Deportation Protests Escalate

As the "Gang of Eight" US Senators continue to hammer out the blueprint for comprehensive immigration reform, locally in Southern California, protestors have stepped up efforts against deportations ahead of any proposed immigration bill. In light of the Obama Administration's record number of deportations (most by any president in one term), Inland Empire activists from San Bernardino and Riverside counties are alleging that Customs and Border Patrol agents are targeting undocumented immigrants, especially Latino workers, without proper evidence.

According to a March 12, 2013 article in the Press Enterprise, activists want an end to all deportations for undocumented immigrants who have not committed serious crimes - a moratorium of sorts - while comprehensive immigration reform talks continue in the halls of Congress. They also want authorities to stop targeting "day laborers", a proposal that is met with mixed opinion.

On the flip side, one Congressman, Representative Duncan Hunter R-Alpine, has called for increased border security ahead of any comprehensive immigration reform. Public opinion falls somewhere in the middle of this debate between increased border security and halting deportation, according to Dan Schnur,  director of the Jesse M. Unruh Institute of Politics at USC and a former Republican strategist.

The Obama Administration has repeatedly said it only targets those undocumented immigrants convicted of serious crimes, recent border crossers, and those who have violated US immigration laws in the past. However, US Immigration and Customs Enforcement statistics invalidate those claims: only 19% of those deported in 2012 were convicted of the most serious crimes (murder, rape, drug trafficking, etc.), 12% were convicted of less serious felonies or multiple misdemeanors, and 41% were recent border crossers or had violated US immigration law in the past (re-entering the US after being deported). That leaves 28% remaning - those who do not fit into the aforementioned categories - deported for relatively minor violations and a rather large exception to the Administration's oft-stated policy on deportation.

Arguments rage on both sides in this heated debate over immigration. While this office attempts to take a neutral stance on this blog, we still nevertheless believe that those convicted of minor offenses, no offenses, and are not recent border crossers or repeat violators, should not strain an already burdened immigration removal system when there are "bigger fish to fry". Nor should people who are lawful permanent residents (have a "green card") and have resided here for lengthy periods of time, be torn apart from their families for relatively minor drug offenses (see e.g. INA Section 237(a)(2)(B)(i) "General Classes of Deportable Aliens: Offenses Related to Controlled Substances).

Deportation is a thorny issue, is emotional charged, and can have the possibility of tearing families apart. It would be relieving if existing US immigration laws regarding deportability are re-written as a part of comprehensive immigration reform - in a way that ensures fairness, compassion, accountability, and allows for some real and honest flexibility in certain cases - while also keeping our country safe and secure.

If you or a loved one are apprehended by ICE and placed into removal proceedings, it is essential that you consult with a qualified and experienced immigration attorney who can advise you of all possible forms of relief. We hope you consider calling this office at 949-440-3240, an attorney would be happy to speak to you. You can also visit www.kpimmigrationlaw.com to learn more about removal (deportation) and other areas of immigration law such as employment-sponsored immigration and family-sponsored immigration.