Obama To Stop Deporting Young Illegal Immigrants
WASHINGTON, D.C. — The Obama administration announced on August 18, 2011 that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or public safety.
The new policy is expected to help thousands of illegal immigrants who came to the United States as young children, graduated from high school and want to go on to college or serve in the armed forces.
White House and immigration officials said they would exercise “prosecutorial discretion” to focus enforcement efforts on cases involving criminals and people who have flagrantly violated immigration laws.
Under the new policy, the secretary of homeland security, Janet Napolitano, can provide relief, on a case-by-case basis, to young people who are in the country illegally but pose no threat to national security or to the public safety.
The decision would, through administrative action, help many intended beneficiaries of legislation that has been stalled in Congress for a decade. The sponsor of the legislation, Senator Richard J. Durbin of Illinois, the No. 2 Senate Democrat, has argued that “these young people should not be punished for their parents’ mistakes.”
White House officials emphasized that they were not granting relief to a whole class of people, but would review cases one by one, using new standards meant to distinguish low- and high-priority cases.
Mr. Durbin said he believed the new policy would stop the deportation of most people who would qualify for relief under his bill, known as the Dream Act (formally the Development, Relief and Education for Alien Minors Act).
Some experts have estimated that more than two million people might be eligible to apply for legal status under the Dream Act. Mr. Durbin’s office estimates that 100,000 to 200,000 could eventually earn citizenship, though the numbers are uncertain.
Under the new policy, the government will review 300,000 cases of people in deportation proceedings to identify those who might qualify for relief and those who should be expelled as soon as possible.White House officials said the new policy could help illegal immigrants with family members in the United States. The White House is interpreting “family” to include partners of lesbian, gay and bisexual people.
J. Kevin Appleby, director of migration policy at the United States Conference of Catholic Bishops, said the initiative would keep immigrant families together. “It is consistent with the teaching of the church that human rights should be respected, regardless of an immigrant’s legal status,” he said.
Those who qualify for relief can apply for permission to work in the United States and will probably receive it, officials said.
People in deportation proceedings stand to benefit most from the new policy. The new enforcement priorities also make it less likely that the government will begin such proceedings in the future against people who have no criminal records and pose no threat to national security.
White House officials said the new policy ratified guidance on “prosecutorial discretion” recently issued by John Morton, the director of immigration and customs enforcement at the Department of Homeland Security.
Source: New York Times, American Immigration Council
Attorney Sid Garbanzos is a graduate of the City University of New York School of Law and is admitted to practice in New York and Washington, D.C. Practice areas include: Commercial & Civil Litigation, New York Real Estate/Landlord-Tenant, Immigration, and Personal Injury. Please note that this article is written for a gratuitous purpose only and no attorney-client relationship is created in this publication. This article is not, nor intended to be legal advice. The reader should consult with a reputable lawyer based on his or her individual circumstances. Garbanzos Law Firm at (212)217-0670 or (718)725-7324 (Queens)
Tags: deportation, dream act, illegal, immigrants, suspended, suspension
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