Archives for November 2012

Republican Achieve Act is Too Complicated

November 30, 2012 by Matthew

This week, the Republicans came up with their alternative to the DREAM Act, which is called the Achieve Act. While I’m impressed that the Republicans have proposed an immigration law that would help people, I think it’s too complicated.

Here are the requirements:

1. Brought to the U.S. before age 14.

2. Not older than 28.

3. Has lived in the U.S. for at least 5 years.

4. No criminal history.

If you meet those requirements, then you can get a W visa to go to college or serve in the military.

If you complete a degree within 6 years or serve for 4 years in the military, then you can get a non-immigrant work visa.

After the 4 years, you could then get a permanent non-immigrant visa that would not enable you to become a U.S. citizen.

My biggest problem with the Achieve Act is that with 3 tiers, it’s too complicated. You really need to be a lawyer to figure this out. Of course, I’m not going to be too critical of the Republicans. At least, they are doing something about immigration. Now that the Republicans have put forth their proposal, it’s time for President Obama and the Democrats to push for the DREAM Act and Comprehensive Immigration Reform.

The Ridiculousness of Mandatory Detention

November 29, 2012 by Matthew

I was in immigration court yesterday for a detained client. The client has 2 misdemeanor drug convictions. She has been on probation for the last year. A couple of weeks ago, ICE detained her when she reported for probation and now she is facing deportation because of her misdemeanor convictions. Because she has a conviction for a controlled substance offense, she is subject to mandatory detention. By law, she cannot be released on bond. As a result of changes to the immigration law in 1996, many convictions result in people being placed in removal proceedings not being eligible for bond. This is called mandatory detention.

To me, a case like this demonstrates how ridiculous mandatory detention is. Her 2 convictions are for misdemeanors. She’s not a danger to anyone and she’s not a flight risk. She’s eligible for cancellation of removal. Since she’s eligible for relief from deportation, it’s in her best interest to appear for immigration court. Most of all, she has been on probation for the last year and was fully complying with her probation! However, due to mandatory detention, she will be detained by ICE for the duration of her case.

I hear lots of talk about the immigration reform, such as amnesty and the DREAM Act. Unfortunately, I don’t hear about immigration reform regarding mandatory detention. I think that mandatory detention should be limited to cases where individuals are ineligible for relief from removal. If someone is eligible for relief from removal, they should have the opportunity to have a hearing on bond to demonstrate why they should be released. If you are eligible for relief, you should have the opportunity to fight your case from home, rather than an ICE detention facility. Just having a bond hearing doesn’t mean that someone will be released. If they are a danger to the community or a flight risk, an immigration judge does not have to grant the individual bond. The current system that prevents immigration judges from considering bond for detained people in removal proceedings with almost any criminal history is wrong and should be changed.

President Obama’s Re-election Means DACA Will Survive 4 More Years

November 8, 2012 by Matthew

Good News for those who have applied for deferred action for childhood arrivals (“DACA”) and those who were waiting to apply until after the election. President Obama’s re-election means that the program will be safe for the remainder of his four year term. In the past, I had blogged that those who are eligible under DACA should wait to apply until after the election because Mitt Romney had presented a very anti-immigration position during the Republican primaries. Hopefully, the DREAM Act and Comprehensive Immigration Reform will be passed and DACA will be rendered obsolete.