Immigration courts to focus on detainees, not kids' cases

Immigration Law

U.S. immigration courts are making a change to focus on deportation hearings for immigrants jailed by the federal government, giving less urgency to cases of children and families who were stopped on the U.S.-Mexico border and released.

Chief Immigration Judge MaryBeth Keller said in a memo Tuesday that the top priority for immigration judges will be scheduling quick hearings for anyone who is detained. That might potentially free up space in an immigrant jail system that is already well beyond capacity, immigration lawyers said.

While immigrants in jail have always been a priority, the Obama administration also had judges focus on children and families stopped on the U.S.-Mexico border in an attempt to deter more people from coming.

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Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

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