Preclearance: Cleared for Takeoff

Preclearance, also commonly known as pre-flight inspection, is offered by US Customs and Border Protection (CBP) at select locations around the world and allows US-bound passengers to undertake all immigration, customs, and agricultural inspections prior to boarding the flight outside the US.  

How is preclearance different than the “normal” post-flight inspection upon arrival in the US?
A preclearance inspection is essentially the same inspection that travelers would undergo at a US port of entry. The only difference is that it is conducted outside the US. The advantage is that preclearance provides for domestic-style arrivals at US airports. Generally no additional immigration/customs forms will need to be completed upon arrival in the US.

Where are preclearance sites located?
There are many preclearance locations all around the world in such countries as Canada, Bahamas, Bermuda, Aruba, Ireland, and the United Arab Emirates (and possibly one day in the UK). These locations are based on agreements between the US and the host country, which allows CBP to staff officers at host airports and facilitate the customs and immigration process for passengers prior to arrival in the US.

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Immigration Wins and Losses

Navigating US immigration law can be daunting, complex, and, at times, frustrating—for both attorneys and foreign nationals. Immigration law changes and bureaucratic delays and hurdles can seem insurmountable. There are good and bad days for immigration cases, and today we take a look at some recent wins and losses in the world of immigration law.

Wins
Dario Guerrero Meneses is a third-year Harvard student. He is also an undocumented immigrant who left the US without travel authorization (effectively "deporting" himself) to take his dying mother to Mexico for alternative medical treatment. He said: "'I don't think I'd be able to forgive myself for letting her basically continue the decline in her condition[.]'" His mother died in August, and after being unable to reenter the US from Mexico for months, he was granted permission to return home, where he will have to reapply for Deferred Action for Childhood Arrivals (DACA) for "Dreamers."

Will immigration reform be passed? Everyone (including us) has been asking this question since the Senate passed their own comprehensive immigration reform bill, S. 744, back in June 2013. President Obama promised and then delayed executive action. But a newly-released draft solicitation by US Citizenship & Immigration Services (USCIS) possibly hints at good news. The USCIS "Request for Proposal" is seeking a vendor who can produce a minimum of four million blank cards per year for five years, and nine million in the early stage. These appear to be cards that would be used for Green Cards and employment authorization documents—suggesting possible major executive action regarding immigration reform. A USCIS official says the vendor proposal was sought "'in case the president makes the move we think he will,'" and that the agency has not yet committed to buying these materials.

The Obama administration announced "The Haitian Family Reunification Parole Program" that "would reduce the lengthy delays facing thousands of Haitians who have already been approved to join family members in the United States and become legal permanent residents." While this is not part of President Obama's executive action on immigration reform, he could potentially enact similar measures to deal with the lengthy wait times that many foreign nationals experience in waiting to join family members in the US.

Losses
The practice of immigration law has many challenges, but most attorneys (okay, pretty much all) will never need to bring their four-week-old infant child to immigration court. This, however, happened to attorney Stacy Ehrisman-Mickle when an immigration judge in Atlanta denied her request to delay a hearing that fell within her six-week maternity leave. With her husband working out of town and no family in the area, she had no choice but to bring her newborn child with her. The judge then "scolded her for inappropriate behavior and commented that her pediatrician must be appalled that she was exposing the baby to so many germs in court[.]" Ms. Ehrisman-Mickle filed a formal complaint against the judge that day.

Overstaying the visa waiver program is taken very seriously by immigration authorities. Ben Sangari, a British man with plans to invest $1.5 million in the Buffalo area, found this out when he was stopped for a speeding ticket and is now in an immigration detention facility in Batavia, New York. While in detention he married his fiancée, who is from Buffalo, but an ICE spokesman said: "'After conducting a comprehensive review of Mr. Sangari's case, U.S. Immigration and Customs Enforcement (ICE) has chosen not to exercise prosecutorial discretion in this matter. Additionally, under the visa waiver program, Mr. Sangari is subject to mandatory detention and his case is not eligible for immigration court hearings." 

In West Africa, the death toll from Ebola exceeds four thousand and the region's inadequate healthcare infrastructure is desperately struggling to deal with the crisis. Meanwhile in the US, Ebola fear is leading to hysteria and racism against Africans as well as backlash against immigrants from Mexico and Central America.

To end on a more positive note, kindergarten students in Texas won a competition to name a recently-adopted Mustang horse, as part of a program by the Laredo Sector Border Patrol. The horse's name: Bravo.

The Best of Chelsea Market

As long-time employees of Daryanani & Bland, we have both visited the nearby Chelsea Market (on 9th Avenue between 15th and 16th Streets) many, many times. It's quite a busy spot, however, and tourists swarm with good reason—Chelsea Market boasts over thirty-five vendors; the High Line is right outside; and there are sample sales going on all the time (something that’s proven to be an unfortunate blow to our savings account).

While we are very excited to hear about new lunch options in our neighborhood (hello, Gansevoort Market!), we set out one week to review some of the lunch spots of Chelsea Market (including vegetarian options). Our comments are geared toward the busy (and budgeting) work person—you’ll find no discussion of ambiance or mood here, but rather about what tastes good, what’s cheap, and when best to beat the crowds (even though really, you can’t).

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The New Yorker: "Pets Allowed"

The Transportation Security Administration (TSA) has an extensive list of prohibited items but does, of course, allow travelers to bring their pets (not just service animals) through security, letting airlines decide their own pet travel policy. Reporter Patricia Marx recently tested TSA's response (as well as JetBlue's) by bringing a one-year-old pig named Daphne with her on a flight from Newark to Boston. (In this experiment with "emotional-support" therapy animals, she also brought a turtle to the Frick Collection, a wild turkey on the Hampton Jitney as well as to Katz’s Delicatessen, and an alpaca to a pharmacy—though Ms. Marx had hoped to travel with the alpaca on Amtrak.)

Ms. Marx's conclusion: "I’m pleased to report that passing through security with a pig in your arms is easier than doing so without one: you get to keep your shoes on and skip the full-body scanner." JetBlue also welcomed the additional traveler, and on the return trip from Boston, Daphne got to pre-board, where she was welcomed by the delighted flight attendants.

In lieu of traveling with pigs, those who want to save time at security or US customs (traveling internationally with animals has its own difficulties) should look into TSA preCheck and Global Entry.

All Immigrants Are Artists

"Once, before my graduation, I’d mentioned the possibility of changing direction and not studying diplomacy as I’d been planning. Papi thought I meant I’d join him and Santi at the family business, but when I said I was considering something more creative, he shook his head as if I’d been terribly mistaken and said there was no need for that; I was already an artist by blood; all immigrants are artists because they create a life, a future, from nothing but a dream. The immigrant’s life is art in its purest form."

- Patricia Engel, It's Not Love, It's Just Paris

The Ebola Crisis and the Effect on Travel From Western Africa

Liberian national, Thomas Eric Duncan, has become the first person to die in the US from the effects of the Ebola virus. Anti-immigration critics were using Mr. Duncan's immigration status (he was reportedly in the US on a visitor visa) to advocate for travel restrictions or bans for those from the West African nations hardest hit with the worst Ebola outbreak in history. Calling the late Mr. Duncan another "visa mistake," Jessica Vaughan of The Center for Immigration Studies estimated that there are about 13,000 people from Liberia, Sierra Leone, and Guinea with valid visas to travel to the US, and faulted the Obama administration on their refusal to "use immigration controls even to protect the homeland."  (Senator Ted Cruz suggested restricting or banning flights to West Africa and one US general expressed apocalyptic-type fears of mass immigration to the US border by infected Central Americans.)  In addition, a recent survey found that a majority of respondents wanted flights from the "Ebola" countries banned.

President Obama called the Ebola outbreak a matter of national security and said that the "ability of people who are infected to carry that [Ebola virus] across borders is something that we have to take extremely seriously." While the president did not discuss visa bans or restrictions, in response to the US outbreak and the death of Mr. Duncan, federal officials announced they will begin additional screenings at five US airports, including Kennedy International Airport here in New York City, for passengers from Liberia, Sierra Leone, and Guinea. 

The Department of Homeland Security explained how such screenings would work for travelers as they exited their home country and subsequently attempted to enter the US. Travelers will be given information on Ebola and its symptoms before being questioned about their exposure to Ebola and having their temperature taken. If travelers have a fever or have been exposed to Ebola, they will be referred to the Centers for Disease Control and Prevention (CDC) for additional evaluation. For the late Mr. Duncan, these temperature screenings would not have mattered in all likelihood, as he reportedly did not display symptoms until several days after he entered the US. 

The State Department indicated that while they ordered the departure of family members of Embassy staff in Monrovia and Freetown due to lack of routine health care services, their "Embassies remain open and will continue business as usual in Guinea, Liberia, Nigeria, and Sierra Leone. They also said: "We remain deeply committed to supporting regional and international efforts to deliver health care as well as contain and control the transmission of the Ebola virus."

The US Embassy in Monrovia, Liberia has stated that visa applicants will be screened for symptoms of Ebola and any visitors exhibiting symptoms will be asked to leave and reschedule the interview. In general, the US Embassies in West Africa have posted information on the US government's fight against Ebola, including the "White House Fact Sheet" detailing the US government's four-point strategic response:

  • Controlling the epidemic at its source in West Africa;
  • Mitigating second-order impacts, including blunting the economic, social, and political tolls in the region;
  • Engaging and coordinating with a broader global audience; and
  • Fortifying global health security infrastructure in the region and beyond.

To meet these goals the government is using US military and broader uniformed services for command, logistics, training and engineering, and is providing new resources, such as health care and hospital staff, Ebola Treatment Units, protection kits, and home health care kits, in addition to the resources, staff, health specialists, and emergency supplies already provided.

As we reported, US Citizenship & Immigration Services still has certain immigration-relief measures for nationals of Guinea, Liberia, and Sierra Leone who are currently in the US.

The White House Fact Sheet notes: "Every outbreak of Ebola over the past 40 years has been contained, and we are confident that this one can—and will be—as well."

Travel Report: AILA in Seattle

This year I had the great opportunity to attend the annual fall conference of the American Immigration Lawyers Association (AILA), held in Seattle, Washington. The theme of the conference this fall was “Mastering the Art of Removal Defense,” and consisted of an all-day Continuing Legal Education program designed to provide attorneys with a review of the basics of representing immigrants in removal proceedings as well as the latest developments in the law. The program also included a report from several attorneys who had recently volunteered for the hundreds of mothers and children detained at the Artesia facility as well as an update on the lawsuits filed recently to try to shut down that facility and put a stop to the expedited deportation practices of the Obama administration in response to the border surge.

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