USC I130 Petitioners Should file a Class Action Lawsuit against the Obama Administration

[f&c 50]

These are children brought by their parents, how would it be a deterrent, they had no say in when or if they entered.

If their children did not have a path to legalization, it may prevent some of the parents from coming in the first place. That's the idea anyway...

[Boiler 44,985]

Then why DACA, Dream Act, Amnesty talk etc etc.

[NickD 202]

All I know on this subject as a natural born US citizen, it is against the law for me to petition for my stepson, because he was barely over the age of 21. This is the law, my wife could only petition for him, but not until she became a LPR.

But at this time, she was strongly advised to wait until she became a US citizen, because as an LPR, the process would take at least five years longer. And she should get her US citizenship first because it would shorten this delay by at least two years. So we waited. Her petition was approved in the usual long wait with the USCIC in a little over a year.

In this same time period, we had a change of presidents and we learned via our senators that it is the president that has absolute control over the NVC and limits the number of visas they will issue based on the countries where the immigrant is from.

At first it was Iraq where Iraqi's were giving number one priority for helping our US military, this shifted to Afghanistan, and for whatever maybe racial, Africa was given number two priority. My stepson is in Latin America, that was dropped to the very bottom of the list given just a small handful of visas. If you want to know the time span, hitting close to ten years now and still waiting. With no hope of getting him here.

Ironically in terms of illegals, how about an illegal child that gets pregnant at 14 years of age and by some weird interpretation of the 14th amendment, that baby is born a US citizen. Then eligible for all kinds of social welfare including Medicaid, WIC, food stamps, and even a paycheck.

Compare this with a family of six where four kids were born here, one year apart and the illegal father was caught and deported. Will not deport the children, because they were born here, nor the mother because she has to take care of these US citizen children. Not permitted to work here, but goes on welfare, full insurance with Medicaid, and other benefits. As oppose to legally bring a child here that cost a US citizen a small fortune. US citizen has to pay a fortune to bring that child here then liable for full care because of this I-864 we are forced to sign.

We are suppose to be a country of representation, but yet if you contact your senator or congressman, they have no say in this matter. Over the years, our congress has given the president more and more powers, so in effect, we have a dictator in charge. Even to the extent of declaring war. Last time our congress declared a war was for WW II.

So how did we become this way? Good luck in attempting to sue the government, how about a president that broke 694 constitutional that got off free. Only advice I can give, is don't swipe a candy bar from a store, if you get caught, will end up in jail.

[f&c 50]

Then why DACA, Dream Act, Amnesty talk etc etc.

Both parties in Congress and the administration know that the immigration system needs to be reformed, but have different ideas on how to get there. Mass and voluntary deportation don't seem realistic to me. I would not be opposed to a path for legalization with penalties for non criminals as long it comes with tighter boarder security and a hard cutoff date. The government is dysfunctional, so I don't expect much.

[sharky-rex 76]

How bout they hire more adjudicators? If there always has been and looks like always will be a huge backlog, there's certainly justification for it. With the fees they're charging they should be able to pay them.

[f&c 50]

How bout they hire more adjudicators? If there always has been and looks like always will be a huge backlog, there's certainly justification for it. With the fees they're charging they should be able to pay them.

Agreed!

[vkrishn 97]

I see this confusion all the time in the media, even in well-respected, "serious" newspapers. It makes me nuts...

I think next time it happens I will send the journalists links to VJ and a little explanation about what an LPR is and the money and time it takes to become a legal alien.

Agree. So if i go by OP's logic of equating LPR's and illegals to be the same, the spouse of USC also comes in as LPR and not as a USC. Should we consider them as illegal and shouldn't they be deported as well? So either they come as a USC (not possible) or stay in their home country.

[NickD 202]

Already have a ton of immigration laws, but apparently not enforced. When dating my wife, was very cautious about getting her on the plane before her I-94 ran out. Only to read later on that there are over 10 million people here, have no idea who counted these are here with way overstayed visas, like 20-30 years.

Had some strange idea if we were one day late, guys in black suits would be knocking at my door.

Now in terms of law enforcement, no problems with the IRS, the city tax collector, or the cops when driving 26 mph in a 25 mph zone. Right there on the spot.

Also understand that very few come here by taking that 100 mile walk across the desert, but this is what they take about in building a huge fence. But with overstayed visas, the key reason, they have a record of this, but just don't do anything about it. States are taking a beating on this issue, but have no authority, its up to the feds.

If you really want to raise a flag about coming here illegally, try to do it legally by sending in applications. This is when we are put on that red carpet and treated like criminals until we prove ourselves innocent.

[Kaylara 814]

I agree with you 100%!! But a class action lawsuit....no way the guy is immune to any kind of lawsuit.

The goal of the lawsuit is to have the courts overturn Obama's executive order DACA giving children of illegal immigrants legal rights when in fact is the responsibility of congress to make such laws. The courts should make it clear the president does not have the right to act on his own in these matters. Second is to have the courts invalidate these visas of children of illegal immigrants. Third and most important is to make sure in the future United States Citizens rights are secured in the immigration process when petitioning their immediate relatives. United States Citizens should always have priority over everyone else's petitions. Honestly it's that simple.

Nope. I won't help with any kind of action that is going to try to STRIP people of the ability not to be deported or work because their parents committed an immigration crime. It's kind of horrifying that you think that suing to take away someone's legal rights is a good idea.

So a few notes:

DACA isn't a visa. There is no visa to be invalidated. The US courts don't have any jurisdiction to revoke a visa. Visas are for people who are trying to get into the country legally, not people who are already here.

Executive orders are built into the system whether you like them or not. That doesn't make them illegal just because you disagree with them. The courts will not make it clear that the president doesn't have the power to execute executive orders, because he does.

US Citizens rights are already guaranteed in comparison to other immigrant classes. Visas are immediately available to us, and there are no numerical or per country limits. The government also has to have a good reason to deny our applications.

That the USCIS decided to process the DACA applications ahead of the I130 cases is on the upper management of the USCIS. Not the DACA filer. I didn't blame those people who filed before me for getting stuck in the backlog. Don't blame "illegal" aliens or DACA filers for the backlog. Don't blame Obama for the backlog. It was the upper management at the USCIS who decided to process the DACA filers very quickly and not process the stand alone I130s for US Citizens. It is the upper management in the USCIS who continue to screw us over and not devote appropriate resources to clearing this backlog. Until we can focus on the actual cause of the problem instead of blaming people who had only incidental roles in creating this problem, nothing will get fixed. And I'm sure that the upper management at the USCIS is betting on that dissension to avoid having to take action.

[Kaylara 814]

What exactly would you be suing for? Do you think your significant other's petition should take precedence over the DACA filers and if so, why? These are people who were brought to this country by no choice of their own, they have lived here, gone to school here, most know the US as their only home. Do you propose that the government gather them all up and bus them back to where they came from? Their parents are the ones who broke the law, they didn't. They deserve a chance to stay in the only country they know, legally, they deserve the chance to become contributing members of our society. I am so tired of hearing people complain about the "illegals" who may or may not be delaying their process by a few weeks or months. Have some compassion. It isn't like these children asked for their parents to sneak them over the border.

I'm out of reputation pokes for today, but I totally agree with this.

[Boiler 44,985]

DACA does not apply to children, I seem to remember the age limit was 31.

It was a political call by the administration to institute, when they did, prior to an election, and to prioritise it.

You can be fore it or against it, but it was certainly a political choice.

[Kaylara 814]

DACA is specifically for people who were brought here illegally as children. I don't see why those children (and yes, there are some that are still children, and still here illegally) should have to leave the only country they've ever known because their parents broke the law. But that's neither here nor there. We are conflating the President's directive with the USCIS response and not holding the people responsible who actually are responsible for prioritizing the DACA applications to the detriment of the US Citizen's applications. I understand why they pushed through the LPR petitions, considering how they have to wait for the visa bulletin dates, and retrogression and all that fun bull #######. But again, I think that it could have been done without impacting any one immigrant class excessively, which obviously was not how the USCIS handled it.

I, personally, would not take part in any such lawsuit, because the things that the OP listed make no sense, and I will not take part in something that seeks to remove legal rights from people.

However, if we're talking about drafting legislation to avoid this situation happening in the future, then I'm all for discussing that.

[Boiler 44,985]

USCIS is part of the Executive Branch, they di what they were told to by the head honcho of the Executive Branch. No need to over complicate it.

[Monalisa22 84]

The comments I am reading is the reason why this country is in serious trouble. Illegal immigrants really believe they have rights in this country. Obama had no right in the case of immigration law to bypass congress. Many critics believe it is unconstitutional. In terms of immigration law congress is the one who makes laws. Even a current case in front of the supreme court now against the Obama administration where he bypassed congress for labor board appointments the supreme court is about the go against the Obama administration. If the courts strike down Obama's executive order DACA and without congress approval then how are these children of illegal immigrants be able to stay here legally. Our economy is weak and there are not enough jobs for United states citizens just to give amnesty to all these people. In the case of USC immediate relative petitions DACA is the reason why there is a huge backlog. The Obama administration is responsible for that. Federal law dictates USC immediate relative petitions have priority over all petitions. The law is clear. These issues need to be debated during this election year. United States Citizens need to be more involved in the immigration reform debate and not allow pro amnesty groups and others to bully the American people into accepting this nonsense.

[SusieQQQ 11,586]

If there aren't enough jobs for USCs why allow any immigrants at all? More particularly why allow all those work visas to be issued? (Alternatively why keep changing your argument...?)

Some of you may find this interesting:

http://www.presidency.ucsb.edu/data/orders.php