Hurricane Katrina: Legal Issues - Columbus School of Law

The answer to this question is complicated. On the one hand, FEMA’s website clearly states that the agency will not
be collecting this information. However, in contrast to the reaction of federal officials after September 11th, the
federal government has indicated that it could use information collected in the process of providing disaster relief in
future deportation proceedings. Joanna Gonzalez, a Department of Homeland Security spokeswoman recently stated
that, “[t]he administration’s priority is to provide needed assistance: water, food, medical care, shelter . . . However,
as we move forward with the response, we can’t turn a blind eye to the law.” Immigrants who disclose their status to
federal officials therefore appear to face some risks.
Q: If immigrants accept disaster benefits, are they at risk of being considered a “public charge”?
No. Accepting disaster assistance will not have a negative consequence on immigration status as long as the
assistance is not obtained fraudulently.
Procedural Affect(s) of Hurricane Katrina on ICE and EOIR
Introductory Note:
As of September 27, 2005, ICE (part of DHS) and EOIR (part of DOJ) have been, by all accounts, flexible, but have
not provided a great deal of in-writing, concrete changes to the rules and regulations regarding enforcement and
litigation that people can rely on to at least some degree of legal certainty. In the ICE and EOIR sections, I have laid
out what we have actually been told by the relevant government agency or authority.
Immigration and Customs Enforcement (ICE)
ICE has released a fair amount of information related to the affect of Hurricane Katrina on international students. For
background, the Student and Exchange Visitors Program (SEVP) is a division of ICE. SEVP maintains SEVIS (the
Student and Exchange Visitors Information System) which is a web-based system to maintain and disseminate
information on international students and exchange visitors in the U.S.
[SEVIS] has received numerous questions regarding international students who have been impacted by Hurricane
Katrina. ICE has established a toll free number (800-961-5294) for students who are attending a school that is
affected by Hurricane Katrina and are unable to contact their Designated School official. Students can also email
SEVIS at SEVIS.Source@dhs.gov. (source: ICE website)
As expected, advocacy groups have requested (via petition) that DHS place a moratorium on deportations with
regards to the present crisis. As of date of publishing, DHS has not acted specifically on this request and, to date, no
such moratorium is in place.
Executive Office for Immigration Review (EOIR)
The Immigration Court in New Orleans is closed until further notice, and thus filings cannot be made there. The BIA
has suspended briefing for all cases arising out of New Orleans. (as of Sept. 27, 2005 DOJ/EOIR website reports only
that the N.O. Immigration Court is closed and the BIA has suspended consideration for all cases arising out of N.O. –
the website promises updates “as warranted.”)
EOIR is working on a uniform policy for filings, and hopes to release something soon. All specific inquiries thus far
regarding deadlines affected by Hurricane Katrina have been met with great flexibility and understanding. (source:
AILA)
Criminal Law