FW: [ai news updates] Digest Number 2139
Dianne Tramutola-Lawson
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Sent: Tuesday, December 05, 2017 6:11 PM
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Subject: [ai news updates] Digest Number 2139
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Digest #2139
US Immigration by "law_union_news" law_union_news
2.1
Politics by "law_union_news" law_union_news
3
Canadian gets US Prison by "law_union_news" law_union_news
Messages
1.1
US Immigration
Tue Dec 5, 2017 6:04 pm (EST) . Posted by:
"law_union_news" law_union_news
Trump's immigrant dragnet
The Week Staff
John Moore/Getty Images
December 3, 2017
Immigration arrests have soared under President Trump. Who is being swept up in the raids? Here's everything you need to know:
What's changed?
President Trump has given federal agents free rein to aggressively enforce the nation's immigration laws. The Obama administration deported 2.7 million people over eight years, but focused on undocumented immigrants convicted of serious crimes and recent immigrants caught at the border, while mostly ignoring undocumented immigrants already living peacefully in the U.S. Trump has done away with such distinctions. Within five days of taking office, Trump signed an executive order instructing government agencies to target for removal anyone who has committed a "chargeable criminal offense," including entering the U.S. illegally. Then–Homeland Security Secretary John Kelly followed up with a memo stating that his agency would "no longer exempt classes or categories of removable aliens." Immigrations and Customs Enforcement (ICE) agents made 75,045 arrests during the first half of this year, up 40 percent from 2016. "If you're in this country illegally, and you committed a crime by entering this country, you should be uncomfortable," acting ICE Director Tom Homan told Congress in a hearing. "You should look over your shoulder."
Who's being arrested?
ICE agents still target known criminals in their raids on workplaces and homes, but are now arresting any undocumented immigrants they encounter in those raids. During a series of July raids, in which ICE arrested 650 people, 70 percent weren't targets of the raid, but were simply in the wrong place at the wrong time. ICE is also going after "low-hanging fruit," undocumented immigrants known to agents. This includes the 1.8 million undocumented immigrants who have been granted a stay of deportation for medical or family reasons provided they show up for semiannual check-ins with ICE agents. Some of them are now being arrested at their check-ins. In one widely publicized case, Guadalupe García de Rayos of Phoenix, a mother of two U.S.-born children who has lived in the U.S. for more than 20 years, was detained at her annual check-in and deported to Mexico the next morning.
How are immigrants responding?
There's widespread fear in immigrant communities, with many going deeper underground to avoid the possibility of getting caught up in ICE's web. "We're terrified of being separated," said Nathaly Uribe, a 22-year-old DACA recipient whose parents are undocumented. "We live in daily anxiety and terror of being deported." At one high school in Durham, North Carolina, enrollment dropped 20 percent after a student from Honduras was arrested on his way to school. It's still against ICE policy to raid "sensitive locations" such as schools and hospitals, but emboldened agents are pushing the envelope. In one case, Border Patrol agents arrested a 10-year-old girl while she was in an ambulance on the way to the hospital to receive emergency surgery related to her cerebral palsy, with armed guards placed outside her hospital room. "They spent so much time and resources to follow this girl, to treat her like she was the highest-priority criminal that ever walked on this Earth," said Priscilla Martinez, an immigration activist.
What's the justification for that?
Immigration agents say they're just following the law. Lawmakers "should have the courage and skill to change the laws" if they don't like what they require, Kelly said in April. "Otherwise they should shut up and support the men and women on the front lines." Many immigration agents feel "unshackled," according to several news stories, with the unions representing ICE and the Border Patrol reporting soaring morale now that the federal government isn't micromanaging whom they arrest.
Is Trump's strategy working?
That depends on the goal. The pace of illegal immigration to the U.S. has slowed dramatically, at least partly because of the perception that this administration is serious about deporting those who are caught. But while arrests are up, the U.S. is actually on pace to deport fewer people this year than under the last year of Obama's presidency. The surge of arrests has badly overloaded the already strained immigration courts, which now face a staggering backlog of 630,000 cases. The Trump administration is making a push to hire more immigration judges, but it could be years before many of those awaiting a hearing exhaust all of their appeals.
Does ICE's campaign face other obstacles?
Yes, at the state and local level. At least 15 states have taken up sanctuary legislation this year, which would limit local authorities' cooperation with federal immigration agents. California has gone the furthest, formally declaring itself a "sanctuary state." That means state and local agencies will not comply with requests from ICE agents to hold undocumented prisoners until they can be arrested, or notify them about when they will be released. At least 142 jurisdictions nationwide have refused such requests, according to ICE. This is significant, because an estimated 65 percent of all deportations result from cooperation between state and local law enforcement and federal immigration agents. Trump has moved to cut off federal law enforcement funds for sanctuary cities, but his executive order was recently blocked by a federal district judge. In the end, that contest of policy and wills may be decided by the U.S. Supreme Court.
The cost of deportation
Right now, the government only has the resources to deport about 400,000 people per year, but there are more than 11 million illegal immigrants currently living in the U.S. The conservative-leaning American Action Forum estimates that it would take 20 years for ICE to remove every undocumented immigrant at its current maximum capacity, at a cost of between $100 billion and $300 billion. Those costs include apprehension, legal processing, housing, and transportation. For example, in 2014 it cost an average of $5,633 to hold one deportee in a federal detention center, with an average stay of 31 days. "You have to pay to monitor them around the clock, you have to pay to feed them every single day, you have to tend to their other needs," said David Bier, an immigration policy analyst with the Cato Institute. "The only thing that comes close is the costs of actually hiring the agents to do the arrests."
http://theweek.com/articles/740518/trumps-immigrant-dragnet http://theweek.com/articles/740518/trumps-immigrant-dragnet
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2.1
Politics
Tue Dec 5, 2017 6:10 pm (EST) . Posted by:
"law_union_news" law_union_news
Canada in talks with Trump officials over fresh demands to curb phoney goods Internal document reveals potential compromises in longstanding trade irritant with U.S. over fake imports By Dean Beeby, CBC News http://www.cbc.ca/news/cbc-news-online-news-staff-list-1.1294364 Posted: Dec 04, 2017 5:00 AM ET Last Updated: Dec 04, 2017 5:21 AM ET
The RCMP in Winnipeg display a collection of counterfeit goods. The Canada Border Services Agency says only about $600,000 of such goods were seized in 2016. (Ryan Hicks/CBC)
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Dean Beeby
Senior reporter, Parliamentary Bureau
Dean Beeby is a CBC journalist, author and specialist in freedom-of-information laws. Follow him on Twitter: @DeanBeeby
Related Stories 6 Canadians arrested in U.S. extradition request for allegedly selling fake cancer drugs online http://www.cbc.ca/news/canada/manitoba/canadadrugs-arrested-extradition-counterfeit-cancer-drugs-1.4166765 Toronto police seize fake Magic Bullets, Kylie Jenner makeup among $2.5 million worth of counterfeit goods http://www.cbc.ca/news/canada/toronto/police-seize-fake-magic-bullets-kylie-jenner-makeup-among-2-5m-worth-of-counterfeit-goods-1.3889278 Louis Vuitton takes on Ontario flea market over fake goods http://www.cbc.ca/news/canada/toronto/louis-vuitton-ontario-flea-markets-fake-goods-1.4092830 Dark web's largest illegal marketplace, founded by Canadian, shut down by U.S. http://www.cbc.ca/news/technology/alpha-bay-doj-us-illegal-online-marketplace-dark-web-1.4213901
The Liberal government is in talks with U.S. officials to resolve fresh demands from Washington that Canada get tougher on counterfeit goods, such as fake iPhones and phoney Prada fashions, CBC News has learned.
The Trump administration wants Canadian customs officers to begin seizing so-called fake imports even if the goods — largely from China — are merely transiting through Canada to markets in the United States and elsewhere.
Under a Canadian law in effect from 2015, customs officers can seize only those fake imports destined for the Canadian market.
6 Canadians arrested in U.S. extradition request for allegedly selling fake cancer drugs online http://www.cbc.ca/news/canada/manitoba/canadadrugs-arrested-extradition-counterfeit-cancer-drugs-1.4166765 Police seize fake Magic Bullets, Kylie Jenner makeup among $2.5M worth of counterfeit goods http://www.cbc.ca/news/canada/toronto/police-seize-fake-magic-bullets-kylie-jenner-makeup-among-2-5m-worth-of-counterfeit-goods-1.3889278
In the 13 months up to December last year, the Canada Border Services Agency (CBSA) seized 31 such shipments worth at least $600,000 — a drop in the bucket, according to critics who say fake imports to Canada are worth billions of dollars.
Canadian officials have long rebuffed demands for a much tougher counterfeit law, including demands by Obama administration officials who wanted the 2015 legislation to compel the seizure of fake imports transiting Canada, not just those intended for sale in Canada.
Then-industry minister James Moore, with the previous Conservative government, in 2014 resisted U.S. demands for a tougher counterfeit goods regime that would have required Canadian border officers to intercept more goods destined for the U.S. (Sean Kilpatrick/Canadian Press)
As James Moore, then-industry minister in the Conservative government, told a Senate committee in late 2014: "It's a bit of a stretch for someone in the American administration — I made this clear to them — to ask the Government of Canada and the Canadian taxpayers to act as a border filter for all goods destined for the U.S. market."
Seeking compromise? But the Liberal government of Justin Trudeau now appears to be looking for a compromise with the Trump administration, which again formally raised the trade irritant on April 27.
"The United States remains deeply concerned that Canada does not provide customs officials with the ability to detain, seize, and destroy pirated and counterfeit goods that are moving in transit or are transhipped through Canada," says a report https://ustr.gov/sites/default/files/301/2017%20Special%20301%20Report%20FINAL.PDF issued from Trump's trade office.
Michael Geist, a University of Ottawa law professor who is an expert on intellectual property, calls Canada's secret review of the anti-counterfeiting regime 'very troubling.' (CBC)
A briefing note obtained by CBC News from the CBSA under the Access to Information Act says the agency is looking to give the Americans what they want — without actually changing the law.
At an April 12 meeting with "private stakeholders" and others this year, the agency raised the possibility of "closing the in-transit policy gap with our American partners without legislative amendment."
' … officials are seeking to find ways to by-pass those rules … very troubling.'— Ottawa law professor Michael Geist on renewed Canada-U.S. talks regarding counterfeit goods CBSA officials proposed alerting U.S. officials to suspect counterfeit goods should they happen to spot them while checking some in-transit goods for other reasons, such as health and safety.
Or Canada could sign a "letter of exchange" with Washington committing each side "to notify the other when suspect counterfeit goods are detected." Such a side letter with Canada was proposed by the U.S. during negotiations for the Trans-Pacific Partnership (TPP), a regional trade deal that was nixed by incoming U.S. President Donald Trump.
The agency proposed two other solutions as well, an expanded pre-clearance deal or a "perimeter" approach, both requiring more consultation and study.
Officials with the CBSA declined to comment on the issue, except to confirm that Canadian officials are still in talks with the Americans.
"Discussions with the United States on this topic are ongoing," spokesperson Jayden Robertson said in an email.
'Very troubling' Law professor Michael Geist, who reviewed the CBSA briefing note for CBC News, noted that the document acknowledges Canada's counterfeit law is consistent with international standards, which do not require countries to stop in-transit goods thought to be counterfeit.
"The fact that Canada meets international standards and passed legislation specifically excluding in-transit shipments yet officials are seeking to find ways to by-pass those rules — including a trade agreement [TPP] side letter that is no longer operable — is very troubling," Geist, at the University of Ottawa, said in an email.
Toronto police display seized counterfeit products. The Trump administration is pressing Canada to do more to curb the trade in counterfeit goods — and an internal document indicates Canada is looking to appease Washington on the prickly issue. (Chris Langenzarde/CBC)
"Further, the lack of transparency associated with this process, including secret meetings with officials and select private sector stakeholders, runs counter to the government's commitment to open and transparent policy making."
But a Toronto anti-counterfeiting lawyer says Canada needs to consider "all options" to stop in-transit fake imports, including co-operation and information-sharing with the Americans.
Georgina Danzig, a partner with Kestenberg Siegal Lipkus LLP, says some importers may be using Canada to "launder" their counterfeit goods.
"Counterfeiters favour trading routes that they can use to launder their imports," she said in an interview, noting that there's also a risk the fake goods will come back into the Canadian market.
"Canada needs to do more," Danzig said, noting CBSA officers are seizing dozens of counterfeit-goods shipments while other countries sieze shipments by the tens of thousands each year. "The challenge lies in allocating sufficient resources."
In a report tabled in Parliament in May, the Liberal government cited a series of seizures of imported counterfeit goods that were intended to be sold in Canada including:
8,304 T-shirts from Pakistan, falsely claiming to be Under Armour products, seized in Montreal in April 2016. Value assigned by CBSA: $114,700 27,737 jerseys of unknown origin, falsely claiming to be official NBA Properties Inc. products, seized in Montreal in July 2016. Value assigned by CBSA: $3,010 Four shirts from China, falsely claiming to be Prada, seized in Montreal in June 2016. Value not available. Follow @DeanBeeby http://www.twitter.com/DeanBeeby on Twitter
http://www.cbc.ca/news/politics/us-canada-trade-counterfeit-pirated-imports-1.4426614 http://www.cbc.ca/news/politics/us-canada-trade-counterfeit-pirated-imports-1.4426614
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Tue Dec 5, 2017 6:16 pm (EST) . Posted by:
"law_union_news" law_union_news
Canadian Man Gets Prison for Seeking Sex With Underage Girl A Canadian man has been sentenced to nearly four years in federal prison for travelling to Arizona with the intent of having sex with a minor. Dec. 4, 2017, at 6:11 p.m.
PHOENIX (AP) — A Canadian man has been sentenced to nearly four years in federal prison for travelling to Arizona https://www.usnews.com/news/best-states/arizona with the intent of having sex with a minor.
Prosecutors say 57-year-old Dilbagh Singh of Ontario received a 46-month sentence Monday in U.S. District Court in Phoenix. He faced a prison term of up to 30 years.
Singh previously pleaded guilty to international travel with intent to engage in illicit sexual conduct.
Court documents show Singh began a nearly four-month online relationship in January with a person he believed to be a 15-year old girl but actually was an undercover agent.
In May, Singh flew from Canada to meet the girl in northern Arizona.
He checked into a Flagstaff hotel with condoms and alcohol and was arrested by local police and federal authorities.
Copyright 2017 The Associated Press http://www.ap.org/
https://www.usnews.com/news/best-states/arizona/articles/2017-12-04/canadian-man-gets-prison-for-seeking-sex-with-underage-girl https://www.usnews.com/news/best-states/arizona/articles/2017-12-04/canadian-man-gets-prison-for-seeking-sex-with-underage-girl
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A Guide For Canadians Imprisoned Abroad
http://www.voyage.gc.ca/publications/imprisonment-emprisonnement-eng
Registration of Canadians Abroad
http://www.voyage.gc.ca/register
Vienna Convention on Consular Relations 1963
http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
International Transfer of Offenders Application
http://www.csc-scc.gc.ca/text/frmlrs/pdf/0308E.pdf
DATABASE of Canadians/Foreigners Detained in U.S.
http://ca.groups.yahoo.com/neo/groups/aicap-aifap/database
Civil Rights for Offender Transfers
http://www.angelfire.com/mi3/transferofoffenders/index.html
Bill C-15: International Transfer of Offenders Act
May 13, 2004
http://www.parl.gc.ca/common/bills_ls.asp?Parl=37&Ses=3&ls=c15
Prison lottery: Canadian inmates in U.S. often barred from transferring home
http://www.metronews.ca/news/canada/2016/06/23/prison-lottery-canadian-inmates-in-u-s-often-barred-from-transferring-home.html
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