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Exclusive: Trump targets illegal immigrants who were given reprieves from deportation by Obama


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Exclusive: Trump targets illegal immigrants who were given reprieves from deportation by Obama

By Mica Rosenberg and Reade Levinson

 

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U.S. President Donald Trump returns to the White House after delivering remarks at the Department of Transportation in Washington, U.S. June 9, 2017. REUTERS/Jonathan Ernst

 

(Reuters) - In September 2014, Gilberto Velasquez, a 38-year-old house painter from El Salvador, received life-changing news: The U.S. government had decided to shelve its deportation action against him.

 

The move was part of a policy change initiated by then-President Barack Obama in 2011 to pull back from deporting immigrants who had formed deep ties in the United States and whom the government considered no threat to public safety. Instead, the administration would prioritize illegal immigrants who had committed serious crimes.

 

Last month, things changed again for the painter, who has lived in the United States illegally since 2005 and has a U.S.-born child. He received news that the government wanted to put his deportation case back on the court calendar, citing another shift in priorities, this time by President Donald Trump.

 

The Trump administration has moved to reopen the cases of hundreds of illegal immigrants who, like Velasquez, had been given a reprieve from deportation, according to government data and court documents reviewed by Reuters and interviews with immigration lawyers.

 

Trump signaled in January that he planned to dramatically widen the net of illegal immigrants targeted for deportation, but his administration has not publicized its efforts to reopen immigration cases.

 

It represents one of the first concrete examples of the crackdown promised by Trump and is likely to stir fears among tens of thousands of illegal immigrants who thought they were safe from deportation.

 

While cases were reopened during the Obama administration as well, it was generally only if an immigrant had committed a serious crime, immigration attorneys say. The Trump administration has sharply increased the number of cases it is asking the courts to reopen, and its targets appear to include at least some people who have not committed any crimes since their cases were closed.

 

Between March 1 and May 31, prosecutors moved to reopen 1,329 cases, according to a Reuters' analysis of data from the Executive Office for Immigration Review, or EOIR. The Obama administration filed 430 similar motions during the same period in 2016. (For a graphic: http://tmsnrt.rs/2s8csUZ)

 

Jennifer Elzea, a spokeswoman for U.S. Immigration and Customs Enforcement, confirmed the agency was now filing motions with immigration courts to reopen cases where illegal immigrants had "since been arrested for or convicted of a crime."

 

It is not possible to tell from the EOIR data how many of the cases the Trump administration is seeking to reopen involve immigrants who committed crimes after their cases were closed.

 

Attorneys interviewed by Reuters say indeed some of the cases being reopened are because immigrants were arrested for serious crimes, but they are also seeing cases involving people who haven't committed crimes or who were cited for minor violations, like traffic tickets.

 

"This is a sea change, said attorney David Leopold, former president of the American Immigration Lawyers Association. "Before, if someone did something after the case was closed out that showed that person was a threat, then it would be reopened. Now they are opening cases just because they want to deport people."

 

Elzea said the agency reviews cases, "to see if the basis for prosecutorial discretion is still appropriate."

 

POLICY SHIFTS

 

After Obama announced his shift toward targeting illegal immigrants who had committed serious crimes, prosecutors embraced their new discretion to close cases.

 

Between January 2012 and Trump’s inauguration on Jan. 20, the government shelved some 81,000 cases, according to Reuters' data analysis. These so-called "administrative closures" did not extend full legal status to those whose cases were closed, but they did remove the threat of imminent deportation.

 

Trump signed an executive order overturning the Obama-era policy on Jan. 25. Under the new guidelines, while criminals remain the highest priority for deportation, anyone in the country illegally is a potential target.

 

In cases reviewed by Reuters, the administration explicitly cited Trump's executive order in 30 separate motions as a reason to put the immigrant back on the court docket. (For a link to an excerpted document: http://tmsnrt.rs/2sI6aby)

 

Since immigration cases aren't generally public, Reuters was able to review only cases made available by attorneys.

 

In the 32 reopened cases examined by Reuters:

 

--22 involved immigrants who, according to their attorneys, had not been in trouble with the law since their cases were closed.

 

--Two of the cases involved serious crimes committed after their cases were closed: domestic violence and driving under the influence.

 

--At least six of the cases involved minor infractions, including speeding after having unpaid traffic tickets, or driving without a valid license, according to the attorneys.

 

In Velasquez's case, for example, he was cited for driving without a license in Tennessee, where illegal immigrants cannot get licenses, he said.

"I respect the law and just dedicate myself to my work," he said. "I don't understand why this is happening."

 

Motions to reopen closed cases have been filed in 32 states, with the highest numbers in California, Florida and Virginia, according to Reuters' review of EOIR data. The bulk of the examples reviewed by Reuters were two dozen motions sent over the span of a couple days by the New Orleans ICE office.

 

PUMPKIN SEED ARREST

 

Sally Joyner, an immigration attorney in Memphis, Tennessee said one of her Central American clients, who crossed the border with her children in 2013, was allowed to stay in the United States after the government filed a motion to close her case in December 2015.

 

Since crossing the border, the woman has not been arrested or had trouble with law enforcement, said Joyner, who asked that her client's name not be used because of the pending legal action.

 

Nevertheless, on March 29, ICE filed a two-page motion to reopen the case against the woman and her children. When Joyner queried ICE, an official said the agency had been notified that her client had a criminal history in El Salvador, according to documents seen by Reuters.

 

The woman had been arrested for selling pumpkin seeds as an unauthorized street vendor. Government documents show U.S. authorities knew about the arrest before her case was closed.

 

Dana Marks, president of the National Association of Immigration Judges, said that revisiting previously closed matters will add to a record backlog of 580,000 pending immigration cases.

 

"If we have to go back and review all of those decisions that were already made, it clearly generates more work," she said. "It's a judicial do-over."

 

 
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-- © Copyright Reuters 2017-06-10
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Good for Trump. If they came in illegally send them back. The immigrants are the ones who put themselves in this position not Trump. It is not rocket science to know if you do not attempt to enter a country illegally you will not have these problems. Enter illegally and open the door for problems for you and your family. All illegal immigrant problems are brought on by themselves. If America was tougher on them they would not be so eager  to try to be illegal and the whole problem would go away.

  Why do they think once in they have privilege? There lies the problem  to liberal of governing has made them the privileged immigrants .Kick them out as fast as they come in see how long they keep coming.

Edited by lovelomsak
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It's one thing to deport people who have committed serious crimes, but obviously many of these old cases had been shelved for very good reasons. Not having a driving license in a place an immigrant can't actually get one, selling pumpkin seeds without a street vendor permit, cannot be classified as hard core criminal acts. Common sense had dictated that they should be able to stay. Now though, it seems they just want to deport as many people as possible, presumably so Donald has a big number to wave in front of his red neck racist supporters.

People who have been in a country for 12 years, who have children born there and who have committed no serious offence, should be allowed to continue with their lives, especially when their case has already been reviewed and approved once. This seems like a very mean and nasty policy.

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2 minutes ago, darksidedog said:

It's one thing to deport people who have committed serious crimes, but obviously many of these old cases had been shelved for very good reasons. Not having a driving license in a place an immigrant can't actually get one, selling pumpkin seeds without a street vendor permit, cannot be classified as hard core criminal acts. Common sense had dictated that they should be able to stay. Now though, it seems they just want to deport as many people as possible, presumably so Donald has a big number to wave in front of his red neck racist supporters.

People who have been in a country for 12 years, who have children born there and who have committed no serious offence, should be allowed to continue with their lives, especially when their case has already been reviewed and approved once. This seems like a very mean and nasty policy.

There should be no defence for illegal immigrants they are illegal end of story. No matter how they got there or how many kids they had in the country or how they make money. Send them back they are illegal simple fact.

 No other reason is needed illegal is illegal. 

Edited by lovelomsak
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14 minutes ago, lovelomsak said:

There should be no defence for illegal immigrants they are illegal end of story. No matter how they got there or how many kids they had in the country or how they make money. Send them back they are illegal simple fact.

Clearly the phrase "circumstances alter cases" is one you don't fully understand. You probably have little understanding and probably don't care about the UN Human Rights charters either. Countries have an obligation to respect, protect and fulfill the human rights of all individuals under their jurisdiction.

Are you seriously going to draw your line in the sand and stand ignorantly behind it? A case mentioned above shows a woman and children entered in 2013. In 2015 she was granted leave to stay. Are you telling me you fell it is fair to reopen her case and potentially deport her, because she sold pumpkin seeds without a street permit BEFORE she came to America? Especially since the courts were aware of that before saying she could stay? Show us what sort of a person you are and tell us if you think this seems right.

Deport criminals by all means, but you have to have a little humanity, or your nation as a whole is lost.

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There is no doubt that there are plenty of illegals who are need of deportation, but saying that all illegal immigrants should be removed is a costly and futile stretch.

 

Many people enter the US legally and due to circumstances their status changes.  People marry a US citizen, enter on the appropriate visa and the US citizen dies.   They are then here on a invalid visa.   They may have a job; they may have a child who is a US citizen.   Should they be deported?  

 

There are people who are in the process of attempting to adjust their status who are being deported.  

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2 minutes ago, Scott said:

People marry a US citizen, enter on the appropriate visa and the US citizen dies.   They are then here on a invalid visa.   They may have a job; they may have a child who is a US citizen.   Should they be deported?  

Yes, they should. 

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2 minutes ago, Usernames said:

Yes, they should. 

The child, who now has one parent, cannot be deported.   You want to have the US government pay for the cost and maintenance of the child in foster care (about $350,000 per year) until he/she is 18?

 

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Good to hear! In 6 months everything Obama did in office should be reversed. He probably wishes now he went to Congress to enact laws and not his executive orders.Obama said he would fundamentally change things in America now President Trump will fundamentally Make America Great Again by cancelling all his orders. Stock Market hit new highs yesterday. Thank you President Trump.

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Last week, the German authorities has deported a Nepalese family back to Nepal, including a daughter who was yanked out from her classroom and came to Germany like 12 years ago and since than their asylum requests were denied over and over again, so if the holier than thou Ms. Markel can do that, Trump sure can too....

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15 minutes ago, ezzra said:

Last week, the German authorities has deported a Nepalese family back to Nepal, including a daughter who was yanked out from her classroom and came to Germany like 12 years ago and since than their asylum requests were denied over and over again, so if the holier than thou Ms. Markel can do that, Trump sure can too....

I don't think too many are going to argue that it is well within the authority of the gov't to deport illegal aliens.   People who have applied for asylum and it's been denied, generally should be removed.  

 

I believe Obama took some flak for deporting Cambodian youth who were involved in gangs/criminal activities and had never bothered to get US citizenship.   Some of those youth didn't speak Khmer (or not well) and couldn't read or write the language, but they were deported.

 

It's not a matter of should/shouldn't people be sent packing.   It's under what conditions and what is the priority in doing so.  

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34 minutes ago, tomwct said:

Good to hear! In 6 months everything Obama did in office should be reversed. He probably wishes now he went to Congress to enact laws and not his executive orders.Obama said he would fundamentally change things in America now President Trump will fundamentally Make America Great Again by cancelling all his orders. Stock Market hit new highs yesterday. Thank you President Trump.

Affordable Health Care - rescinded.

Paris Agreement -  rescinded.

Bank regulation - rescinded.

Immigrant Amnesty - rescinded.

 

Yes, the trend to overturn the actions of his predecessor is undeniable but of course media and the Trump administration wouldn't bee seen dead making such a statement publicly regardless of how obvious it is.

 

If Executive Orders are so fragile, why are they so prominent in Trump's "law making"?

 

So, making America Great Again nothing but a subterfuge for rolling back anything and everything that Obama enacted and should take only 6 more months. What then? Rolling back other laws and edicts struck under previous Democrat administrations?

 

Meanwhile, the swamp remains undrained.

Edited by NanLaew
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Just now, Scott said:

I don't think too many are going to argue that it is well within the authority of the gov't to deport illegal aliens.   People who have applied for asylum and it's been denied, generally should be removed.  

 

I believe Obama took some flak for deporting Cambodian youth who were involved in gangs/criminal activities and had never bothered to get US citizenship.   Some of those youth didn't speak Khmer (or not well) and couldn't read or write the language, but they were deported.

 

It's not a matter of should/shouldn't people be sent packing.   It's under what conditions and what is the priority in doing so.  

Illegal immigrants bring their problems upon themselves the Cambodian one you mention would have spoke Khmer if had stayed in Cambodia

 

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41 minutes ago, darksidedog said:

Clearly the phrase "circumstances alter cases" is one you don't fully understand. You probably have little understanding and probably don't care about the UN Human Rights charters

There should be no(circumstances alter cases ) where people enter a country illegally. And the Un is a toothless tiger  and should stay out of making statements against countries protecting their borders

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3 minutes ago, lovelomsak said:

Illegal immigrants bring their problems upon themselves the Cambodian one you mention would have spoke Khmer if had stayed in Cambodia

 

Most of these youth did not come to the US of their own volition.   They came as infants with parents.  

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Just now, Scott said:

Most of these youth did not come to the US of their own volition.   They came as infants with parents.  

irresponsible parenting   Just what America needs people who will  risk their children 

Edited by lovelomsak
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Forgive me as as this is off topic.

while everyone is looking elsewhere, the GOP is shamelessly passing healthcare without a hearing:watch the video.

 

Senate Democrats (‪@SenateDems‬)

9/6/17, 12:20

 

"Will there be a hearing on the health care proposal?" Senator ‪@clairecmc‬ asked today in the Finance Cmte. You should watch: #Trumpcare pic.twitter.com/rmKB0rGnTM 

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8 minutes ago, darksidedog said:

I'd sure as hell rather have an irresponsible parent than one who is cruel, mean, heartless, uncaring, small minded, racist and bigoted.

What does that have to do with illegal immigrants a bit of a rant huh. Attack the messenger huh

Edited by lovelomsak
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19 minutes ago, Ace of Pop said:

Has anyone noticed the Republic of California Flags that seem to be popping up of late. American Civil War 2.will make a great movie..?emoji1157.png


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Interesting (short) bit of history behind that state flag.   Democrats, Liberals and Progressives led the charge against the southern "Rebel Flag".  I wonder if all those same Liberals in California realize the history behind the California state flag. 

 

Quote

During the Bear Flag Revolt, from June to July 1846, a small group of American settlers in California rebelled against the Mexican government and proclaimed California an independent republic. The republic was short-lived because soon after the Bear Flag was raised, the U.S. military began occupying California, which went on to join the union in 1850. The Bear Flag became the official state flag in 1911.

http://www.history.com/topics/bear-flag-revolt

Edited by 55Jay
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Bye bye illegals. Why don't you come back and wait in line like everyone else who in some cases have to wait years. What a slap in the face that must be to legal immigrants!

Edited by Rigby40
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2 hours ago, tonray said:

Trump is about to find out a very hidden secret about the US economy. It only can grow with immigration increases not decreases as our inherent population growth is not enough to sustain us.

If the millions of lazy lay abouts living off the tax payers would get to work rhen there would be lots of people to sustain you. Many immigrants come to America and just join the line of unemployed living off others taxes. What do these immigrants contribute?  They cost. How about all the ones that pay their way by selling drugs to your kids They destrroy.

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And the Appologist say America was Built by Imegrants. Yes,to Work and Build it.Not just turn up for Handouts..Texas took 800 Somalians ,gave them a place to live 900[emoji383]each... Only conditions they attende English Lesson and Seeked Work . Now they have wandered of to another State with better handouts. An insult to real Imegrants .


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2 hours ago, Scott said:

The child, who now has one parent, cannot be deported.   You want to have the US government pay for the cost and maintenance of the child in foster care (about $350,000 per year) until he/she is 18?

 

There is nothing to stop the child accompanying the parent back to the parent's country. Depending on the status of both parents, this also gets to the issue of birthright citizenship.  The children of parents who are not US citizens should not be given US citizenship.  Too many people from India and China are flying into the US just for that purpose.

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3 hours ago, Scott said:

The child, who now has one parent, cannot be deported.   You want to have the US government pay for the cost and maintenance of the child in foster care (about $350,000 per year) until he/she is 18?

 

Aside from the moral/legal point..... is $350,000k/year/child an accurate figure?  Seems unnaturally high.

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