El DHS (El Departamento de Seguridad Nacional por sus siglas en inglés) emitió dos notas de aplicación de las órdenes ejecutivas relativas a la seguridad fronteriza y a la aplicación de la inmigración al interior. Aquí hay algunos de sus puntos destacados y algunos comentarios:
Department of Homeland Security issued two memoranda implementing President Trump's executive orders regarding border security and interior immigration enforcement. Here are some highlights and comments:
Our client came to the United States in 2001 on a B-2 visitor's visa. In 2005 he married a U.S. citizen and sponsored our client's permanent resident status. Four years later, the Immigration Service denied his application because they believed he married he committed marriage fraud (what immigration calls an INA §204(c) decision). Such a decision is generally treated as the "death penalty" by the Immigration Service and Immigration Judges for any future applications a person might file to seek resident status. As a result of the denial, our client was put into removal proceedings -- not because of the fraud the government thought he had committed, but solely because he had remained in the United States longer than he was authorized.
Last month, the Firm represented three individuals in removal proceedings. Each of the individuals had been longtime permanent residents (LPR) and each had been placed in removal proceedings based on criminal convictions that had occurred at least ten years ago. In each of the cases, the convictions were for offenses that most would view as serious to very serious. Because the immigration judge had the authority to deport them, the individuals all sought relief under INA §212(c) or INA §240A. In each case, the immigration judge was required to balance the positive factors of their lives against the negative aspects in deciding whether to allow these individuals to stay in our country. These factors can be found in an immigration case called Matter of Marin, 16 I&N Dec. 581 (BIA 1978).