Oliver Huiyue Qiu Immigration Law Blog on Lawyers.com

On August 18, 2011, U.S. Department of Homeland Security Secretary Janet Napolitano announced that the Administration will now implement a new process for handling the deportation cases for potential DREAM Act students and other sympathetic individuals with family ties to the U.S. As a first step, an interagency work group is to be established in DHS headquarter to conduct a case-by-case review. This is one of the most recent developments in the U.S. agency’s steps in making use of favorable prosecutorial discretion in immigration enforcement activities since August of 2010. In particular, Secretary Napolitano referenced the Internal Policy Memorandum made by the U.S. Immigration and Customs Enforcement Director John Morton on June 17, 2011. Director Morton outlined the following immigrant groups to be favored:

      - veterans and members of the U.S. armed forces; 
      - long-time lawful permanent residents;
      - minors and elderly individuals;
      - individuals present in the United States since childhood; 
      - pregnant or nursing women; 
      - victims of domestic violence; trafficking, or other serious crimes; 
      - individuals who suffer from a serious mental or physical disability; and 
      - individuals with serious health conditions.

Ironically this new policy came within the context of an unprecedented level of mass deportation by this Administration.  In Fiscal Year 2010, close to 400,000 individuals were removed from the U.S. This record is perhaps the most in a single year for any U.S. president in the recent history, including the years under President George W. Bush. By implementing the new policy, the Obama Administration once again recognizes the limited resources of the U.S. government and the sheer number of undocumented individuals in the U.S.

Indeed, just like our current sinking economic numbers, the phenomenal immigration crisis was created not by President Obama, but by his predecessors including the last three Republican presidents.  Regretfully, just like his much criticized economic policy, President Obama’s immigration policy is also under attack from the Right. We at Bretz & Coven LLP applaud the Administration’s decision and urge the prompt formation of this interagency work group with the case review to begin immediately.

For too long, hardworking immigrants in this country feel like Vladimir and Estragon in Samuel Beckett’s classic - Waiting for Godot. We hope this sensible new policy does not end like the play.

This article was provided by Bretz & Coven, which practices immigration law in New York City and throughout the United States.  If you need advice on the new policy announced by Secretary Napolitano or on any other immigration matter, reach out to Kerry Bretz and Oliver Qiu, partners at Bretz & Coven, LLP, a New York City immigration law firm at 305 Broadway, Suite 100, New York, NY 10007.