Sessions DoJ Sues California

California, Gov. Jerry Brown and state Attorney General Xavier Becerra as co-defendants in the DoJ lawsuit.

Attorney General Jeff Sessions on Wednesday attacked the mayor of Oakland, California for warning residents about impending immigration raids, one day after filing a lawsuit against the state alleging it obstructs federal immigration enforcement.
“How dare you needlessly endanger the lives of law enforcement just to promote your radical open borders agenda,” Sessions said of Oakland Mayor Libby Schaaf.

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In his remarks, Sessions noted “worrisome” trends as violent crime increased in 2014 and 2015, particularly a surge in homicide and drug availability. He said that a lawful immigration system was part of tackling such trends.

Sessions said that while America admits the highest number of legal immigrants in the world, the American people deserve a legal, rational immigration system that protects the nation and preserves the national interest.

“It cannot be the policy of a great nation to reward those who unlawfully enter its country with legal status, Social Security, welfare, food stamps, and work permits and so forth. How can this be a sound policy?” he asked.

“Meanwhile, those who engage in this process lawfully and patiently and wait their turn are discriminated against, it seems, at every turn.”

Turning to California, he described “open borders” policies that refuse to apprehend and deport illegal immigrants as a “radical, irrational idea that cannot be accepted” and rejected the right of states to obstruct federal immigration law.

“There is no nullification. There is no secession,” he said. “Federal law is the supreme law of the land. I would invite any doubters to go to Gettysburg, or to the tombstones of John C. Calhoun and Abraham Lincoln.”

He then tore into Oakland Mayor Libby Schaaf, who tipped off the public to an immigration raid in the San Francisco Bay Area last week — a move he said led to as many 800 illegal immigrants evading capture and put both residents and law enforcement at risk. More here.

The 18 page complaint is here.

The lawsuit, filed in federal court in the state capital of Sacramento, challenges three specific laws:

— SB 54, which restricts law enforcement officials from notifying federal immigration agents about the release dates for prisoners in their custody who have been convicted and therefore face deportation. It also prohibits local officials from transferring those prisoners to federal custody.

As a result, the Justice Department says, immigration agents face greater danger in re-arresting the former prisoners once they’re back on the streets.

— AB 450, which forbids private employers from cooperating with immigration agents who conduct worksite enforcement operations. The law also requires employers to tell their workers when federal agents are coming to conduct inspections.

The Justice Department said a committee of the state legislature described the law as an effort to frustrate “an expected increase in federal immigration enforcement actions.”

— And AB 103, which requires the state to inspect detention facilities where federal authorities are holding immigrants who face deportation.

 

DACA and the Temporary Protected Status Back in Play, Check Houston

How about some White House officials visit Houston…

More than 100 countries are represented in Houston. Routinely ranked top in the country for job growth, with a school system where 80 percent of students are disadvantaged. For details, go here.

Lee High School for instance has 1700 students, a Vietnamese principal and student are from 40 different countries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Illegal immigrant “Dreamers” said they staged a sit-in to block the entrance to the Democratic National Committee’s offices in Washington on Monday in order to show they blame Democrats as well as Republicans for missing President Trump’s March 5 deadline for action.

Immigrant-rights activists who are U.S. citizens and who are supporting the Dreamers will also cancel their membership in the Democratic Party in order to make their point, the organizations said.

Monday marked six months since Mr. Trump announced a phaseout of the Obama-era DACA deportation amnesty. The president had said Congress should use the phaseout period to approve a new plan, with full congressional authorization, to grant DACA recipients legal status.

Mr. Trump offered a middle-ground approach, but the security enhancements went too far for Democrats, while his proposed amnesty for illegal immigrants went too far for many Republicans, and the bill stalled.

While Democrats have blamed the GOP, activists made clear Monday they will pin some of the blame on Democrats.

“The Democrats made the calculation to kick the can down the road and allow hundreds of thousands of us undocumented youth to live in uncertainty. We are anxious and we are scared of being torn away from their homes and our community”, said Maria Duarte, one of 683,000 people covered by DACA.

DNC Chairman Tom Perez, though, said Mr. Trump is the problem, calling his phaseout “cruel and reckless.”

“Donald Trump’s decision to end DACA created an unnecessary crisis that has left hundreds of thousands of Dreamers uncertain about their future. And now his arbitrary deadline has passed without any action from the president or Republicans in Congress,” Mr. Perez said in a statement.

The protesters Monday were part of the Seed Project, which staged a march from New York to Washington late last month, in anticipation of the March 5 deadline.

The protesters said they expect Congress to pass a “clean” bill granting perhaps 2 million illegal immigrants citizenship rights — without agreeing to any other provisions such as Mr. Trump’s planned border wall or changes to legal immigration policy.

Work permits expiring March 31 are automatically extended through Sept. 27

WASHINGTON—Current beneficiaries of Temporary Protected Status (TPS) under Syria’s designation who want to maintain their status through Sept. 30, 2019, must re-register between March 5, and May 4, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on the USCIS website.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, when they file Form I-821, or separately at a later date. Both forms are free on USCIS’ website at uscis.gov/tps.

USCIS will issue new EADs with a Sept. 30, 2019, expiration date to eligible Syrian TPS beneficiaries who timely re-register and apply for EADs. However, given the timeframes involved with processing TPS re-registration applications, USCIS is automatically extending the validity of EADs with an expiration date of March 31 for 180 days, through Sept. 27.

To be eligible for TPS under Syria’s current designation, individuals must have continuously resided in the United States since Aug. 1, 2016, and have been continuously physically present in the United States since Oct. 1, 2016, along with meeting the other eligibility requirements.

On Jan. 31, Secretary of Homeland Security Kirstjen M. Nielsen announced her determination that the conditions supporting Syria’s TPS designation continue. The secretary made her decision after reviewing country conditions and consulting with appropriate U.S. government agencies. Before the 18-month extension ends, the secretary will review conditions in Syria to determine whether its TPS designation should be extended again or terminated.

List of Companies, Amicus Brief Against Trump’s Sanctuary City Policy

The Senate defeated a GOP proposal based on President Donald Trump’s immigration framework.
The plan would have offered a path to citizenship for “Dreamers” and increased border security while also cutting legal immigration.
The vote was 39-60, with 60 votes needed for approval.

I say GOOD. It was fraught with loopholes and the actual number of illegals in question remained unknown.

Meanwhile, there is more going on with the whole sanctuary city thing. Hold on, you wont like this.

In 2017, State Atty. Gen. Xavier Becerra on Wednesday filed a brief in support of a Santa Clara County lawsuit challenging President Trump’s executive order targeting “sanctuary” cities that refuse to help federal authorities enforce immigration laws.

The amicus brief cites Trump’s threat to withhold federal funds from sanctuary cities and counties as well as the state’s interest in protecting state laws and policies that promote public safety and protect the constitutional rights of residents, Becerra said.

*** It gets worse… to read how the brief is cherry-picked on facts, go here.

So, there is a pile of companies that have filed an amicus brief against the Trump administration position on sanctuary cities.

The full list of tech companies (and a few others) that signed the amicus brief opposing President Trump’s executive order on immigration.

The full brief is available online.

1. AdRoll, Inc.

2. Aeris Communications, Inc.

3. Airbnb, Inc.

4. AltSchool, PBC

5. Ancestry.com, LLC

6. Appboy, Inc.

7. Apple Inc.

8. AppNexus Inc.

9. Asana, Inc.

10. Atlassian Corp Plc

11. Autodesk, Inc.

12. Automattic Inc.

13. Box, Inc.

14. Brightcove Inc.

15. Brit + Co

16. CareZone Inc.

17. Castlight Health

18. Checkr, Inc.

19. Chobani, LLC

20. Citrix Systems, Inc.

21. Cloudera, Inc.

22. Cloudflare, Inc.

23. Copia Institute

24. DocuSign, Inc.

25. DoorDash, Inc.

26. Dropbox, Inc.

27. Dynatrace LLC

28. eBay Inc.

29. Engine Advocacy

30. Etsy Inc.

31. Facebook, Inc.

32. Fastly, Inc.

33. Flipboard, Inc.

34. Foursquare Labs, Inc.

35. Fuze, Inc.

36. General Assembly

37. GitHub

38. Glassdoor, Inc.

39. Google Inc.

40. GoPro, Inc.

41. Harmonic Inc.

42. Hipmunk, Inc.

43. Indiegogo, Inc.

44. Intel Corporation

45. JAND, Inc. d/b/a Warby Parker

46. Kargo Global, Inc.

47. Kickstarter, PBC

48. KIND, LLC

49. Knotel

50. Levi Strauss & Co.

51. LinkedIn Corporation

52. Lithium Technologies, Inc.

53. Lyft, Inc.

54. Mapbox, Inc.

55. Maplebear Inc. d/b/a Instacart

56. Marin Software Incorporated

57. Medallia, Inc.

58. A Medium Corporation

59. Meetup, Inc.

60. Microsoft Corporation

61. Motivate International Inc.

62. Mozilla Corporation

63. Netflix, Inc.

64. NETGEAR, Inc.

65. NewsCred, Inc.

66. Patreon, Inc.

67. PayPal Holdings, Inc.

68. Pinterest, Inc.

69. Quora, Inc.

70. Reddit, Inc.

71. Rocket Fuel Inc.

72. SaaStr Inc.

73. Salesforce.com, Inc.

74. Scopely, Inc.

75. Shutterstock, Inc.

76. Snap Inc.

77. Spokeo, Inc.

78. Spotify USA Inc.

79. Square, Inc.

80. Squarespace, Inc.

81. Strava, Inc.

82. Stripe, Inc.

83. SurveyMonkey Inc.

84. TaskRabbit, Inc

85. Tech:NYC

86. Thumbtack, Inc.

87. Turn Inc.

88. Twilio Inc.

89. Twitter Inc.

90. Uber Technologies, Inc.

91. Via

92. Wikimedia Foundation, Inc.

93. Workday

94. Y Combinator Management, LLC

95. Yelp Inc.

96. Zynga Inc.

ADDED Feb. 6, 2017

97. Adobe Systems Inc.

98. Affirm, Inc.

99. Ampush LLC

100. Brocade Communications Systems Inc.

101. Bungie, Inc.

102. Casper Sleep, Inc.

103. Cavium, Inc.

104. Chegg, Inc.

105. ClassPass Inc.

106. Coursera

107. EquityZen Inc.

108. Evernote

109. Gusto

110. Handy Technologies, Inc.

111. HP Inc.

112. IAC/InterActive Corp.

113. Linden Lab

114. Managed by Q Inc.

115. MobileIron

116. New Relic, Inc.

117. Pandora Media, Inc.

118. Planet Labs Inc.

119. RPX Corporation

120. Shift Technologies, Inc.

121. Slack Technologies, Inc.

122. SpaceX

123. Tesla, Inc.

124. TripAdvisor, Inc.

125. Udacity, Inc.

126. Zendesk, Inc.

127. Zenefits

DeVos at Education Says CommonCore is Dead, Sorta

Fake news should also include news that is not reported unless you go find it as cable news such as CNN does not cover it.

In the case of education, there has been some significant success, CommonCore is dead, at least at the agency. But there is still a privacy concern as well as legislation on the databases dealing with students and families.

HR4174​ ​is another federal bill that will weaken parental ​and citizen ​authority and give the federal government flexibility to gather any data on any citizen on any topic they want, to answer their desired policy questions.

HR4174 was developed in response to the report by the Commission on Evidence-Based Policy-making (CEP). The justification is to monitor the effectiveness of federal programs, ​however no evidence is provided to:

  • ​      demonstrate that the federal government has the capacity to use evidence in policy development
  •       demonstrate the federal government has the capacity to protect personal data
  •    ​   demonstrate the federal government has the capacity to collect data accurately in the first place

Cradle to grave….does the Department of Education address this as CommonCore is dead?

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Betsy DeVos: Common Core is dead at U.S. Department of Education

U.S. Secretary of Education Betsy DeVos gave a far-ranging speech today in Washington at an American Enterprise Institute conference, “Bush-Obama School Reform: Lessons Learned.”

She announced the death of Common Core, at least in her federal agency.

DeVos also decried the federal government’s initiatives to improve education. “We saw two presidents from different political parties and philosophies take two different approaches. Federally mandated assessments. Federal money. Federal standards. All originated in Washington, and none solved the problem. Too many of America’s students are still unprepared,” she said.

And she touched on a favorite topic, school choice.

“Choice in education is not when a student picks a different classroom in this building or that building, uses this voucher or that tax-credit scholarship. Choice in education is bigger than that. Those are just mechanisms,” she said. “It’s about freedom to learn. Freedom to learn differently. Freedom to explore. Freedom to fail, to learn from falling and to get back up and try again. It’s freedom to find the best way to learn and grow… to find the exciting and engaging combination that unlocks individual potential.”

It was a long speech so I have edited it a bit here:

By Betsy DeVos

To a casual observer, a classroom today looks scarcely different than what one looked like when I entered the public policy debate thirty years ago…The vast majority of learning environments have remained the same since the industrial revolution, because they were made in its image. Think of your own experience: sit down; don’t talk; eyes front. Wait for the bell. Walk to the next class. Repeat. Students were trained for the assembly line then, and they still are today.

Our societies and economies have moved beyond the industrial era. But the data tell us education hasn’t.

The most recent Program for International Student Assessment, or PISA, report, with which you are all familiar, has the U.S. ranked 23rd in reading, 25th in science and 40th in math. And, you know this too: it’s not for a lack of funding. The fact is the United States spends more per pupil than most other developed countries, many of which perform better than us in the same surveys.

Of course there have been many attempts to change the status quo. We’ve seen valiant efforts to improve education from Republicans and Democrats, liberals, conservatives and everyone in between.

The bottom line is simple: federal education reform efforts have not worked as hoped.

That’s not a point I make lightly or joyfully. Yes, there have been some minor improvements in a few areas. But we’re far from where we need to be. We need to be honest with ourselves. The purpose of today’s conversation is to look at the past with 20/20 hindsight, examine what we have done and where it has – or hasn’t – led us.

With No Child Left Behind, the general consensus among federal policymakers was that greater accountability would lead to better schools. Highlighting America’s education woes had become an American pastime, and, they thought, surely if schools were forced to answer for their failures, students would ultimately be better off.

President Bush, the “compassionate conservative,” and Senator Kennedy, the “liberal lion,” both worked together on the law. It said that schools had to meet ambitious goals… or else. Lawmakers mandated that 100 percent of students attain proficiency by 2014. This approach would keep schools accountable and ultimately graduate more and better-educated students, they believed.

Turns out, it didn’t. Indeed, as has been detailed today, NCLB did little to spark higher scores. Universal proficiency, touted at the law’s passage, was not achieved. As states and districts scrambled to avoid the law’s sanctions and maintain their federal funding, some resorted to focusing specifically on math and reading at the expense of other subjects. Others simply inflated scores or lowered standards.

Where the Bush administration emphasized NCLB’s stick, the Obama administration focused on carrots. They recognized that states would not be able to legitimately meet the NCLB’s strict standards. Secretary Duncan testified that 82 percent of the nation’s schools would likely fail to meet the law’s requirements — thus subjecting them to crippling sanctions.

The Obama administration dangled billions of dollars through the “Race to the Top” competition, and the grant-making process not so subtly encouraged states to adopt the Common Core State Standards. With a price tag of nearly four and a half billion dollars, it was billed as the “largest-ever federal investment in school reform.” Later, the Department would give states a waiver from NCLB’s requirements so long as they adopted the Obama administration’s preferred policies — essentially making law while Congress negotiated the reauthorization of ESEA.

Unsurprisingly, nearly every state accepted Common Core standards and applied for hundreds of millions of dollars in “Race to the Top” funds. But despite this change, the United States’ PISA performance did not improve in reading and science, and it dropped in math from 2012 to 2015.

Then, rightly, came the public backlash to federally imposed tests and the Common Core. I agree – and have always agreed – with President Trump on this: “Common Core is a disaster.” And at the U.S. Department of Education, Common Core is dead.

On a parallel track, the Obama administration’s School Improvement Grants sought to fix targeted schools by injecting them with cash. The total cost of that effort was seven billion dollars.

One year ago this week, the Department’s Institute of Education Sciences released a report on what came of all that spending. It said: “Overall, across all grades, we found that implementing any SIG-funded model had no significant impacts on math or reading test scores, high school graduation, or college enrollment.”

There we have it: billions of dollars directed at low-performing schools had no significant impact on student achievement.

So where does that leave us? We saw two presidents from different political parties and philosophies take two different approaches. Federally mandated assessments. Federal money. Federal standards. All originated in Washington, and none solved the problem. Too many of America’s students are still unprepared.

Throughout both initiatives, the result was a further damaged classroom dynamic between teacher and student, as the focus shifted from comprehension to test-passing. This sadly has taken root, with the American Federation of Teachers recently finding that 60 percent of its teachers reported having moderate to no influence over the content and skills taught in their own classrooms.

Let that sink in. Most teachers feel they have little – if any — say in their own classrooms.

That statistic should shock even the most ardent sycophant of “the system.” It’s yet another reason why we should shift power over classrooms from Washington back to teachers who know their students well.

Federal mandates distort what education ought to be: a trusting relationship between teacher, parent and student.

Ideally, parent and teacher work together to help a child discover his or her potential and pursue his or her passions. When we seek to empower teachers, we must empower parents as well. Parents are too often powerless in deciding what’s best for their child. The state mandates where to send their child. It mandates what their child learns and how he or she learns it. In the same way, educators are constrained by state mandates. District mandates. Building mandates… all kinds of other mandates! Educators don’t need Washington mandating their teaching on top of everything else.

But during the years covered in your volume, the focus was the opposite: more federal government intrusion into relationships between teachers, parents and children.

First, we need to recognize that the federal government’s appropriate role is not to be the nation’s school board. My role is not to be the national superintendent nor the country’s “choice chief” – regardless of what the union’s “Chicken Littles” may say! Federal investments in education, after all, are less than 10 percent of total K-12 expenditures, but the burdens created by federal regulations in education amount to a much, much larger percentage.

The Every Student Succeeds Act charted a path in a new direction. ESSA takes important steps to return power where it belongs by recognizing states – not Washington — should shape education policy around their own people. But state lawmakers should also resist the urge to centrally plan education. “Leave it to the states” may be a compelling campaign-season slogan, but state capitols aren’t exactly close to every family either. That’s why states should empower teachers and parents and provide the same flexibility ESSA allows states.

But let’s recognize that many states are now struggling with what comes next. State ESSA plans aren’t the finish line. Those words on paper mean very little if state and local leaders don’t seize the opportunity to truly transform education. They must move past a mindset of compliance and embrace individual empowerment.

Under ESSA, school leaders, educators and parents have the latitude and freedom to try new approaches to serve individual students.

My message to them is simple: do it!

Embrace the imperative to do something truly bold… to challenge the status quo… to break the mold.

One important way to start this process is to make sure that parents get the information they want and need about the performance of their children’s schools and teachers. ESSA encourages states to be transparent about how money is spent, down to the school-building level.

Some states have developed information that is truly useful for parents and teachers. Others have worked just as hard to obfuscate what is really going on at their schools. To empower parents, policymakers and teachers, we can’t let “the system” hide behind complexity to escape accountability.

We must always push for better.

ESSA is a good step in the right direction. But it’s just that – a step. We still find ourselves boxed in a “system,” one where we are in a constant battle to move the ball between the 40-yard lines of a football field. Nobody scores, and nobody wins. Students are left bored in the bleachers, and many leave, never to return.

So why don’t we consider whether we need a new playbook?

That brings me to point number two. And, to finish the analogy… let’s call a new play: empowering parents.

Equal access to a quality education should be a right for every American and every parent should have the right to choose how their child is educated. Government exists to protect those rights, not usurp them.

So let’s face it: the opponents of parents could repeal every voucher law, close every charter school, and defund every choice program across the country.

But school choice still wouldn’t go away. There would still be school choices… for the affluent and the powerful.

Let’s empower the forgotten parents to decide where their children go to school. Let’s show some humility and trust all parents to know their kids’ needs better than we do.

Let’s trust teachers, too. Let’s encourage them to innovate, to create new options for students. Not just with public charter schools or magnet schools or private schools, but within the traditional “system” and with new approaches yet to be explored.

What we’ve been doing isn’t serving all kids well. Let’s unleash teachers to help solve the problem.

You know, I’ve never heard it claimed that giving parents more options is bad for mom and dad. Or for the child. What you hear is that it’s bad for “the system” – for the school building, the school system, the funding stream.

That argument speaks volumes about where Chicken Little’s priorities lie.

Our children deserve better than the 19th century assembly-line approach. They deserve learning environments that are agile, relevant, exciting. Every student deserves a customized, self-paced, and challenging life-long learning journey. Schools should be open to all students – no matter where they’re growing up or how much their parents make.

That means no more discrimination based upon zip code or socio-economic status. All means all.

It’s about educational freedom! Freedom from Washington mandates. Freedom from centralized control. Freedom from a one-size-fits-all mentality. Freedom from “the system.”

Choice in education is not when a student picks a different classroom in this building or that building, uses this voucher or that tax-credit scholarship. Choice in education is bigger than that. Those are just mechanisms.

It’s about freedom to learn. Freedom to learn differently. Freedom to explore. Freedom to fail, to learn from falling and to get back up and try again. It’s freedom to find the best way to learn and grow… to find the exciting and engaging combination that unlocks individual potential.

Which leads to my final point: if America’s students are to be prepared, we must rethink school.

What I propose is not another top-down, federal government policy that promises to be a silver bullet. No. We need a paradigm shift, a fundamental reorientation… a rethink.

“Rethink” means we question everything to ensure nothing limits a student from pursuing his or her passion, and achieving his or her potential. So each student is prepared at every turn for what comes next.

It’s past time to ask some of the questions that often get labeled as “non-negotiable” or just don’t get asked at all:

Why do we group students by age?

Why do schools close for the summer?

Why must the school day start with the rise of the sun?

Why are schools assigned by your address?

Why do students have to go to a school building in the first place?

Why is choice only available to those who can buy their way out? Or buy their way in?

Why can’t a student learn at his or her own pace?

Why isn’t technology more widely embraced in schools?

Why do we limit what a student can learn based upon the faculty and facilities available?

Why?

Now, I don’t have all the answers or policy prescriptions. No one person does. But people do know how to help their neighbors. People do know how they can help a dozen students here or 100 there. Because they know the students. They know their home lives. They know their communities. They know their parents. They know each other.

I’m well aware that change — the unknown – can be scary. That talk of fundamentally rethinking our approach to education seems impossible, insurmountable.

But not changing is scarier. Stagnation creates risks of its own. The reality is… we should be horrified of not changing.

In Defiance, Governors Issues Pardons to Deportees

It is argued that the Democrats want the illegals to stay in country due in part to gaining their vote. There is truth to that for sure, yet advocacy organizations raise a LOT of money which is in the end more important to the Democrat base for campaign contributions.

For a list of pro-amnesty groups covering all industry and social classifications, go here.

Perhaps as a reminder it is prudent to mention that Obama led the charge for clemency and pardons as noted here.

President Obama offered clemency to seven Iranians charged with violating U.S. trade sanctions against Iran as part of a historic prisoner agreement with Iran that freed four Americans Saturday, including Washington Post reporter Jason Rezaian.

The Iranians, six of whom are dual U.S.-Iranian citizens, were imprisoned or were pending trial in the United States. The U.S. government dismissed charges against 14 other Iranians, all outside the United States, after assessing that extradition requests were unlikely to be successful, according to a U.S. official. More here.

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New York Gov. Andrew Cuomo mimicked California Gov. Jerry Brown’s approach to immigration, pardoning 18 convicted illegal immigrants who faced deportation.

Cuomo, a Democrat, praised himself on Twitter for his compassion Thursday before linking to a New York Times article supporting the move.

Related reading: In hopes of getting around federal law, immigrants seek governors’ pardons to block deportation

Defying Trump again, Jerry Brown pardons immigrants about to be deported

Escalating the state’s showdown with the Trump administration over illegal immigration, California Gov. Jerry Brown used a Christmas holiday tradition to grant pardons Saturday to two men who were on the verge of being deported for committing crimes while in the U.S.

Brown, pairing his state’s combative approach to federal immigration authorities with his belief in the power of redemption, characterized the pardons as acts of mercy.

The Democratic governor moved as federal officials in recent months have detained and deported immigrants with felony convictions that resulted in the loss of their legal residency status, including many with nonviolent offenses that occurred years ago.

With the pardons, the reason for applicants’ deportations may be eliminated, said attorney Kevin Lo of Asian Americans Advancing Justice-Asian Law Caucus, which represented some of the men in a recent class-action lawsuit.
The pardoned immigrants will still need to ask immigration courts to reopen their cases, he said.The detentions of felons has focused on specific ethnic groups in past months, including Cambodians and Vietnamese, according to immigration lawyers handling the cases. Cambodia has been reluctant to repatriate former felons, but acquiesced to accepting more after the State Department stopped issuing visas in September to a small group of top Cambodian officials and their families.

Two of Brown’s pardons are Northern California Cambodian men picked up in October in those immigration sweeps, Mony Neth of Modesto and Rottanak Kong of Davis.

Kong was convicted on felony joyriding in 2003 in Stanislaus County at age 25 and sentenced to a year in jail. Neth was convicted on a felony weapons charge with a gang enhancement and a misdemeanor charge of receiving stolen property with a value of $400 or less in 1995 in Stanislaus County.

Both men came to the United States as children after their families fled the Khmer Rouge regime, and neither has engaged in criminal activity since being released from prison.

Kong and Neth were scheduled to be deported Monday, but a federal judge issued a temporary restraining order last week in the lawsuit filed by Lo’s team, delaying their departure.

Neth, 42, was unexpectedly released from Rio Cosumnes Correctional Center on Friday, said his wife, Cat Khamvongsa, and is back home with his family – albeit with an ankle monitor.

“We gave him a big hug,” she said of herself and her 16-year-old daughter. “We’re so happy.”

In a phone interview Friday night while on his way to Costco, Neth said he was asleep Friday morning when a guard at the detention facility near Elk Grove called his name.

“I knew right then I was coming home,” Neth said. “It’s the best Christmas gift ever. … I don’t want to be anywhere else in the world.”

Despite the governor’s pardon, Neth still faces legal hurdles, Lo said.