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Immigrant Victims of Abuse Seeking Legal Aid Face Challenges Under Trump

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When one of Maureen Abell’s undocumented clients was arrested on felony hit-and-run charges in Mecklenburg County in 2017, she told him to not to post bail. Paying that fee would almost guarantee that he ended up in U.S. Immigration and Customs Enforcement’s custody, she said.

“He sat in county jail for three months and then he got acquitted,” said Abell, who acts as an attorney with Charlotte Center for Legal Advocacy’s Immigrant Justice Program in North Carolina. The program primarily serves those living in Mecklenburg County.

“They still came and got him. He still spent three months at a Georgia detention facility before we got him out, and that was with no criminal record.”

Abell said that client is one of many who have been unfairly detained by ICE since President Donald Trump took office in 2017. In the past, Abell said, a client who was applying for a green card would not need to have an active visa in order to avoid arrest and detention. Now, ICE agents are more aggressive, often waiting to pick up immigrants after they leave court, regardless of whether they were convicted of any criminal charges or not.

The fear can be especially palpable for victims of domestic violence, whose abusers might use the threat of deportation to hold sway over their victims. While fears surrounding ICE have always existed in the immigrant community, those worries have only been heightened by the policy changes enacted on the federal level and the increase in anti-immigration sentiment espoused by politicians. During his first year in office, Trump fought to end the Deferred Action for Childhood Arrivals (DACA) program, as well as rescinded the Temporary Protected Status granted to Hondurans who have lived in the country for nearly two decades. He’s recently proposed that migrant children should be held on military bases, and has declared that minors who cross the border are potentially tied to gang violence. He’s stated those children are “not innocent,” according to the Washington Post.  

Abell said that in the past, about 80 percent of all of her immigrant clients were afraid that reporting their abusers would lead to deportation. Now, she estimates that number is closer to 100 percent.

The fear of deportation is stronger among those who don’t have a visa or documented status, Abell said. However, deportation can pose a threat to anyone who doesn’t have citizenship, especially if they face a criminal conviction. For example, police sometimes charge both the victim and the abuser during a domestic violence situation.

“The threat is generally that he will tell the police she attacked him,” Abell said. “He’s usually the one who speaks better English, or any English.”

If an immigrant is convicted of a domestic violence charge, that person can be deported, even if they’re a permanent resident.

“I’ve been doing this for 10 years and it’s always ‘He said he’s going to call ICE, he’s saying they’re going to come get me.’ The difference is now they’re seeing it on the news, so the fear is greater. And I can’t quite say that they’re wrong,” Abell said.

Abell said she doesn’t believe there’s been a drop in the number of people requesting services from Charlotte Center for Legal Advocacy’s immigration program, which handles the center’s domestic violence cases. The immigration program also works with clients who are seeking asylum, who have experienced housing discrimination, or who need their status adjusted in some way. Other legal groups said that they have noticed a decline in the number of immigrants reporting incidents of sexual abuse and domestic violence.

Christine Poarch, the founding attorney at Poarch Law in Roanoke, Virginia, said that her firm has increased efforts to let the Spanish-speaking community know that resources are available for victims of violent crimes, including children who need asylum after suffering neglect or abuse. Poarch said she’s noticed a decline in the number of victims reporting abusers in the region. Though Poarch did not provide exact numbers, she said the law firm — which serves Southwest Virginia as well as parts of West Virginia, Tennessee and North Carolina — has worked with fewer minors and domestic violence victims compared to prior years.

One reason that Poarch Law has seen fewer juvenile clients in recent months is because minors can effectively no longer apply for Special Immigration Juvenile (SIJ) status in Virginia in most jurisdictions. The designation allows undocumented children to become lawful permanent residents if they’ve experienced abuse, neglect or abandonment by at least one guardian. But in 2017, the Virginia Court of Appeals ruled that the state’s courts cannot decide whether a juvenile’s best interest would be served by returning to their country of origin, a predicate finding for U.S. Citizenship and Immigration Services to award SIJ status. The ruling has been interpreted by many courts to mean that they cannot enter the necessary order to grant a juvenile SIJ status, Poarch said.

“We can’t even vet them for that status because of the ruling,” Poarch said. “A lot of those cases become asylum cases because they still come from Central American countries and they’ll be subject to violence if they return.”

The White House and anti-immigration representatives have criticized the process of receiving SIJ status in the past by saying that some recipients may not have been in a dire situation, according to a 2017 Reuters article. Immigrant children can receive the designation even if only one parent or guardian is abusive or neglectful, which critics say is inappropriate given the child would hypothetically be safe once separated from that one adult. A large number of pending cases means that juveniles who apply for the status may be in for a long, arduous wait before discovering whether they will be granted the status in court. In 2017, only 11,335 people out of 20,914 applicants were approved according to data from USCIS. That same data showed there were 22,695 pending applications at the end of 2017.

ICE raids in Appalachian areas have also stoked fears among immigrants. In April, at least 15 people were arrested and charged with illegal entry in Buncombe and Henderson counties, near Asheville, North Carolina, according to the Asheville Citizen-Times. An ICE official told the paper that the majority of those detained had been convicted of a crime or were illegal re-entrants, but it’s unclear what percentage of those detained fell into those categories, or how many of those arrested had criminal convictions specifically. At least 40 people were arrested across the state. Close to 100 immigrants were arrested in Bean Station, Tennessee, after ICE raided a meat-processing plant; only 11 of those were arrested on federal or state immigration charges, according to The Washington Post.

While Roanoke has not experienced any raids, the procedural changes enacted by the new administration have led to heightened levels of concern among the immigrant community, Poarch said. In the past, she said, ICE placed undocumented immigrants into categories, and prioritized those who had committed violent crimes or were part of notable gangs, like MS-13. Now, ICE officers are expected to use their own discretion when picking up immigrants. Additionally, Poarch said agents have been ordered to focus on immigrants that have been charged — not convicted — with a criminal offense or accused of abusing public benefits.

“It used to be if they needed someone on an order for a warrant, they would go in and say, ‘Hey we need this guy,’  and they wouldn’t look for anyone else,” Poarch said. “Now, they’re going in and if there’s 10 other people, they’ll get those as well.”

The change is especially troubling in Virginia, which Poarch said has historically received a high number of immigrant children seeking asylum.

At a recent panel focused on issues facing juvenile immigrants, Poarch said one participant told a story about a child who suffered abuse from a non-family member for years because he was afraid that reporting would lead to repercussions for his family.

“There’s still concern on the part of the victim on how their abuser is going to report their status,” Poarch said. “(Attendees at the panel) were very clear that they had experienced a high degree of fear from their constituency because they were fearful that reporting was going to put the immigrant juvenile or their family at jeopardy.”

Immigrants who suffer domestic violence also risk running into hostile judges when their cases are heard, Abell said. While she has not experienced that with her clients in Mecklenburg County, she said that some judges are more willing to entertain the notion that a victim is claiming abuse to gain a visa. It’s common, she said, for an abuser’s attorney to argue that the victim’s case is a scam to gain permanent residence.

“I usually just say, ‘Your honor, this is way too complicated to be a scam. She has three kids with this guy and there’s a 10-year waiting period to get a visa. If it was a scam she’d just accuse some random guy on the street of hurting her,” Abell said.

Poarch and Abell both said that the changes in how ICE agents choose to detain immigrants makes it harder to determine how many abuse and domestic violence victims are being deported alongside those with criminal convictions. The changes have made giving legal advice more difficult, as it’s harder to predict the outcome of reporting abuse or going to court.

“I used to be able to say ‘I’ve never heard of such a thing,’ or ‘That’s stupid,’” Abell said. “Now I can only say ‘I haven’t heard of that happening here, but do you have an arrest record, or are they looking for you for some reason?’”

Tiffany Stevens (@tiffanymstevens) is a print journalist living in Southwest Virginia. Their newsletter, “Happening at Home,” rounds up great reporting from two different cities each issue.

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LISTEN: A Discussion on Immigration and Poultry in Moorefield, W.Va.

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Amy Fabbri, ESOL teacher in Moorefield, helps her student Ahmed. After fleeing his home country of Eritrea, Ahmed worked in hotel housekeeping in Missouri before moving to Moorefield to work at Pilgrim’s Pride chicken processing plant. Photo: Justin Hayhurst/100 Days in Appalachia
Listen to a shortened version of the interview as heard on West Virginia Morning on Aug. 21, 2019.

For more than a decade, more than 100 migrant and refugee families from countries like Myanmar (formerly Burma), Vietnam, Ethiopia, Guatemala and others have come to Moorefield, West Virginia.

They’ve done so to work at Pilgrim’s Pride – a large poultry plant that is Hardy County’s biggest employer with 1,700 workers.

For the past six months, 100 Days in Appalachia reporter Anna Patrick has been working on two stories exploring Moorefield’s growing migrant and refugee population.

Her stories take a deep dive into Moorefield’s poultry industry and discuss what a typical workday is like for employees at Pilgrim’s Pride.

Her stories also include a profile of one Moorefield woman who teaches English class offered to new community members.

West Virginia Public Broadcasting spoke with Anna about her stories. See below for an extended version of the interview.

Anna’s stories called “Always Hiring” can be found here.

This article was originally published by West Virginia Public Broadcasting, a partner of 100 Days in Appalachia.

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Little Known about ICE Weekend Raids in Central Appalachia

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In this July 8, 2019, photo, a U.S. Immigration and Customs Enforcement (ICE) officer looks on during an operation in Escondido, California. Photo: Gregory Bull/AP Photo

Authorities in Morgantown, West Virginia, and Monongalia County, where it’s located, confirmed Friday afternoon that U.S. Immigration and Customs Enforcement had informed them they would be operating in the area.

While ICE officials have confirmed “routine targeted enforcement  operations,” information on possible arrests and detainments is still unknown. 

Morgantown Police spokesman Andrew Stacy said Friday the federal agency contacted local police last week about operations. Stacy said the notification did not provide details on the dates of operation. 

Monongalia County Chief Deputy Al Kisner said ICE also contacted their department last week to notify them of activity in the area. He said ICE officials told the sheriff’s department they would be in the Morgantown area on Monday and Tuesday of this week.

Officials from the Morgantown Police Department and Monongalia County Sheriff’s Department say they did not assist with any ICE operations this week. They said they have no knowledge of arrests or detainments in the area.

An ICE official confirmed that ICE conducted routine targeted enforcement operations in Morgantown, West Virginia this week and that the agency did provide notice to Morgantown and Monongalia County law enforcement authorities. That official also issued a statement about possible activity in the area. 

“ICE is not currently conducting any large scale operations in Morgantown, however ICE does conduct targeted enforcement operations in compliance with federal law and agency policy every day in West Virginia and across the nation.”

The U.S. Attorney for the Northern District of West Virginia says they have not been notified of any ICE activity in the area. They explained that should arrests be made, the office would be unable to offer comment until indictments have taken place. 

A spokesperson from the office says the Northern District of West Virginia has prosecuted 19 defendants for immigration violations in Fiscal Year 2018 (October 1, 2017-September 30, 2018). 15 of those were guilty (some cases were still pending Sept. 30, 2018). Four if those 15 were sentenced to prison time. ICE would have determined the next step for the remaining 11.

From October 1, 2018-June 30, 2019, the northern district saw eight more defendants. Many of those cases are still pending.

This article was originally published by West Virginia Public Broadcasting.

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Don Blankenship Claims Illegal Immigration Costs $130 Billion a Year. Is That True?

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Seeking to represent West Virginia in the U.S. Senate, former coal mining executive Don Blankenship called for an end to illegal immigration, saying it costs billions of dollars a year.

“We have to stop illegal immigration, costing us $130 billion a year to house and feed and give benefits to people that shouldn’t be even in the country,” Blankenship said during an April 23 debate among Republican primary candidates.

We wanted to know the facts behind Blankenship’s claim on the cost of illegal immigration.

Blankenship’s statement stems from a report by the Federation for American Immigration Reform (FAIR) that said illegal immigration costs about $135 billion a year. The group favors stricter immigration policies.

The report has drawn criticism for some of its assumptions, such as a higher-than-usual estimate of immigrants in the country illegally (12.5 million, higher than the typically reported 11 million) and for excluding tax contributions made by U.S.-born children to parents here illegally.

Overall, it’s difficult to determine a precise cost of illegal immigration due to lack of reliable data.

Report did not focus on housing costs

FAIR’s report said illegal immigration costs about $135 billion a year, and that immigrants who are here illegally contribute about $19 billion in taxes annually. That puts net costs at about $116 billion a year.

Blankenship said illegal immigration must be stopped because it costs $130 billion a year to house, feed and give benefits to people who shouldn’t even be in the United States.

But FAIR’s report did not include estimates for the cost of public housing benefits, citing a lack of reliable information.

The group also noted most welfare programs are not available to immigrants in the country illegally. But the group factored in costs for programs that benefit children born in the United States to parents here illegally.

Alex Nowrasteh, an immigration policy expert at the libertarian Cato Institute, criticized FAIR for calculating welfare used by U.S.-born children, but failing to add in their potential tax contributions once they start working.

“Counting the benefits consumed but ignoring the tax revenue they pay (or will do so in the future) is one way FAIR gets such a negative result for this report,” Nowrasteh wrote in a September 2017 postenumerating flaws in the report.

FAIR estimated that the welfare of illegal immigration amounts to about $5.8 billion a year at the federal level and $2.9 billion a year at the state level (including school meals and child care programs).

Experts’ critique

We asked more experts about the validity of FAIR’s findings.

Their estimate is reasonable, though the cost could be more or could be less, said Steven Camarota, director of research at the Center for Immigration Studies, which favors low-immigration levels.

Even though most immigrants living illegally in the United States come to work and pay billions in taxes, that does not make them a net fiscal benefit, Camarota said.

Other experts said there were flaws. For one, the report’s bottom line included federal immigration enforcement costs.

“It seems ridiculous to attribute the costs of border security to unauthorized immigrants. Would people prefer we had no border security so then the costs of unauthorized immigration would be lower?” said Madeline Zavodny, an immigration expert and economics professor at the University of North Florida.

Enforcement is aimed not only at reducing unauthorized immigration but also at reducing drug smuggling and trafficking, Zavodny said.

Kim Rueben, a senior fellow at the Urban Institute, said, “They are doing things in a way to try to exaggerate what the possible cost could be.”

FAIR also factored in about $3.5 billion for assumed Medicaid fraud.

We’ve fact-checked several other claims about the cost of illegal immigration based on FAIR’s reports, with experts raising concerns about their methodology and assumptions.

In 2016, we rated Mostly False a claim from then-presidential candidate Donald Trump when he claimed that illegal immigration cost the United States more than $113 billion a year, finding that he selected the highest of all possible estimates from a range that varied widely.

Our ruling

Blankenship said, “We have to stop illegal immigration, costing us $130 billion a year to house and feed and give benefits to people that shouldn’t be even in the country.”

Immigrants in the country illegally generate costs for taxpayers, but it’s difficult to determine a precise figure largely because there isn’t reliable data. Blankenship’s claim is based on a 2017 FAIR report estimating illegal immigration cost about $135 billion a year.

Experts picked apart many aspects of the report’s methodology. But relevant to Blankenship’s statement, the group’s estimate did not factor in housing costs.

For all welfare costs brought on by illegal immigration, FAIR calculated about $5.8 billion a year at the federal level and $2.9 billion a year at the state level (including school meals and child care programs).

Blankenship’s statement contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.

This article was originally published by PolitiFact.

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