Immigration Law News NH and beyond

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Immigration Newsletter

Wednesday, June 20, 2012

Immigration Court Cases Closed Based on Prosecutorial Discretion, as of March 28, 2012

So will the new administrative DayDream Act (that's what I am calling it because it is a "lite" version of what would be the DREAM ACT if Congress ever got around to passing it) actually help anyone? Here are some local statistics from the last administrative attempt to hold off on deporting low priority cases. The exercise of prosecutorial discretion turned out to be just that -- an exercise. Less than one percent of the 9000+ backlogged cases in Boston have been closed or terminated by the government. Opponents thought it would be an amnesty and a free-for-all. It was hardly even noticeable -- doesn't surprise me. Time will tell if DayDream ever has any affect on reality.


Immigration Court Cases Closed Based on Prosecutorial Discretion, as of March 28, 2012


TRAC Reports Menu
Immigration Court Cases Closed Based on Prosecutorial Discretion
as of May 31, 2012
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Immigration Court: 
[Active Districts] [All Districts - Activity relative to Backlog]

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Immigration Court ▾Hearing LocationCase Backlog (as of September 2011)Cases Closed Based on Prosecutorial DiscretionClosures as a Percent of Backlog
BostonBoston Detained18142.2
BostonBoston, Massachusetts9,046670.7
BostonMassachusetts Department of Corrections1700.0
BostonNew Hampshire Department of Corrections100.0
BostonPlymouth County Corretional Facility100.0

Friday, June 15, 2012

Obama Administration does its own DREAM ACT


Secretary Napolitano Announces Deferred Action Process for Young People Who Are Low Enforcement Priorities

Release Date: June 15, 2012
WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. Are not above the age of thirty.
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. 

Thursday, June 7, 2012

New Hampshire Legislators Pass Ban On In-State Tuition Rates For Undocumented Immigrants

New Hampshire Legislators Pass Ban On In-State Tuition Rates For Undocumented Immigrants

Making it harder for NH students to pursue higher education. Another pro-growth GOP policy. How long before this Legislature sends out "hot-dots" to show they are pro-education. Warning: if you know what "hot-dots" are without "googling"  -- you may be getting close to what once was known as retirement age.