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TN Lawmaker Puts Immigration Bill on Hold

According to the article below, originally from The Tennessean, a bill that would allow law enforcement to check someone’s immigration status if pulled over or detained has been put on hold, at least for now.

TN Lawmaker Puts Immigration Bill on Hold
From the Tennessean
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Senator Schumer Urges DHS & ICE to Grant Working Status to Immigrants with Immigration Cases Closed Under Obama Action

Today, U.S. Senator Charles E. Schumer urged the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to give a one-year “deferred action” legal status to immigrants whose court removal cases have been administratively closed under new immigration initiatives. This “deferred action” legal status would give a small group of non-criminal immigrants the ability to work while the deportation of higher priority criminal cases are processed first, which is expected to take over a year.

About 40,000 non-criminal immigrants with close family ties in the United States are expected to see their cases closed in immigration court in the coming months, which will likely delay their eventual deportation for over a year. Schumer is pushing for these immigrants to be granted a temporary legal status for that time, so that these individuals can work and pay taxes. Schumer also noted that this legal status would allow DHS and ICE to use their limited resources effectively, by minimizing the chance that immigration proceedings will be repeated for immigrants whose cases have already been closed.

“Given our scarce enforcement resources, it is critical that we prioritize the deportation of criminal immigrants, and de-prioritize the deportation of non-criminals with significant family ties and long time residence in the United States,” said Schumer. “For that small percentage of individuals who meet this criteria, it is only practical to provide them with actual relief that encourages them to contribute to the country rather than remaining in the shadows in a state of legal limbo. The administration should grant these individuals status for a period of one year, so that they can legally work and support themselves and their families while still residing in the U.S., all while clearing out courtrooms for higher priority criminal immigrant cases.”

In April 2011, Schumer urged DHS and ICE to use their limited resources to prioritize criminal deportations and de-prioritize non-criminal deportations, and the administration took that course of action in June 2011. Since announcing a plan to use prosecutorial discretion in non-priority removal cases, ICE has conducted pilot programs in the Denver and Baltimore immigration courts. Of nearly 12,000 removal cases combined, 1,667 were administratively closed for non-criminal immigrants with strong family ties, pending a background check. Nationwide, approximately 40,000 immigrants could see their cases closed in this way under the administration’s plans, and would remain in the United States for at least one year as the deportation of higher priority criminal immigrants is processed first. Schumer is urging authorities to allow this small group of immigrants to be able to spend this year in the U.S. in a productive manner by working and paying taxes.

Schumer was expected to present the letter to ICE Director John Morton in person at a meeting scheduled for Tuesday afternoon. Schumer stated that granting “deferred action” legal status after the administration closes a removal case would help to ensure that those same immigrants are not subjected to repeated court proceedings because their status cannot be verified. Without a legal status, even after an immigrant’s court case is closed by the administration, ICE could end up repeating investigations of this low-priority individual. Schumer stated that these duplicative investigations would be a drain on already limited federal resources, which should be directed at high-priority criminal deportation cases.

U.S. Citizenship and Immigration Services Takes Steps to Improve Noncitizens’ Access to Legal Counsel

During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration agencies. Tuesday, in response to calls from the American Immigration Council and the American Immigration Lawyers Association, the U.S. Citizenship and Immigration Services (USCIS) issued immediate, comprehensive changes to their policies to ensure an appropriate role for attorneys in the immigration process.

Many noncitizens are forced to navigate the immigration process without representation because they cannot afford an attorney.  But even persons who can afford one, or are represented by a pro bono attorney, have at times faced severe restrictions on their representation.  This is particularly troublesome given the significant power USCIS officers wield.  For example, they decide whether a noncitizen is entitled to stay in the U.S. or not.  The assistance of an attorney well versed in the complexities of immigration law can help safeguard the rights of these noncitizens and ensure just outcomes.

By revising its guidance, USCIS has responded to some of the most serious access concerns.  For example, the new guidance provides that an attorney generally may sit next to his or her client during an interview, may be permitted to submit relevant documents to the USCIS officer, and may raise objections to inappropriate lines of questioning.

The American Immigration Council looks forward to commenting on the new guidance and working with the agency to make sure it is followed.  The other immigration agencies – Customs and Border Protection and Immigration and Customs Enforcement – should take note of USCIS’s commitment to improving access to counsel and take similar steps to recognize the meaningful role that attorneys play in protecting noncitizens’ rights.

To view the guidance see:

This entry was contributed by the American Immigration Council.

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