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Matthew Kolken on Deportation And Removal

Who may Benefit from the New Change in Deportation Policy?

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The Wall Street Journal reports that John Morton, director of U.S. Custom and Immigration Enforcement, has set forth the following guidelines for consideration as to whether an individual qualifies for consideration under the Obama administration's new deportation policy.


Immigration officials should consider such factors as:



  • the person's length of presence in the United States;

  • the circumstances of the person's arrival in the United States, particularly if the alien came to the United States as a young child;

  • the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;

  • whether the person, or the person's immediate relative, has served in the U.S. military, reserves, or national guard;

  • the person's criminal history, including arrests, prior convictions, or outstanding arrest warrants;

  • the person's ties and contributions to the community, including family relationships;

  • the person's age, with particular consideration given to minors and the elderly;

  • whether the person has a U.S. citizen or permanent resident spouse, child, or parent;

  • whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;

  • whether the person or the person's spouse is pregnant or nursing.


The  above list is not exhaustive and no one factor will ultimately determine whether an individual will qualify.


It will be interesting to see how many people actually benefit.  I'm not holding my breath.

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Comments

  1. Liberty Neubarth's Avatar
    Excellent Policy!!!
  2. Rusten Hurd's Avatar
    It looks like that WSJ blog is just quoting from the 6/17/11 Morton Memo though they fail to include a comprehensive list of the criteria espoused in the Memo. While I'm not holding my breath either, I'm hopeful that this clear and very public directive will be followed by DHS. That said, my sense is that application of the policy will be inconsistent with some regions finding that DHS is more willing to consider the policy change whereas others will not see a difference. Here's hoping that your clients (and mine too!) will fall into the former category...
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