Illegal Entry - Married to USC

[JimVaPhuong 4,863]

My comment was in response to LlamaInvasion's over-broad statement that "when they eventually do catch the person, they WILL deport him." Lawyers live to make new law. So do many judges. And (see today's breaking news about Obama's "case-by-case review" of deportation orders) so do presidents. Who would have thought 15 years ago that asylum law would now apply to battered women or transvestites? Tell the beneficiaries of these new policies that "there's nothing a high paid lawyer can do"! Obama's policy--as announced today--will, for many people who are currently under deportation orders, cancel their deportation and provide them with work permits. If you're one of these people, I would suggest hiring a high-paid lawyer right away! For those EWIs not currently under deportation orders, and who are living otherwise law-abiding lives, they now realize that they may be able to stay put--the worst that will happen is that they'll get hauled in and then be exonerated and provided a work permit. In the OP's situation, the woman has been here for 8 years already. Would anyone recommend that she voluntarily return to Central America and risk having to stay outside the USA for years when the risk in staying here may be quite low?

Obama threatened to implement policies resembling the DREAM act earlier this year. He knows damn well he can't change the law. All he can do is issue orders to executive branch agencies telling them how to enforce the law, which is what he's done in this case. He's told ICE to review 300,000 deportation cases and focus on the ones involving convicted criminals. Napolitano even said "It will not provide categorical relief for any group".

The law hasn't changed here. What's changed is the selective way in which it's being enforced. It will likely change again in the very near future, as well. Not because of any lawyers or judges, but because the Presidential campaign season is heating up. Obama issued this order because he needs Hispanic votes in order to win. This is the same President who oversaw the deportation of 1.4 million people - a record for any President. If he ends up being reelected, which is doubtful at this point, you can expect to see the deportation mill cranked up again. If a Republican is elected then you can expect it to be turbocharged.

Reuters and AP are explaining this new executive order differently. AP says aliens whose removal cases are closed will be given EAD's. Reuters says they'll be eligible to apply for an EAD. We'll see how far that goes. If they actually start issuing EAD's to everyone whose had a removal case closed then illegals will be lining up to have removal proceedings initiated and then closed. And they think the system is backlogged now...

[JoannaV 174]

Would anyone recommend that she voluntarily return to Central America and risk having to stay outside the USA for years when the risk in staying here may be quite low?

It's a hard one. I can't imagine living my entire life without legal status. But nor can I imagine leaving my children for 12-18 months. And yet the hardship of leaving the children will be what gets her the waiver, whereas if she waits till they're grown+gone she won't be able to prove that hardship. Generally I uphold total adherence to immigration law. And I still do. But no way am I going to tell anyone to their face that they should leave their children.