Thread: The U.S. now has even more leeway to start deportation proceedings for immigrants

The U.S. now has even more leeway to start deportation proceedings for immigrants

BY DANIEL SHOER ROTH
dshoer@elnuevoherald.com
November 15, 2018 02:08 PM
Updated 1 hour 38 minutes ago

Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will expand again starting on Nov. 19.

The U.S. Immigration and Citizenship Services (USCIS) recently announced that its officials will have more leeway to issue so-called Notices to Appear (NTA) if an immigration benefit request has been denied.

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USCIS started to implement a new protocol on Oct. 1 that expanded the number of reasons for issuing NTAs — a document issued to non-citizens instructing them to appear in immigration court. The NTAs traditionally mark the beginning of a deportation procedure.

The new measure that takes effect next week will affect foreigners who entered the U.S. legally, and applied for an immigration benefit such as a visa. But now if their application, petition or benefit request gets turned down, their presence in the United States becomes immediately unlawful.

Previously, an immigrant had more time to re-petition or pursue other avenues to stay in the United States under a different status.

“If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA,” the agency announcement said.

Starting Nov. 19, USCIS may issue NTAs based on denials of the following visas:
▪ I-914/I-914A, Application for T Non immigrant Status for victims of a severe form of trafficking.
▪ I-918/I-918A, Petition for U Nonimmigrant Status for victims of qualifying criminal activity.
▪ I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
▪ I-730, Refugee/Asylee Relative Petitions for spouses and/or unmarried children under 21 years of age of refugees.
▪ I-929, Petition for Qualifying Family Member of a U-1 Non immigrant. (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions.)

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▪ I-485 Application to Register Permanent Residence or Adjust Status (geen card applicants in the United States)

“USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States,” the agency said.

“USCIS will not implement the memorandum with respect to employment-based petitions at this time. Existing guidance for these case types remain in effect,” it added.

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The regulations announced in June also allow the deportation of legal immigrants if they violate federal or state programs related to “the reception of public benefits.”

Since Oct. 1, immigration agents are able to issue NTAs for a wider range of cases involving fraud or criminal activity.

The USCIS policy memorandum states its purpose is to align with Trump’s executive order “for enhancing public safety,” which “articulated the priorities for the removal of aliens from the United States.”

USCIS Director, L. Francis Cissna has stated that the expanded NTA policy equips agency officials with “clear guidance they need and deserve to support the enforcement priorities established by the president, keep our communities safe, and protect the integrity of our immigration system from those seeking to exploit it.”

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THEY SHOULD NOT GET ANY THING . (WE SHOULD HAVE THE SAME LAWS AS MEXICO HAS . THEY DON'T GET ANY THING MR PRESIDENT STOP ALL THE GREEN CARDS & FOOD STAMP & THE MED ). OUR FRIEND IN PA THE HOSPITAL CALL & ASK ABOUT HIS BILL WELL HE SAID WHEN THE ILLEGAL IMMIGRANT'S PAY ) I WILL PAY ( WE PAY FOR EVERYTHING & THEY GET EVERY THING FREE (I'M SICK OF THIS & AS FOR MY FRIEND HE WORK IN THE ER HER SON WORK FOR THE HOSPITAL & THEY SEE ALL THIS & THEY WALK AWAY . THEY DON'T PAY ONE PENNY IT OUT OF HAND . MR PRESIDENT THIS HAS TO STOP . SHIP EVERY ONE OF THEM BACK HOME WE HAVE FAMILY & OUR POOR VET'S IN THE STREET & YOU WANT HELP ALL OTHER COUNTRY I DON'T THINK SO

Deem all Drivers Licenses issued to illegal aliens null & void and deport them!

Governors should not be awarding government issued ID's and documents to illegal aliens!

SIGN THE EXECUTIVE ORDER TO END BIRTHRIGHT CITIZENSHIP!

Legal immigrants who abuse public benefits are now more likely to be deported

BY DANIEL SHOER ROTH



SEPTEMBER 28, 2018 01:26 PM,

UPDATED JANUARY 10, 2019 01:29 PM







A man is detained by Immigration and Customs Enforcement (ICE) agents on Oct. 14, 2015, in Los Angeles, California. JOHN MOORE GETTY IMAGES



New Trump administration guidelines that expand the list of reasons for which immigrants can be summoned before an immigration judge to start deportation procedures will take effect Monday, Oct. 1.

The updated list, announced in July by the U.S. Citizenship and Immigration Service (USCIS), includes the option of deporting legal immigrants if they violate federal or state programs related to “the reception of public benefits.”

The rules give immigration officials more leeway to issue Notices to Appear, or NTAs — a document issued to non-citizens instructing them to appear in immigration court. The NTAs traditionally mark the beginning of a deportation process.

Starting Monday, USCIS agents will be able to issue an NTA for a wider range of cases involving evidence of fraud, criminal activity or when a foreign citizen is denied an immigration benefit and therefore loses legal status to remain in the United States.

The USCIS policy memorandum states its purpose is to align with Trump’s executive order “for enhancing public safety,” which “articulated the priorities for the removal of aliens from the United States.”

“For too long, USCIS officers uncovering instances of fraudulent or criminal activity have been limited in their ability to help ensure U.S. immigration laws are faithfully executed,” agency Director L. Francis Cissna has said.

The new procedures, he added, give immigration officers more freedom and offers them “clear guidance they need and deserve to support the enforcement priorities established by the president, keep our communities safe, and protect the integrity of our immigration system from those seeking to exploit it.”

Another news release issued Wednesday to announce the implementation of the new policy on NTAs noted that USCIS will send “denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied.”

The immigration agency said the revised guidelines are designed to strengthen the enforcement priorities of the Department of Homeland Security, which last week made public a proposal to keep immigrants from obtaining permanent residence or green cards if they receive certain public benefits.

Under the new guidelines, USCIS adjudicators are required to issue NTAs in the following categories:

▪ Cases in which fraud or false representation is substantiated.

▪ Cases in which immigrants have abused some of the public benefits available to them.

▪ Cases in which immigrants have been accused or convicted of a criminal offense, even if criminal conduct was not the basis for the denial.

▪ USCIS will be allowed to refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.

▪ Cases in which USCIS denies an Application for Naturalization on good moral character grounds because of a criminal offense.

▪ Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

The USCIS announcement Wednesday added that it will continue to “prioritize cases of individuals with criminal records, fraud, or national security concerns.”

Follow Daniel Shoer Roth on Facebook and Twitter @DanielShoerRoth and read more about legal and immigration issues in Spanish at AccesoMiami.com.

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Now start going after the government employees AND Governor's who award illegal aliens welfare, food stamps, medical care, school, drivers licenses, tax refunds and jobs! L.A. county employs illegal aliens by not giving them a paycheck but giving them "expense reimbursement"!

They have NO student visa to attend our schools and the Department of Education needs to send a Directive to terminate them from our schools. Taxpayers should NOT be forced to pay for education, ESL classes, breakfast or lunch for any illegal alien.

NO MORE TWO SETS OF RULES FOR THOSE WHO COME LEGALLY AND THOSE WHO BREAK OUR LAWS BY GIVING THEM A FREE PASS! THAT IS DISCRIMINATION!