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Matthew Kolken on Deportation And Removal

ICE Ignoring a Directive Preventing the Deportation of Noncitizen Troops and Veterans

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Via the Washington Post:

Immigration and Customs Enforcement appears to have ignored a directive from Defense Secretary Jim Mattis to prevent the deportation of noncitizen troops and veterans, seeking to remove a Chinese immigrant despite laws that allow veterans with honorable service to naturalize, court filings show.

Xilong Zhu, 27, who came from China in 2009 to attend college in the United States, enlisted in the Army and was caught in an immigration dragnet involving a fake university set up by the Department of Homeland Security to catch brokers of fraudulent student visas.


Zhu paid tuition to the University of Northern New Jersey, created by DHS to appear as a real school, long enough to ship to basic training using the legal status gained from a student visa issued to attend that school.


Then ICE found him and asked the Army to release him for alleged visa fraud. He left Fort Benning, Ga., on Nov. 16, 2016, in handcuffs as an honorably discharged veteran. He was detained for three weeks and released.


Zhu is waiting to hear a judge in Seattle rule in his removal proceedings. His attorney says his client is a victim of federal entrapment.


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Comments

  1. ImmigrationLawBlogs's Avatar
    Are you sure the directive applies to aliens who have committed visa fraud? Certainly, it wasn't intended to be an absolute, no exception mandate. What if the alien was a human trafficker or a terrorist? Surely you wouldn't say they were covered by the directive.

    Or is it that you don't consider visa fraud a serious matter? I don't know what kind of visa fraud was involved, but fraud involving visas is a serious criminal offense. See https://www.law.cornell.edu/uscode/text/18/1546

    Nolan Rappaport
  2. MKolken's Avatar
    I have two clients who enrolled at this same "university" created by DHS. Both clients believed that the University of Northern New Jersey was a real school, and ended up falling out of status as a result of our own government's deception, couple with trusting unscrupulous individuals looking to profit off of the desperation of immigrants. Both of my clients had immigration court proceedings instituted against them, and NEITHER were charged with fraud. One now has a green card, the other is on their way.

    Moreover, if an individual is willing to give their life serving our country they should be forgiven for what is tantamount to a speeding ticket. And yes, I DO equate a mere overstay to a speeding ticket. It is an offense that is malum prohibita, not malum per se, requires no specific intent, and is not in any way morally reprehensible.
    Updated 04-06-2018 at 08:05 AM by MKolken
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