status applications NOT being detained. Most examples include Lebanese registrants.
-- Treatment of late registrants:
INS-LA indicates that there must be a "reasonable excuse" for not registering. What is a "reasonable excuse" needs further refinement. One example, according to INS-LA, is that the individual misunderstood his obligation to register because of the error that was on some Arabic-language notices published by INS. Plain fear of the process will not be sufficient.
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