The Changing Deportation Strategy for Undocumented Immigrants

June 17, 2011

The Changing Deportation Strategy for Undocumented Immigrants

The Immigration and Customs Enforcement Agency (ICE) is changing its approach for deporting immigrants in the country illegally. Officials at ICE and the Department of Homeland Security (DHS) are shifting their focus to remove convicted criminals, rather than students or workers who otherwise have shown good behavior.

The new policy comes soon after of the Senate's failure to pass the Dream Act last December, which would have allowed immigrants who arrived in the U.S. before they turned sixteen to eventually apply for citizenship, if they go to college or join the military for two years. While the bill passed in the House, the Senate voted it down 55-41. Similar legislation may appear in the future, but the likelihood of a bill passing before 2012 remains slim, largely due to the current makeup of the Senate.

However, while new legislation is unlikely, the White House is facing pressure from advocacy groups and Democrats to loosen deportation for students and other law-abiding undocumented immigrants. In a letter sent April 13, 2011, Harry Reid and Richard Durbin, the two top Democrats in the Senate, asked President Obama to protect undocumented college students who would otherwise have been granted protection from the Dream Act.

Immigration Law Still Unclear

While it appears that ICE and DHS officials are trending towards reduced enforcement for undocumented students and workers without criminal records, the law remains the same and undocumented immigrants are subject to being deported any time ICE or other enforcement agencies choose to pursue deportation.

Until the recent policy change, the number of undocumented non-criminal immigrants was up under the Obama administration. According to the DHS Yearbook of Immigrant Statistics, 393,289 undocumented workers were deported in 2009, 264,944 of whom had no criminal records. In 2007, 216,988 non-criminal immigrants were deported.

According to an article in the USA Today, ICE Director John Morton ordered agency officials to begin dismissing deportation cases in August of 2010 for undocumented immigrants who have not committed crimes and had immigration applications pending.

Consult An Attorney

While the new policy is encouraging for undocumented immigrants, because the law is still unclear if you are concerned about deportation you should speak to an immigration law attorney to discuss your case.

Article provided by Dyer Immigration Law Group, P.C.
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