Blog posts tagged in deportation order
In 2014, the United States experienced a surge of migrants from Central and South America appearing seemingly en masse at its southern border. Many were deported upon encountering Customs & Border Patrol (CBP), but many were able to assert a claim of credible fear—they stated their intent to apply for asylum in the United States.
Due to the immigration backlog in U.S. courts, many of these cases are just now coming up for review. However, a large portion of the asylum seekers have not appeared, and have been ordered removed in absentia.
While it may seem smart to not appear in court lest you be arrested, it is absolutely not the right choice to make. Failing to appear can actually make matters even worse for you.
The Development, Relief and Education for Alien Minors (DREAM) Act has been proposed in Congress several times before 2017, with the most recent being 2011 (though in 2012 President Obama directed his administration to use the criteria contained in the DREAM Act in determining whether or not to deport young undocumented people). On July 20, 2017, it was introduced again, by Sens. Lindsey Graham and Dick Durbin, in a bipartisan initiative, and in a slightly different format than previously proposed.
Graham and Durbin, both members of the “Gang of 8” that authored a comprehensive immigration reform bill in 2013 yet never made it out of committee, have made it clear that they believe the best way forward is to explore extending Lawful Permanent Resident (LPR) status to Dreamers (the young people who would be affected by the passage of such a law).
Ever since 2014’s spike in violence in Central America that led to increased immigration of unaccompanied minors into the United States, U.S. immigration authorities have been at somewhat of a loss in how to appropriately handle the status and the overall needs of these children.
The previous administration created what was colloquially called the “rocket docket,” where unaccompanied minors with sponsors in the U.S. could be processed quickly. However, the current administration rescinded this directive, and may even seek to rescind some previously available protections, which would cause confusion and untold harm to children in this situation.
New Initiative Aims At Parents
To lie on one’s application for United States citizenship can put you in deportation proceedings if the lie is ever discovered. Historically, any lie, even the most inconsequential falsehood about petty issues, was grounds for revocation of citizenship. However, in June 2017, the U.S. Supreme Court handed down a ruling that changed this—a ruling that will be significant for many future immigrants who decide to naturalize.
The Court was unanimous in its ruling in favor of Divna Maslenjak, an ethnic Serb originally from Bosnia, who admitted to lying on her application for refugee status about her husband’s military service. Both of the last two administrations have held that this made her deportable, and indeed she and her husband were both deported in October 2016.
In June 2017, Secretary of Homeland Security John Kelly—now White House chief of staff—officially cancelled the Department’s defense of the Deferred Action for Parents of Americans & Lawful Permanent Residents program, known colloquially as DAPA. This means that the program, which was previously on hold pending further litigation, will be allowed to be overturned by the relevant court, instead of going into effect.
While this action partly keeps a presidential campaign promise, it also has the potential to cause considerable trouble for mixed families, as well as casting the survival of Deferred Action for Childhood Arrivals (DACA) in doubt.
Rights Granted Under DACA/DAPA