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New Deportation Policy / Overstaying Foreigners

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October 2011
New Deportation Policy / Overstaying Foreigners Obama Administration Announces New Deportation Policy
The Obama administration, on August 18, 2011, announced the creation of a high-level working group made up of Department of Homeland Security and Department of Justice officials who are to do the following:
* Review all cases already pending before the immigration courts. Those that are considered “low priority” may be administratively closed. Those that are considered a “high priority” will be prosecuted more aggressively.
* There are no rules or guarantees that a particular type of case will be considered a “low” or “high” priority. Recent guidelines are helpful, but no one can tell you if your case is a low priority—only immigration authorities will make that decision.
* In the future, immigration authorities will review the cases before they are placed in removal proceedings. Those that are “low priority” may not be referred to the immigration court.
* Create department-wide guidance to help USCIS, CBP, and ICE agents and officers make better, more consistent decisions about who to place in removal proceedings.
* Issue guidance on providing discretion in compelling cases for persons who already have a final order of removal.
This is a preliminary announcement and nothing has been implemented yet. The Obama administration has made it clear that the announcements do not provide any way to “apply” for a work permit or “EAD” nor is there a new way to apply to remain in the United States. The change announced is not about giving people work permits or legal status. The announcement applies only to cases already in the system, ensuring that low priority cases do not continue to clog up an already overburdened immigration court system.
The American Immigration Lawyer Association issued an advisory after Secretary of Homeland Security Janet Napolitano’s announcement, warning that the guidelines don’t grant amnesty and don’t create a program people can sign up to join.

“There is NO ‘safe’ way to turn yourself in to immigration and there is NO guarantee that your case will be considered ‘low priority,’” the advisory says. “ANY person who comes into contact with immigration authorities may be arrested, detained or even removed.”

DHS Traces Overstaying Foreigners
An investigation by the Department of Homeland Security of 1.6 million cases of foreigners suspected of remaining in the United States after their visas expired has shown that more than half of them have already left the country or obtained legal immigration status, officials told Congress recently.
Department officials put the remaining cases of foreigners who could still be in the country through an intensive electronic screening. About 2,000 of them were determined to be here and to pose a potential national security or public safety threat, they said.


VISA PREFERENCE NUMBERS FOR OCTOBER 2011

 

FAMILY

India

Pakistan/Bangladesh

1st

15Jun04

15Jun04

2A

08Jan09

08Jan09

2B

15Jul03

15Jul03

3rd

08Sep01

08Sep01

4th

15May00

15May00

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

15Jul07

Current

3rd

15Jul02

08Dec05

Other

08Jun02

15Sep05

4th

Current

Current

5th

Current

Current1B

 



 

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