It’s many people’s worst nightmare. You – or your loved one – receive a notice to appear in removal proceedings and are threatened with deportation. As I always remind people, the word was changed almost 25 years ago to “removal” by Congress. Then, President Bill Clinton signed the law. But make no mistake. It is still deportation. Many people panic as soon as they receive their notice, and contemplate going into hiding, or finding a way “get around” deportation. Don’t do either of these things.
Despite the fact that a DACA recipient was allowed to represent our country at the Olympics, a federal judge inflicted a blow to the program in late July.
This year, the number of immigrants held in private prisons & local jails that sat partially empty during the pandemic has risen from 14,000 in early January 2021 to nearly 27,000 in July. Over the years, we have spent a great deal of time visiting people in immigration custody. Many folks think of actual criminals that “belong” in jail — conjured up images of immigrants tied to organized crime or cartels — but this is rarely the case.
Sometimes it’s hard to believe, but I’ve been in immigration law for 25 years. With every new President or Congress, there are always those that think “this one will be different.” When it comes to immigration law, “different” is variable. No matter who is POTUS, immigration law is very challenging. I’ve been through five presidential administrations, and the roller coaster ride never stops. There is always change in the laws, frequently making it harder, or occasional “dreams” like DACA that seem too good to be true, only to be stopped and started again.
Good News For Immigrants in the United States. New laws under Biden mean a return to pre-Trump days in terms of prosecutorial discretion. Immigration officers once again have the power to prioritize through assessment of cases. The Trump administration passed three executive orders that essentially made everyone who is an undocumented immigrant a priority for deportation, as well as rescinding most of the guidelines that were being used for prosecutorial discretion. That policy meant that everyone was considered at risk for removal, and made it more difficult who should be up for deportation or removal…