Tag Archives: deport

Some “DEFERRED ACTION” Pointers

1. In a change from the prior announcement, people currently in removal proceedings will use the USCIS process when it is implemented on August 15, 2012, rather than go through ICE. Only individuals in detention will go through ICE to make a deferred action request.

2. Information provided as part of the deferred action request process is protected from disclosure

to ICE or CBP for purposes of removal proceedings unless the requestor meets the criteria of USCIS’ November 2011 NTA memo.

3. If a departure from the U.S. was due to removal, voluntary departure, etc., the absence was not brief, casual and innocent and would interupt the continuous residence that is required since June 15, 2007. Short absences before August 15, 2012, reasonably calculated to accomplish the purpose of the trip, would not be interuptive.

4. Only people who are currently not in status and were not in any lawful status on June 15, 2012 are eligible.

5. A “significant misdemeanor” is one for which the individual was sentenced to more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but not possession), or DUI, regardless of the sentence.

6. Minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the “3 or more” standard.

7. The Form I-765 will be required, along with another form that will be made available on August 14 or 15. Total fees, including biometics, will be $465. Fee waivers will not be available, but fee exemptions will be permitted in very limited circumstances, and must be requested and approved before submitting a deferred action application without a fee.

8. Whether a person has reached age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.

An Update on ICE’s “deport-yourself” program…

In following up to my recent August 7 post, on reflection, it seems that ICE’s efforts coax undocumented or out-of-status aliens out of the woodworks to come forward and essentially self-deport, it not only a ‘humanitarian’ measure, as advertised by ICE.

Reflecting further on this, one wonders why any of the estimated half-million aliens who could potentially ‘benefit’ from this and would want to do this, — other than for reasons of coordinating their departure from the U.S. somewhat on ‘their’ terms.

In order for this new program to even stand a chance of working, Aliens who are removable (i.e. deportable) would have to weigh the risks and consequences of being arrested by law enforcement and forcefully deported “on the spot”, against quietly living in the shadows and avoid any run-ins with the law. Aliens would have to conclude that a high likelihood of apprehension and the experience of being forcefully removed would be far worse and far more unpleasant, than a structured, voluntary, orderly departure on one’s own terms.

One consideration would be the immigrant population’s perception of how likely it is for them to be caught, detained and deported. For some aliens, this fear is a very real, daily fear. Others take a more laissez-faire approach and roll their dice… and take their chances.

Of course ICE and other agencies want to paint a self-portrait of stringent, pro-active enforcement, where random raids and spot-checks are a daily occurrence. ICE clearly wants to be seen as having the ability to simply show up, bang down doors, pick up the Alien-suspect, and essentially drive them straight to the airport, to be placed on the next available outbound flight.

But does this heavy-handed “don’t mess with the law” self-portrait really mirror reality? Do current staffing levels and resources of the Feds really permit wide-sweeping, immediate enforcement, where it is only a question of time (rather than if), before an Alien is apprehended and forcefully put in removal proceedings?

Some who are observing ICE’s new initiative with curiosity are attempting to read between the lines? Is this supposed “humanitarian” effort to coax eligible aliens to come forward voluntarily in reality nothing more than an open admission, a resignation of sorts, that ICE and other Fed-agencies really can’t cope with the scope of their mandate?

Some skeptics snicker, saying that most out-of-status immigrants are probably more likely to be struck by lightning than to ever be paid a visit by ICE. According to ICE, last year, in 2007, the agency arrested about 30,000 fugitive aliens in the entire country.

If you assume for the moment, that at any given time, there could be between 12 million and as many as 30 million ‘illegal’ aliens, unless ICE and other agencies significantly increase its human and operational resources significantly, at last year’s rate of apprehensions, it could take ICE between 400 and over 660 years for the agency to ‘clean house’ among the millions of illegal immigrants now estimated to be in the United States.

Under ICE’s new program, anyone who wants to take advantage of this and schedule their own departure would be given 90 days to get their affairs in order.

… Oh, and guess what? As with almost anything these days, even ICE has fine-print, which was not drawn attention to, you know, just minor terms and conditions, like being outfitted with an electronic ankle bracelet to keep track of their whereabouts until they self-deport.