Trespassing law may turn more illegal immigrants into citizens

By Jim Small - jim.small@azcapitoltimes.com
Published: May 17, 2010 at 7:02 am

Arizona’s new immigration law may have been aimed at deporting as many illegal immigrants as possible, but an ironic side effect will allow more undocumented residents to apply for temporary work visas and permanent U.S. citizenship, according to research by the Arizona Capitol Times.

The new law will add to a processing backlog that already has caused federal authorities to release an increasing number of illegal immigrants back into the U.S. to await deportation hearings. And if nationwide figures can be applied to Arizona, one in four of those who are released from federal custody fail to appear in court.

The arrest-and-release policy is a little-known part of federal immigration law that allows illegal immigrants to challenge deportation and obtain legal residency, and a driver’s license, as long as they meet certain conditions. If more illegal immigrants are apprehended and processed through the federal system – which is expected to happen after Arizona’s immigration law takes effect on July 29 – then an even greater number would qualify for legal status.

“In a sense, it’s like there’s some incentive to get caught,â€