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Friday, March 3, 2017

Navigating Uncertain Times: Friday Roundup



Friday March 3, 2017



Summary –

 If Yogi Berra didn’t say it – he should have:  “We won’t know what will happen…until it happens”.

That is perhaps the best way to sum up this week (and year) in immigration.

The President’s address to Congress on Tuesday night returned to some of the harsher language and proposals that have become emblematic of his tenure, but it followed a bit more accommodating tone in which the President seemed to consider openness to new immigration reforms and reasonable security proposals.  The challenge has been, is – and likely will continue to be – which of the mixed signals will become reality.

That is why it is prudent to wait to see what actually happens - rather than rely upon interviews, speeches, anxieties and fears, before responding .

 

Interior Security Memo

We briefly touched upon the Interior Security Memo last week, but as certain provisions were again raised during the President’s address on Tuesday, here is some additional analysis about some of the provisions addressed in the Feb. 17, 2017 Memorandum titled “Enforcement of the Immigration Laws to Serve the National Interest:

1.       Removable priorities – The Memo identifies certain persons as ‘priorities’ for removal from the U.S.  These include, predictably, persons who are inadmissible on criminal or national security grounds.  Since these have always been the priorities of previous administrations, this is not necessarily something new.

What is distinct, however, is the inclusion of any person who has been charged with a criminal offense – that has not yet been resolved (i.e., that might result in an acquittal); or that has committed an act that ‘constitutes’ a criminal offense (i.e., but has not been charged with having committed a crime) or any person who has ‘abused’ any program related to receipt of public benefits. 

The U.S. government is rightly tasked with insuring the safety and security of its citizens, and it is the purview of the President of the United States to prioritize the allocation of resources to their most effective and efficient use to insure our security.  However, with such ambiguously broad categories that make everything a priority, resources are spread thin and the lack of narrow focus fails that intent.  The proposed addition of enforcement personnel in the future does not address this flaw.

 

2.       VOICE – Victims of Immigration Crime Engagement Office – This was referenced in the President’s address to Congress on Tuesday.

 

The proposed ‘VOICE’ office will utilize ‘any and all resources that are currently used to advocate on behalf of illegal aliens’ to fund a liaison between ICE and the families of persons who were victims of crimes perpetrated by a ‘removable alien’.  The office will provide information to the family regarding the immigration and custody status of the perpetrator.  The implication is that victims are not now able to acquire such information.

A corollary provision in the February 17, 2017 Memo requires the Director of ICE to report statistical data regarding the apprehension of ‘aliens’ by ICE.  Since there is no mention of a qualifier ‘removable’, this presumably includes any foreign national – whether here legally or without legal permission.  The information to be provided includes the country of citizenship, criminal offenses or gang activity, custody status and – if released – the location of where the individual has been released.  This is expanded to also include weekly reports of non-federal jurisdictions that release foreign nationals from custody.

In a democracy such as ours, statistics and information about criminal activities of persons should be available and transparent.  A word of caution here is advisable, though and, aside from the costs to run such a program, thought should be given to consider the value and the motivation behind this initiative.  Without context and comparison to the general population, such information could easily distort the image of the foreign individuals who are at home in our country and could be used to justify unreasonable treatment of our immigrant population.

 

Next Up:  H-1B Visa Reform: Most people agree that the H-1B visa program needs some repairs. 

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