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Greg Siskind on Immigration Law and Policy

Prosecutorial Discretion More a Theory Than a Reality for Most in Deportation

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Julia Preston from the New York Times reports on the reaction of immigrant communties to the shockingly low number of deportation cases dismissed - 4,403 - out of nearly 300,000 cases reviewed. Plus, there have been no known grants of employment authorization documents despite the promise that real relief was coming. We're coming up on a year since the policy was announced and its getting beyond the point where we can say that DHS is getting its act together.

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  1. Imm2012's Avatar
    But how many thousands of people aren't being put into removal proceedings in the first place nowadays under the other half of the PD/enforcement priorities initiative? How many NTAs is USCIS not issuing that it would have previously? How many DREAMers aren't being put in removal proceedings who otherwise would have? The PD review of removal cases is only part of the story.
  2. Legal and no longer waiting's Avatar
    Having an EAD beats not being put on removal proceedings.

    Also, the DHS is full of antis. Somehow, they gravitate there. Sad, but true.
  3. JC's Avatar
    Won't giving EAD's to people in removal proceedings be a bit dishonest to Indians/Chinese waiting in the EB2/3 queue?
  4. USC's Avatar
    "Won't giving EAD's to people in removal proceedings be a bit dishonest to Indians/Chinese waiting in the EB2/3 queue?"

    Have you heard the story about Indian crabs? How are you or anyone else in any "queue" prejudiced/disadvantaged if someone else receives an EAD document?

    This post is a good example of the selfishness and self-pity that exists amongst some of the immigrants. It is unfortunate but once many of the "pros" receive their GCs/USCs they will go on to be some of the most virulent antis.


  5. Legal and no longer waiting's Avatar
    Is it "dishonest" to Indians/Chinese waiting in the EB2/3 queue to allow Americans to bring in their immediate family without a quota?
    Is is "dishonest" to Indians/Chinese waiting in the EB2/3 queue to allow Cubans to file straight to green card for just being born in Cuba?
    Is is "dishonest" to Indians/Chinese waiting in the EB2/3 queue to give children of immigrants born in the US citizenship at birth?

    If you want to stop most ways to immigrate to the US and make the system even more dysfuntional, that's the kinds of questions you should ask. Alternatively, you may hire a therapist help you let go of schadenfreude and be happy regardless of the things you can't control.
  6. JoeF's Avatar
    "This post is a good example of the selfishness and self-pity that exists amongst some of the immigrants. It is unfortunate but once many of the "pros" receive their GCs/USCs they will go on to be some of the most virulent antis."

    Quite a number of them are already antis before they get the GC. It is "me first", all others should stay out... That's also where some of the opposition to a CIR comes from.
    I've been battling this mindset for years.
  7. gg's Avatar
    This prosecutorial discretion is nothing but an attempt to put lipstick on a pig. The fact of the matter is the current administration has been the most aggressive on deportation and its record will be tested at the polls come November 2012.

    ;;;;;;

    "Quite a number of them are already antis before they get the GC. It is "me first", all others should stay out... That's also where some of the opposition to a CIR comes from. I've been battling this mindset for years"

    Joef - What about your mindset when it comes to HR3012 and country wide quotas. Don't you think you need some battling to do within ?
  8. Another Voice's Avatar
    House Republicans Vote To Defund Obama Immigration Efforts

    http://www.huffingtonpost.com/2012/06/08/house-republicans-immigration-defund-obama_n_1581052.html
  9. JoeF's Avatar
    @gg: My stance on HR3012 is consistent with my views. The HR3012 supporters are apparently ok with screwing over others for their own benefit. That's the "me first" mindset I talked about.
    Improve things for all instead.
  10. gg's Avatar
    @Joef - You seem very confused and drawing wrong conclusions.
  11. DK's Avatar
    "My stance on HR3012 is consistent with my views. The HR3012 supporters are apparently ok with screwing over others for their own benefit. That's the "me first" mindset I talked about.
    Improve things for all instead."

    So an Indian or Chinese immigrant demanding to be treated as per with folks from other countries are "screwing them"? It looks like the anti-HR3012 folks are actually demonstrating a "me-first" attitude.
  12. JoeF's Avatar
    "So an Indian or Chinese immigrant demanding to be treated as per with folks from other countries are "screwing them"? "

    Sigh. I suggest you stop misrepresenting things.
    Nobody says that their demands are bad.
    BUT, that does not mean that it justifies taking visa numbers from others. THAT is what is the "me first" attitude.
    And these intentional misrepresentations from HR3012 supporters are despicable, and actually show their selfishness.
  13. gg's Avatar
    @JoeF, Tell me something - what do you do when your car is blocked on the highway and there is bumper to bumper traffic in your lane and your are waiting for hours together waiting for the traffic to move ? I don't believe you will wait there endlessly. You will try to see if there is room on the adjacent lane and move into it when there is no traffic coming. This is what HR3012 does. It aims at putting all traffic in one lane on a FIFO basis. No matter from what direction traffic merges onto the GC lane everyone will have the same priority. How can you define this as selfish ?

  14. DK's Avatar
    "BUT, that does not mean that it justifies taking visa numbers from others. THAT is what is the "me first" attitude."

    This is what is not clear to me. How are they taking visa numbers away? PERMs are not certified based on somebodies ethnicity or country of origin. Once somebody gets their PERM certified, they should have equal stake on an available visa number compared to people from some other country.
  15. gg's Avatar
    @DK, you also seem to be confused and therefore drawing wrong conclusions. From you response its clear you have either not read the bill nor understood it correctly. If you go back to my analogy from my earlier post Joef's contention is that his travel time from from start to finish will increase if HR3012 were implemented and his solution is to widen those lanes which are blocked and leave the traffic on other lanes as is. However this is not possible since there is no bipartisan support to increase visa numbers. When HR3012 is finally implemented everyone will have more or less the same wait time though the wait time for ROW will be considerably longer than present. Joef also believes the volume of traffic will overwhelm any traffic from ROW.
  16. JC's Avatar
    Nice going "USC" & "JoeF". I commend your style of name calling instead of putting your point of views as to why my statement in your opinion is wrong. You make immigrant community and their causes proud.

    "Legal and no longer waiting": Your second question about Cubans is a bit to the point. Because the only way I can argue against it is using the "legal" and "illegal" terms. But then I won't be helping immigration argument.

    I guess my point was more around why not try to put equal effort towards the legal immigration backlog limbo as much as for dream kids. To me the effort seems more skewed in favor of dream kids than for those in EB3 limbo.
    And I can argue myself better than whatever suggestions your therapist can give -- to "let go of schadenfreude".

    "USC": Are Indian crabs any good? (in culinary sense) :-P
  17. USC's Avatar
    "Nice going "USC" & "JoeF". I commend your style of name calling instead of putting your point of views as to why my statement in your opinion is wrong. You make immigrant community and their causes proud."

    The problem with your post is that you seek to deny someone else relief not because you think that it is wrong to give them relief but because you think that they should not get relief because there is a backlog in EB2/EB3. Furthermore, you are not adversely effected by that relief. In fact, if they are granted AP/EAD it might serve as a precedent for other categories including your own. I believe that every EB/FB applicant with an approved petition should be granted AP. No one is hurt by that. It enables people to travel to the US, spend money here and see if they will be happy here and want to live here.

    As regards, those of us who have lived in India will understand the mindset behind this joke from the 80s, it goes like this:

    US importer sends Telex (back then there was no email) to Indian exporter: Received 100 dozen live crabs in good order. However, do not understand as to why they didn't escape because during the sea voyage the lid had fallen off and the crate was completely open.

    Indian exporter replying: Sir, these are Indian crabs. As soon as the crabs see one of them escaping to make a better life for himself, they gang up and pull him back down.
  18. JC's Avatar
    USC: "The problem with your post is that you seek to deny someone else relief not because you think that it is wrong to give them relief but because you think that they should not get relief because there is a backlog in EB2/EB3."

    Well, that is not what I wanted to mean but I can see why it may have sounded like that. I am all for any meaningful improvement in the immigration policies. Appreciate your presenting the viewpoints in an easy to understand manner.
  19. JoeF's Avatar
    @gg: That is not quite what HR3012 would have done. It would also have told all the drivers in the empty lane to go back to the end of the full lane. *That's* what the problem was with HR3012. Retroactive application is a bad thing.
    In any case, HR3012 is dead.
  20. JoeF's Avatar
    @gg:
    "If you go back to my analogy from my earlier post Joef's contention is that his travel time from from start to finish will increase if HR3012 were implemented and his solution is to widen those lanes which are blocked and leave the traffic on other lanes as is."

    My travel time won't be affected at all. My immigration journey has ended already. I am a US citizen since 2006.
    The bad thing with HR3012 is that it retroactively takes numbers from one group to give to another group.

    @DK: There are currently country quotas. HR3012 would have retroactively lifted the country quotas, which is equivalent to taking from Peter to give to Paul.
    In any case, HR3012 is dead. And future bills (in the next Congress) will have to avoid this retroactive application to have a chance of passing.
    For relief for long-waiting people, other measures would have to be taken (which should have been done instead of the bad approach of HR3012, anyway.)

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