Scott Hicks

I took down because it’s been up for years, not new. And it appears to be poor design not more.

So, I'm going to post through the updates issued by EOIR, the agency that manages our immigration courts, in the last week. Shortly after the inauguration, BIA member Sirce Owen was installed as the Acting Director and has since issued a series of memoranda. So, this is a thread about that. 1/

Part 3
But it is simply legally incorrect to state it as if it is not a criminal offense. You are correct that being out of status is not a criminal offense. But I suspect most people not in my field would not realize the distinction. I am an immigration attorney with 30 years experience.

Part 2

This in fact is very poorly worded, at best. Illegal entry is in fact a criminal offense under 8 USC 1325a. It is a misdemeanor historically rarely prosecuted as federal prosecutors have traditionally had the view that the deportation/removal process adequately dealt with the matter.

@hcrichardson.bsky.social You said While the Trump admin.. defends its sweeps by saying it considers anyone who has broken immigration law to be a criminal, being undocumented is in fact a civil offense, not a crime, and many of Trump’s supporters did not think he would make such general sweeps."

This bill is reported to have passed out of committee.

TN making it a felony for elected officials to vote to make their locality a sanctuary area among the many gems in this one.

www.capitol.tn.gov/Bills/114/Bi...

As someone who has been in Immigration Courts since 1996, I have the benefit of historical perspective.

Arresting people in Immigration Court is not new. I can’t remember if it was in Bush or Obama, but ICE would sometimes show up and take your client into custody at the end of the hearing.

EOIR HQ (Immigration Court HQ) released memo today that rescinded the prohibition on ICE enforcement in and around Immigration Courts.

Yep, they just green lighted arresting immigrants who appear for immigration court hearings.

Oklahoma education leaders approved a plan on Tuesday to request proof of citizenship or immigration status from families when they enroll their children in public schools. The rule would supply the Trump administration with information to aid immigration enforcement.

Colorado military officials prepare for a massive immigration raid in Aurora — but crackdowns may already be underway across metro area Officials with the U.S. Northern Command said that they started work Monday to prepare Buckley for use by Homeland Security as a temporary detention center.

www.cpr.org/2025/01/28/c...

Every ICE Field Office expected to arrest 75 people per day or face discipline.

Arresting serious criminals takes time and planning.

So to meet quotas guess who ICE will go after?

Did you say not criminals?

Cost for ICE to contract a private commercial flight- less than 10K

Cost to use a military transport- 250K minimum

So we could pay for at least 25 flights for the cost of one military transport flight.

Asking for asylum might ultimately not prevail. But if you have a genuine fear on statutory grounds, you at least get to fight it out in court and even if lose asylum might win withholding.

Two basic defenses
1. Prove (possibly on the spot) to the officer’s satisfaction in his sole discretion, two years of continuous presence for the prior two years.
2. Ask for asylum. (And remember if you don’t ask within 1 year of entry you are not eligible with narrow exceptions)

As I had expected, Expedited Removal is now nationwide. ACLU is suing. My opinion is that’s a loser suit. ER has been around for nearly 30 years and was challenged and upheld decades ago.

So we are likely stuck with this for at least the next four years.

We learned again that we allow idiots to vote who have a fanatical commitment to a stupid tradition and idea.

From coloradoimmigrant.org

This is important for people to know. ICE warrants are rarely real warrants giving them the right to enter.

www.ilrc.org/sites/defaul...

1/ As discussed on Friday's @openargs.bsky.social, ICE has always counted on well-meaning allies to handle a substantial portion of their psyops.

Here's what you should know about ICE "raids," and how I suggest that you talk about them as things unfold

Just in time for Texas and Trump

thehill.com/regulation/c...

Part 7

This bill accomplishes nothing the current law does not cover, imposes massive costs on ICE, and destroys the ability for the Federal government to execute the immigration laws.

Congrats to the Rs and their useful idiots on the D side.

Part 6

This is a guaranteed way to essentially destroy any immigration legislation from Congress or Executive Regulations/actions and will turn it all over to the judiciary in cherry picked jurisdictions.

Part 5

Even worse, this law goes on to allow State and Local governments to challenge immigration laws they don’t like. Ironically, this will free up liberal States to have a field day with all the immigration laws Trump and the Rs want to push through.

Part 4

The charges were dismissed. But these kinds of things happen. This is why we insist on innocent until proven guilty. This law throws all that out and presumes guilt, contrary to our laws.

Part 3

My take on this.

I just talked with a person this morning who confiscated their daughter’s phone because the daughter was inappropriate with it. She was mad and told her teacher her mom had beat her. ( she didn’t). But this person would have been mandatorily detained with no bond.

Part 2

My take on this.

Instead, we are going to make it mandatory we detain people who are merely charged, not actually convicted. And we won’t allow bond. Even though the State Court would routinely allow an OR or fairly small cash bond in many cases.

My take on this. Part 1

I don’t have a problem with detaining people illegally here, per se. That’s already an option under the law.

But that’s also why this is so dumb. It’s already allowed under the law.

If you ever wonder why immigration laws never get better and only harsher, well, look at the Laken Riley Act. Some Democrats going right along with it.

So yeah, this is not a R issue. Ds are just as complicit in having terrible cruel and stupid laws on immigration.