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Greg Siskind on Immigration Law and Policy

FROM THE DEPARTMENT OF "DO YOU FEEL SAFER?"

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The NY Times' Nina Bernstein reports on spouses of US citizens who are facing exile for technical and minor violations of their visa status. DHScomes off fairly sympathetically in the story - the implication is they were trying to help and the mean courts and the dysfunctional Congress are to blame. But ICE has a lot of discretion in deciding who to put in to deportation proceedings. They have been encouraged to look at the facts of every case and use common sense in determining which people to put in deportation proceedings. They are not obligated to put every person in to deportation proceedings that they learn are here illegally. People otherwise in a position to fix their immigration status, who have nothing in their background that is worrisome and who are immediate relatives of US citizens should be textbook examples of where such discretion should be exercised.

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Comments

  1. George Chell in Singapore's Avatar
    I believe this is American family values. This crap does not happen here in Singapore because the lawas are pretty straight forward and waiting time is one month!
  2. Jack's Avatar
    "They are not obligated to put every person in to deportation proceedings that they learn are here illegally. People otherwise in a position to fix their immigration status, who have nothing in their background that is worrisome and who are immediate relatives of US citizens should be textbook examples of where such discretion should be exercised."

    Clarification request:

    Do you mean all of those factors or any of those factors?

    What do you mean by "nothing in their background that is worrisome"?

    Thanks.
  3. NatCit's Avatar
    I have seen this over and over again, folks from European countries think 'immigration' and 'paperwork' is for non-caucasian folks (ie hispanics, asians, africans). Easy to become cavalier about laws and paperwork. Not filing an I-130 is inexcusable, and then saying the 2 PhD's cant figure it out is insane. I hope things get resolved and they can get their life together.
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