Matthew Kolken on Deportation And Removal

U.S. District Judge Clark Waddoups Blocks Utah Immigration Law

The Associated Press has reported that U.S. District Judge Clark Waddoups has blocked a new Utah Immigration Law that enables police officers to check the citizenship status of anyone taken into custody. 

Click here for more of the report.

 

Texas Attorney General: Pres. Obama 'Demagoguing' the Border Security-Illegal Immigration Issue

The only thing Obama is pushing with his empty immigration reform rhetoric is his reelection campaign. This President has deported more immigrants than any other President in history over a similar period. He maintains the executive authority to suspend deportatio­ns of DREAMers and others, but elects not to use it in favor of an enforcemen­t-driven immigratio­n policy. He is a liar and a sham, and those of us in the immigratio­n reform community aren't buying it anymore.

Good riddance in 2012.

Arizona Immigration Law Battle Going to Supreme Court

Immigration judge grants reprieve for Princeton same-sex couple facing deportation

Attorney General Stops Deportation of Gay Partner in Same-Sex Civil Union

Today, Attorney General Eric Holder has vacated a deportation order of an individual that is in a same-sex civil union with a United States citizen.  General Holder has specifically ordered the case to be remanded to the Board of Immigration Appeals (BIA) for the purpose of determining the constitutionality of the Defense of Marriage Act (DOMA), as it relates to obtaining benefits under the Immigration and Nationality Act (INA).  

General Holder has specifically ordered the BIA to determine:

1.  whether a same-sex partnership or civil union qualifies an individual to be considered a “spouse” under New Jersey law;
2. whether absent the requirements of DOMA, a same-sex partnership or civil union would otherwise qualify an individual to be considered a “spouse” for immigration purposes; 
3. what, if any, impact the timing of an alien's civil union should have on a request for discretionary relief from deportation; and
4. whether a non-citizen that is in a same-sex partnership or civil union with a United States citizen has a “qualifying relative” for immigration purposes in order to satisfy the exceptional and unusual hardship requirement for cancellation of removal.

Although this is a groundbreaking decision, it should be pointed out that the Board of Immigration Appeals generally does not rule on constitutional issues and questions of law, and must apply the existing law of the land at the time of the review.  It would have been much more comforting to see the Attorney General render a decision that specifically states that noncitizens in same-sex civil unions with United States citizens are considered a "spouse" for immigration purposes, and are fully entitled to obtain immigration benefits as a result of such union.  

In basic terms, the Attorney General punted on the issue.That being said I am cautiously optimistic that we may have just seen the very first step in the long journey towards the provision of immigration benefits for same sex civil unions.

Happy Cinco de Mayo!

See Matter of Paul Wilson DORMAN, 25 I&N Dec. 485 (A.G. 2011)

Watered Down Immigration Legislation Passes Florida Senate

NPR: Immigration Agents Accused of "Aggressive and Overzealous" Tactics

NPR has reported that the Detroit office of Immigration and Customs Enforcement (ICE) is being accused of "aggressive and overzealous tactics."  The article reports an incident involving Ruben Torres, a third generation United States citizen that was pulled over driving home from work.  

ICE questioned Mr. Torres about his citizenship for more than an hour despite the fact that he provided the agents with a valid driver's license, his automobile registration, and other documents.   ICE officials are looking into it. I'm not holding my breath.

Does anyone else find it painfully ironic that United States citizens are being racially profiled on this President's watch? 

Click here for more.

Obama's Third Meeting On Immigration Reform

The President is meeting with the Hispanic Caucus today, his third immigration related meeting in three weeks.  The White House has indicated that this meeting will be about: "the importance of fixing our nation's broken immigration system to meet our 21st century economic and national security needs so that America can win the future." 

The President continues to tell his base that he can't do anything about immigration reform without Republican assistance.  Given that this is true, wouldn't it make sense for the President to invite some Republican lawmakers to the White House to lay a foundation for a grand compromise?

Just looks like more political posturing to me.

Parenthetically, I wonder if the President's record of deporting more immigrants over a two-year span than any President in the history of the United States will come up.

It would if I was there.

Click here for more info.

Does President Obama Have the Power to Stop His Own Deportation Machine?

Today the Immigration Policy Center released a legal memo that examines whether or not President Obama’s hands are really tied by Congressional inaction on immigration reform.  The memo explains how much executive power the President has to stop his own administration from deporting more immigrants than any President in history.  

It is very much worth the read.

Click here to read the memo  published: Mon, May 02, 2011