Comments for Immigration Impact http://immigrationimpact.com Sat, 19 May 2012 01:33:51 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion by Hans Christian Linnartz http://immigrationimpact.com/2012/05/14/immigrants-without-legal-representation-not-benefitting-from-prosecutorial-discretion/#comment-28397 Hans Christian Linnartz Sat, 19 May 2012 01:33:51 +0000 http://immigrationimpact.com/?p=10800#comment-28397 It's not just for unrepresented immigrants that this policy "change" has fallen short. I have taken a number of DREAM Act qualified young immigrants into immigration proceedings, hoping for prosecutorial discretion, only to find that the President's promises of mercy aren't materializing. This is partly because of bureaucratic inertia: The Office of Chief Counsel (immigration prosecutors) don't stop driving towards deportation because of a campaign announcement. But it also has to do with Pres. Obama's approach: He is very strong and persuasive in word, but does not follow up his inspiring promises with action. He could have issued regulations or at least operating instructions to Department of Homeland Security lawyers about how to implement "prosecutorial discretion," but instead, the rhetoric of mercy has probably gained him political points without changing much - if anything - in the actual world of immigration enforcement and adjudication. Like many others who voted for President Obama, I am disappointed that the change which he promised - both before election and after - has simply not come. He continues to speak - often inspiringly - of change, but has not produced many changes which lie within his power. I am disillusioned and dispirited, feeling that I must look far outside the established two-party system for any real, true change. It’s not just for unrepresented immigrants that this policy “change” has fallen short. I have taken a number of DREAM Act qualified young immigrants into immigration proceedings, hoping for prosecutorial discretion, only to find that the President’s promises of mercy aren’t materializing. This is partly because of bureaucratic inertia: The Office of Chief Counsel (immigration prosecutors) don’t stop driving towards deportation because of a campaign announcement. But it also has to do with Pres. Obama’s approach: He is very strong and persuasive in word, but does not follow up his inspiring promises with action. He could have issued regulations or at least operating instructions to Department of Homeland Security lawyers about how to implement “prosecutorial discretion,” but instead, the rhetoric of mercy has probably gained him political points without changing much – if anything – in the actual world of immigration enforcement and adjudication.
Like many others who voted for President Obama, I am disappointed that the change which he promised – both before election and after – has simply not come. He continues to speak – often inspiringly – of change, but has not produced many changes which lie within his power. I am disillusioned and dispirited, feeling that I must look far outside the established two-party system for any real, true change.

]]> Comment on Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion by arhesq http://immigrationimpact.com/2012/05/14/immigrants-without-legal-representation-not-benefitting-from-prosecutorial-discretion/#comment-28393 arhesq Fri, 18 May 2012 23:15:23 +0000 http://immigrationimpact.com/?p=10800#comment-28393 This is not at all surprising. Our immigration laws are as complex as the IRS Code. Worse yet, hiding behind the absence of legal presentation are the consultants and notairos who, as one Immigration Judge pointed out to my client, "promise the moon and the stars" only to turn around and victimize the client by giving no service or placing him in a position worse than before he sought assistance. This is not at all surprising. Our immigration laws are as complex as the IRS Code. Worse yet, hiding behind the absence of legal presentation are the consultants and notairos who, as one Immigration Judge pointed out to my client, “promise the moon and the stars” only to turn around and victimize the client by giving no service or placing him in a position worse than before he sought assistance.

]]> Comment on Comments Due on Proposed Rule that Will Help Keep American Families Together by Jeresia Noris http://immigrationimpact.com/2012/05/16/comments-due-on-proposed-rule-that-will-help-keep-american-families-together/#comment-28371 Jeresia Noris Fri, 18 May 2012 18:24:43 +0000 http://immigrationimpact.com/?p=10817#comment-28371 This new rule EXCLUDES those whose cases were administratively closed. With over 16,500 cases just closed in this manner - this will affect thousands of families. Please sign my petition I plan to upload to the comments site asking for them to consider modifying this rule! THANK YOU!!! Jeresia Noris jeresia.steade@yahoo.com http://www.change.org/petitions/uscis-modify-the-new-provisional-i-601-family-unity-hardship-waiver This new rule EXCLUDES those whose cases were administratively closed. With over 16,500 cases just closed in this manner – this will affect thousands of families. Please sign my petition I plan to upload to the comments site asking for them to consider modifying this rule! THANK YOU!!!

Jeresia Noris jeresia.steade@yahoo.com

http://www.change.org/petitions/uscis-modify-the-new-provisional-i-601-family-unity-hardship-waiver

]]> Comment on Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion by Victoria Sethunya (@UtahHumanRights)v http://immigrationimpact.com/2012/05/14/immigrants-without-legal-representation-not-benefitting-from-prosecutorial-discretion/#comment-28361 Victoria Sethunya (@UtahHumanRights)v Fri, 18 May 2012 16:50:20 +0000 http://immigrationimpact.com/?p=10800#comment-28361 Even immigrants with attorneys still remain at the mercy of a competent immigration attorney who will not "hang" the immigrant in order to pursue prosecutorial discretion. What is prosecutorial discretion? Does following this route imply that the immigrant admits to violating immigration laws? If so, will his or her attorney inform him or her on these admissions and their future implications if prosecutoria discretion fails? Can prosecutorial discretion be appealed? Immigration attorneys tend to say, "Let us look at your options" and my general understanding of this is that you are picking out of a raffle bag, something that might help you, not something that says you admit wrong doing. For those representing themselves, are the simplified directions to be handed out to them to know about prosecutorial discretion to help them benefit from it? Even immigrants with attorneys still remain at the mercy of a competent immigration attorney who will not “hang” the immigrant in order to pursue prosecutorial discretion.

What is prosecutorial discretion?
Does following this route imply that the immigrant admits to violating immigration laws?
If so, will his or her attorney inform him or her on these admissions and their future implications if prosecutoria discretion fails?
Can prosecutorial discretion be appealed?

Immigration attorneys tend to say, “Let us look at your options” and my general understanding of this is that you are picking out of a raffle bag, something that might help you, not something that says you admit wrong doing.

For those representing themselves, are the simplified directions to be handed out to them to know about prosecutorial discretion to help them benefit from it?

]]> Comment on House VAWA Bill Threatens Protections for Immigrant Women and Children by Thomas A. Wirtanen http://immigrationimpact.com/2012/05/03/house-vawa-bill-threatens-protections-for-immigrant-women-and-children/#comment-28282 Thomas A. Wirtanen Thu, 17 May 2012 08:44:23 +0000 http://immigrationimpact.com/?p=10693#comment-28282 And what of the false marriage, green-card frauds who duped and are never abused by U.S, citizens? The ambition of protection of the viictms of domestic violence is noble and worthy, but what of the frauds, perjurers, and those seeking a fraudulent marriage as their ticket to the USA? Any noble law can and will be subverted by those willing to manipulate it, and must be carefully written to avoid such subversion. The immigrant is heard and the citizen is noit? Even a citizen who is the actual victim and holds a valid restraining order to prove it? Violence against a spouse is and should be a crime everywhere. But never kid yourself into thinking that marriage fraud and abuse does niot exist because it is ongoing as this is written, or that the noble intentions of any such cause are served by denying the citizen Due Process of Law. Anyone claming protection under this act should be able to withstand the scrutiny required to sustain their petition, and abuse of the process must be contemplated as to protections are being promulgated. And what of the false marriage, green-card frauds who duped and are never abused by U.S, citizens? The ambition of protection of the viictms of domestic violence is noble and worthy, but what of the frauds, perjurers, and those seeking a fraudulent marriage as their ticket to the USA? Any noble law can and will be subverted by those willing to manipulate it, and must be carefully written to avoid such subversion.

The immigrant is heard and the citizen is noit? Even a citizen who is the actual victim and holds a valid restraining order to prove it?

Violence against a spouse is and should be a crime everywhere. But never kid yourself into thinking that marriage fraud and abuse does niot exist because it is ongoing as this is written, or that the noble intentions of any such cause are served by denying the citizen Due Process of Law.

Anyone claming protection under this act should be able to withstand the scrutiny required to sustain their petition, and abuse of the process must be contemplated as to protections are being promulgated.

]]> Comment on DHS Begins Review of Deportation Cases, Issues Awaited Prosecutorial Discretion Guidelines by Immigrants without Legal Representation Not Benefitting from PD | Collier County Neighborhood Stories Project http://immigrationimpact.com/2011/11/17/dhs-begins-review-of-deportation-cases-issues-additional-prosecutorial-discretion-guidelines/#comment-28244 Immigrants without Legal Representation Not Benefitting from PD | Collier County Neighborhood Stories Project Tue, 15 May 2012 15:56:22 +0000 http://immigrationimpact.com/?p=9333#comment-28244 [...] exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementationwould relieve backlogs and help the agency focus on higher priority immigration cases. Months later, [...] [...] exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementationwould relieve backlogs and help the agency focus on higher priority immigration cases. Months later, [...]

]]> Comment on House Judiciary Committee Sends Wrong Mother’s Day Message with Amendments to VAWA by HorsesAss.Org » Blog Archive » Open Thread 5/14 http://immigrationimpact.com/2012/05/11/house-judiciary-committee-sends-wrong-mothers-day-message-with-amendments-to-vawa/#comment-28221 HorsesAss.Org » Blog Archive » Open Thread 5/14 Mon, 14 May 2012 15:02:06 +0000 http://immigrationimpact.com/?p=10781#comment-28221 [...] having trouble — you know morally — wrapping my head around the GOP position on the Violence Against Women Act [...] [...] having trouble — you know morally — wrapping my head around the GOP position on the Violence Against Women Act [...]

]]> Comment on Supreme Court Asks Hard Questions at Oral Arguments Over Arizona SB 1070 by SB1070 Author Shares Fears About America Becoming a “Minority Majority” Nation - mansfieldlawgroup.com http://immigrationimpact.com/2012/04/25/supreme-court-asks-hard-questions-at-oral-arguments-over-arizona-sb-1070/#comment-28215 SB1070 Author Shares Fears About America Becoming a “Minority Majority” Nation - mansfieldlawgroup.com Mon, 14 May 2012 05:09:43 +0000 http://immigrationimpact.com/?p=10586#comment-28215 [...] the same day the Supreme Court heard oral arguments in Arizona v. United States the Washington Postpublished an article featuring Michael [...] [...] the same day the Supreme Court heard oral arguments in Arizona v. United States the Washington Postpublished an article featuring Michael [...]

]]> Comment on Justice Department Says Alabama Immigration Law Disrupts Access to Public Education by Mandy http://immigrationimpact.com/2012/05/10/justice-department-says-alabama-immigration-law-disrupts-access-to-public-education/#comment-28155 Mandy Fri, 11 May 2012 21:45:58 +0000 http://immigrationimpact.com/?p=10758#comment-28155 Thanks for the interesting post, the immigration war rages on! It is always an interesting dilemma, as no one wants to force immigrants out that has a brain in their head, but we also must recognize that our schools are overcrowding. Thanks for the interesting post, the immigration war rages on! It is always an interesting dilemma, as no one wants to force immigrants out that has a brain in their head, but we also must recognize that our schools are overcrowding.

]]> Comment on In Heart of Texas, Sheriff Takes Heat for Honoring Immigration Detainers by Thomas Esparza http://immigrationimpact.com/2012/05/09/in-heart-of-texas-sheriff-takes-heat-for-honoring-immigration-detainers/#comment-28150 Thomas Esparza Fri, 11 May 2012 18:23:21 +0000 http://immigrationimpact.com/?p=10749#comment-28150 For the last four years myself and other hispanic leaders have been telling the Sheriff that this misguided policy smacked of racism, would lead to racial profiling and would lead to the destruction of families on a tremendous scale. He does not have the ball to admit he was wrong, ask for forgiveness and promise to consult the population that he serves before he does something like this again to us. For the last four years myself and other hispanic leaders have been telling the Sheriff that this misguided policy smacked of racism, would lead to racial profiling and would lead to the destruction of families on a tremendous scale. He does not have the ball to admit he was wrong, ask for forgiveness and promise to consult the population that he serves before he does something like this again to us.

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