Will 2017 and the years to follow bring in a new reality at U.S. Borders? Initial indications are concerning. Several reports have already been filed regarding unprofessional and intolerable treatment of both immigrants and U.S. Citizens at ports-of-entry. In one instance two U.S. Citizens who are Muslims were questioned about their social media use and asked for passwords, usernames and other information completely irrelevant to their travel outside the U.S. Other incidents involved non-citizens who sought to enter the United States legally to attend school or to work. One student who was entering the U.S. to finish his PhD was informed by a Customs and Border Protection officer that his, “new boss,” President elect, Donald Trump, will make sure that there won’t be a job for him when he graduates.” While I can’t imagine an incoming President making any such promise, it is clear that Trump supporters within the government are emboldened by his election and believe they have the right to express their political opinions and harass people legally entering this country based solely on the fact that our President elect made numerous anti-immigrant statements during the campaign. Regardless of how you feel about immigration in this country it appears that some people should not be doing the work they were hired to do. U.S. Citizens and non-citizens entering our country legally do not need to be harassed at our borders by people with a political agenda nobody cares about or wants them to express. Let’s all hope the early indications of how we can expect to be treated at our ports-of-entry don’t continue down this slippery slope.
Will the nonsense ever end? Instead of working on legislation to move America forward the House of Representatives passed a bill that ties funding for the Department of Homeland Security to anti-immigrant policies. The bill passed 236 to 191. The House added amendments to the bill that would do away with the DACA program that would keep DREAMers from being deported as well as get rid of President Obama’s executive actions to recognize and keep from being deported millions of hard-working, law-abiding immigrants. Republican response to the bill is primarily focused on the argument that the President’s process to take executive action is unconstitutional. Never mind the fact that on this particular issue the President is right.
As Americans one has to wonder if the House’s failure to legislate and pass laws to fix serious problems with our immigration system is also unconstitutional. Rather than waste time passing bills that have no hope of enactment, House members would be well advised to pass legislation to deal with the problem. Unfortunately, they can’t see the light through the forest. Ultimately, the deport-them-all strategy will backfire. The Senate was able to pass bipartisan reform a year and a half ago, but all the House has managed to do is act to deport immigrants. Stay focused on the talking heads in Washington as they continue to harp on “process” rather than substance. In the end the President’s executive orders will prevail. Once can only hope that someday members of Congress will wake up and actually pass some legislation rather than spend all their time talking about issues they are dead wrong about.
President Obama recently signed several executive orders to help immigrants living in the United States. One of the major changes applies to parents of U.S. Citizens or lawful permanent residents. People living in the United States without legal status who qualify for the program should use an experienced attorney to review their case and represent them in the filing process. Anthony Drago, Jr., Esq. has over 27 years legal experience and can assist you with the application process. Here’s some basic information on the new DAPA program.
What is the new DAPA program?
The Deferred Action for Parental Accountability (DAPA) is a prosecutorial discretion program administered by the U.S. Citizenship and Immigration Services that provides temporary relief from deportation (called deferred action) and work authorization to unauthorized parents of U.S. Citizens or Lawful Permanent Residents (LPRs). The DAPA program is similar to the President’s program for childhood arrivals, called DACA, but the eligibility criteria are distinct.
The program is open to individuals who:
- have a U.S. citizen or LPR son or daughter as of November 20, 2014;
- have continuously resided in the United States since before January 1, 2010;
- are physically present in the United States on November 20, 2014, and at the time of applying;
- have no lawful immigration status on November 20, 2014;
- are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators
- present no other factors that would render a grant of deferred action inappropriate; and
- pass a background check.
- DAPA grants will be valid for three (3) years. The DAPA program should be ready to receive applications in April or May, 2015.
In the midst of the humanitarian crisis on the Southern Border, which is no laughing matter, there is once again reason to chuckle over the nonsense coming from America’s finest congressional leaders in Washington. As is typical in any immigration debate, members of Congress continue to call for our country to “secure the border” before any meaningful changes to our country’s severely broken immigration system can be implemented. Yet, one has to wonder what is meant by “securing” the border. Case in point, by all reports every child and adult who crossed the border during the recent surge of immigrants from South America have been caught and detained by Customs and Border Protection. If that is in fact the case, what is there to secure? How can America further secure a border crossing where everyone who tries to enter the country is apprehended? That seems like a pretty secure border to me, but what do I know? I suppose we could build and monitor electrical fences at the cost of billions of dollars, but will that really change things? Is that what we need on our borders to secure us from woman and children who are fleeing horrendous living conditions in their home countries? Politicians need to stop ignoring the real problem with our borders which is we have a broken immigration system that encourages desperate people to seek illegal entry to this country because they have a miserable life and have no hope to enter the land of opportunity legally. People wanting to come to America to seek freedom, safety, and a good job is not a problem with our country, it’s a compliment to our way of life. But, spending millions of tax payer dollars to secure an already secure border is not a solution from Congress. Our leaders in Washington would be well advised to put aside partisanship and fix our immigration system once and for all. Talk about securing our border is just more of the same useless political rhetoric we have become so accustomed to.
Anyone who thought Immigration Reform was a possibility in 2014 should pick up the newspaper today and review the comments made by Speaker of the House, John Boehner. It’s more of the same from the clowns in Washington. Unfortunately, Comprehensive Immigration Reform is nothing more than a pipe dream at this time. Republicans can’t get past their conservative wing on the issue and the President is bogged down with other socialist ideas he’s been pushing since being elected. The lack of trust between politicians in Washington and the divisiveness of the immigration issue is too much for anyone seeking re-election to discuss much less agree on or compromise over. The situation is discouraging, but someday needs to be addressed. Sadly, the time isn’t now.
An article in the Boston Globe on December 23rd confirms the horrendous state of affairs in the Immigration Courts. The article explains that Immigration Courts are currently overwhelmed with case loads. If Judges retire when eligible, the situation will get much worse, yet Congress continues to ignore the situation. See link to article below.
If you’re dealing with immigration issues, you want experience to help guide you through the process. The recent increase in case load only makes it more difficult for less experienced attorneys to get things done. Contact us for a consultation and let our years of experience help your immigration issues!
Immigration courts are a vital part of the American legal system and perform an essential role in enforcement and adjudication of real life legal issues. Unfortunately, the government shutdown has caused further backlogs in our already back-logged immigration system. Immigration Courts around the country have constantly struggled with backlogs and pressure from Congress to conduct hearings with scarce resources. Add to that the government shutdown and immigration courts around the country now have to revive cancelled hearings and re-generate schedules just to manage the surging backlog created by the two week shutdown. Since returning to work after the shutdown, personnel around the country in immigration courts have been forced to manage this new surge of cancelled hearings added to the already overburdened court calendars with a complete lack of human resources and lack of government funding. Congress has shown no real interest in this problem for years and if you think the folks in DC will act anytime soon to rectify the problem, you haven’t been involved in the immigration crisis.
Regardless of how anyone feels about the overall problem with our broken immigration system, one thing is clear, Immigration Courts perform a vital role in our legal system and leaving these courts unattended has thrown a already overburdened system into total chaos. Without the proper resources the Immigration courts cannot continue to function. The question is when will Congress ever wake up and deal with the problem. Unfortunately, the answer to that question is, most likely, not any time soon.
Anthony Drago, Jr., P.C. represents individuals in removal proceedings before U.S. Immigration Courts. If you or someone you know is facing deportation, please call our office at 617-357-0400 to discuss your case.
The Transactional Records Access Clearinghouse (TRAC) tracks immigration cases. According to the latest available data from the Justice Department during FY 2013 immigration prosecutions reached an all-time high, with new cases being filed against 97,384 defendants. This number is up 5.9 percent over the past fiscal year, and up 22.6 percent over the past five years, according to the case-by-case information analyzed by TRAC and obtained from the Executive Office for United States Attorneys under the Freedom of Information Act. Prosecutions for illegal entry under 8 USC 1325 increased 12 percent from FY 2012, while those for illegal re-entry under 8 USC 1326 rose only slightly. On the other hand, illegal entry prosecutions are up only 8.4 percent since the last year of the Bush administration, whereas those for illegal re-entry have risen 76.2 percent since Obama took office. You can review more details, including a twenty-year timeline of prosecutions under both these statutes, in the report at: http://trac.syr.edu/immigration/reports/336/.
If you or a family member are currently in removal proceedings, you will need the assistance of an experienced immigration lawyer. Dealing with the U.S. government on your removal case without an immigration attorney is a big mistake. Call or office at 617-357-0400 to discuss your case and schedule a free consultation.