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WBEN NewsRadio 930>Audio & Video on Demand>>Matthew Kolken- Immigration Attorney

Matthew Kolken- Immigration Attorney

Jun 22, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

The White House has announced a surge of spending to deal with a surge of illegal immigration. Just since October the United States picked up 52000. Unaccompanied children crossing into the US from Mexico. Most from Central America. The US will spend 93 million dollars to repatriate them and help Central American countries fight the violence that's driving young people here. Here's CBS news correspondent and a Warner was some of the politics involved. -- White House blames the surge of border crossings on what it calls a deliberate misinformation campaign by Central American smugglers. Raoul or -- a deputy chief Border Patrol agent. We're hearing to a similar until sources that there are telling the population down there that. -- become the US you know perhaps you're gonna be released which is not the case they're not going to be afforded. -- any new benefits right now. Then they would have received a month ago or two months ago. Police in south Texas aren't convinced the new measures will work. Starting tomorrow the border -- patrol begins flights to -- Central American migrants from Texas to California. Starting to process them out of the nation at the same time the federal government says it's in tightening its fingerprint policy for migrant children. And they're starting to look for new detention facilities take care of all of us to try and get some people in a facility where they can be held before they decide their status. The right now looking at one in New Mexico news broke over the weekend in the Buffalo News that they also briefly looked at. Possibly using the former. Holiday -- on Grand Island his detention facility. It was in bankruptcy was a dormant for a little while so Border Patrol agents checked that out only the -- it's an operating hotel. Let's talk more about all of this Matthew -- can this year he's an immigration attorney in buffalo from coal and -- and Matthew thanks for joining us this morning. What do you make of all this why's this happening wire people streaming over the border and the US in such numbers especially children. Well it's a complex answer. The first stop these aren't the first thing I wanna come and gone is the fact that this is an illegal immigration this is actually legal immigration these these are these are refugees that are skating. A -- down in Central America that is partially. Default. The current administration's deportation policies. I'm not so I think that that's the Obama administration is waging war down in Central America but. There's been. -- record deportations of of very bad people who can come back to these countries and these young children are escaping. The violence. That is side that it it will reveling in their countries and as refugees they are legally entitled to seek protection in the United States who are insisting on. Don't we have to certify. A nation or group of people as refugees in order for them to get that qualification have we -- so. Well not necessarily as an individual fears persecution in their home country on account of one of the enumerated group's other race religion political. A police -- membership in a particular social group if they if they articulated fear. When attempting to come to the United States. They can if if it's dead if you're deemed to be credible. They can be pulled into the United States given me a legal status which basically permits them to physically and should be left without being lawfully admitted. In order to pursue an asylum -- before immigration -- And you say that this is all because of of deportations initially of of some folks back to Central America and I. Well not at all obviously. The Republicans campaigning the problem as stemming from. The Obama administration's. Previous. -- proposals and policies of providing. Lawful status for it's certainly good young children who entered the United States under the age of sixteen and that are under 31 that you enactment. Of of the policy change which it was it was enacted two years ago it was called deferred action for child for the arrivals. Dhaka. And they're saying that that was care that that is. Having. An unfortunate effect by having individual. In -- number streamed to the US hoping that they can also take advantage of those policies. All right. You said the Republicans are making that charge do you feel it's a valid charge. It's a tough. -- that is that the tough question to answer. I think it's the perfect storm to be honest with you. We've got all of these factors that are contributing to. The wave of immigrants that are coming in the United States and it's really. There's no way that you consider at any one specific. Problem is the reason why it happened. One what happens next how do you see this playing out. While. Well I. I think that there's going to be substantial amount of these these people deported from the United States that there are most of them are unaccompanied minors I mean there's. Report that I heard yesterday where hundreds of. But how birds are coming to the United States without their parents. These are obviously children with no financial means -- ability to. To higher representation. The Obama administration has allocated some resources to provide these individuals with attorneys. It's obviously not going to be enough and there's some dangerous for that because just because someone has counseled look to me that they have competent counsel the US immigration laws. Is probably the most complex and it you know all the laws in the United States -- tax law. You you need to have. A tremendous amount of experience to be able to navigate the troubled waters of the US immigration. And there was a report this weekend in the Buffalo News that they had briefly looked as as they're starting out look at detention facilities. They've briefly looked at the former Holiday -- on Grand Island. This is almost a funny story that I had it only as quick anecdote. It was in bankruptcy the hotel was dormant but when Border Patrol and Homeland Security officials arrived this week and kind of scope it out see if they could possibly use the facility they found is still yes Ben rehab it's an operating hotel. You worked with the Border Patrol you certainly worked with the Homeland Security in and customs and immigration before. Is this just a comic tale or does this kind of testify to the the nature of what we're dealing with here. A Lotta Lotta Lotta Lotta. People coming over the border. Are they kind of in panic mode scrambling now to deal with these folks. Absolutely they have no idea how to deal with the issue. -- and rightfully so. No one could have. Conceived of the other day. That there would be tens of thousands of of unaccompanied minors screaming in the United States I've never seen anything like -- I don't think it. There's been anything that can rival in the history of US immigration law. Okay we take great break on the other side feather in a couple of phone calls its headline news radio 930 W. And this is -- -- immigration attorney Matthew Colton is here from the buffalo firm of Cole and -- and just since October the United States is picked up 52000. Unaccompanied children crossing into the United States from Mexico. Most of them coming in from Central America. 8030930s. Number he's with us till 11 o'clock enough time to maybe squeeze in. Just a couple of quick phone calls and we start that off with Tony and -- he has that Tony Clarence high. Good morning -- -- I would a couple of Beck spent a lot about the current administration. As important over two million people. Secondly the senate pass but they'll -- -- -- -- percent well. Get an immigration reform bill until that particular congress what do they don't appear on -- ranch and -- -- -- -- They refused that got up what many solutions. Or even get on the court. I want artery interstates looked at this site is dependent sentences -- lack of trust sort of -- -- and during public -- panic and knowing that they departed -- administration to part of a million people. National bank and equally urgent need for a new immigration bill passed. By the president -- The current elbow and I mean -- don't -- it -- I battle for the dollar. I thought for EG Gilbert but it -- the United States need to be here. Tony Allen -- Tony why do you mentioned the fact that the president has deported people make them relevant to your argument. I -- apparently got that we public -- not consider the other person that adds. By somebody that aren't getting that they claim he has not kind of -- he is not. Nobody can pop up window. -- managed to a million people are being put it not allowing the law and by the way the Democrats that I don't progressives. And I think the public the president big party -- many people. And that you can't -- and it terrible and ended -- lyrics are in the Central America part of it is sending people are you kidding me. That they all the years. Tony I do get your point I don't know if you can blame the house for not passing what the senate does if the senate won't pass with a house that I mean were were divided here Republican Democrat between those two bodies so that one -- that we argument I wanna poll out. But the rest of it it Matthew weigh on in here magical can immigration attorney. What do you think about what Tony just said. Well I I think you -- -- point. But it is the issue is extremely complex personal but that the bill would pass the senate. -- is deeply flawed and really does not in many instances fault that the current crisis that that the country has with the record deportations. House Republicans have been quietly working behind the scenes are cobbled together a series of piecemeal. Bills. Which unfortunately they have dragged their feet and have been unwilling to. To introduce says Tony points out it's based on. They're. They're specious claim said that that President Obama is not to enforcing the law which as you point out it's clearly happening. To the tune of two million deportations. And five and half years approximately. I'm so that the the problem is that there's a lot of politics going on there that Republicans want immigration reform on their own terms. The Democrats want their bills so could both both parties want to claim victory over it. And and by playing politics. The the issue stayed alive which. Would benefit the -- the Democrats and to be quite candid. Because. They're able to paint the Republicans and anti immigrant which which will potentially drive voters to the polls and and the polls. And the polls do show that the vast majority of from the American public wants to have immigration reform and some form. All right Kevin and Pendleton thanks for waiting it's your turn now -- Target right gentlemen. BP's part of the problem or -- respectively immaturity here is that. We are used in the here and beat you sort of hear -- we. Are we -- immigration mr. complete system are sweep of the illegal immigration. He successfully illegally immigration take increase in the country we have are Republicans and Democrats. Definitely he Republicans and the cheaper car was once you're. -- who all. We teach our people. To their advantage and maybe some voters and -- Democrats as -- rarely. New fortunes okay we don't need to reform anything we just need to enforce the rule under -- -- faster read or it's they're perfect example. Net approach that issue because it's toxic he referred to record reaches all all all. All -- treat immigrants so he read it registered a polite and optical. And certain okay and I'm I'm very weak armed police say that. That that -- in the Obama administration has deported so many. -- home in record here are illegal immigrants this and been fortunate numbers because they're talking aboard the people who been stopped. Are the border -- all -- court courses at a border did a talk of what do people who. Already -- eagerly and who the Democrats definitely wants to -- you know registered Democrats. All right let's pick up let's pick up on the last one Matthew if someone's turned away at the border does that count as deportation. Well that and the way that they -- statistics is confusing first of all their content and border protection and those statistics are. Our compiled as people who are being returned -- -- are being. Refused to admission to the United States and an immigration and customs enforcement as interior interior enforcement. But. It's not so clear cut because there's a hundred -- mile radius around the border. That. Debt is included in Customs and Border Protection statistics. And that's where about three quarters of all the population in the United States lives and where the majority of the immigrants went so. And individual whom they have lived in the United States for decades plus who encountered by Customs and Border Protection. Will be not -- in their statistics rather than in places statistics so. Is it's it's very difficult that the park would be able to determine. Whether or not individuals are being caught trying to come into the US -- already in the country have been here for years. And even an -- even if a lot of these folks are taken to a detention center and eventually processed out of the country. What do you think the impact of this surge of of children will be politically does it does it push the case for immigration reform. Unfortunately I don't think it does. Because -- We wanna be able to control our borders at least IQ. I'm not an open border advocate I would like us to be able to. Our control the flow of individuals that are coming into the United States that we know that the right people are coming here and we decide who the right people are. That being said. That there are. And that's something to the last caller pointed out there about with whether or not we need comprehensive immigration reform -- we need to just enforce the current law. There are small tweaks that we could do to the current law congressman Labrador is proposed. Potentially changing the law so that the three and ten year bars which individuals that are here illegally trigger when they depart have those eliminated so that. If they have the qualifying relative or an employer who wants to sponsor them they would be able to depart the United States and return legally with a visa through the normal channels. So maybe we don't need a full comprehensive solution but there are. Specific tweaks that absolutely have happened to have our laws work in a way to prevent these types of problems from a current. In addition that we need guest worker program because if in fact we've got individuals who wanna come to the US to work. And they have a legal ability to do so. They're not gonna come over illegally it will be will be able to use the proper channels they have the proper channels to take advantage. I'm Matthew the topics clearly bigger than the amount of time we have left thanks so much for doing this morning good stuff. I'll be here for you can mean. -- got to deal will have down again. That's Matthew coal and with coal can and -- can local immigration attorney firm here in buffalo talking about obviously the big surge of kids coming up from the southern border.

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