The Wall Street Journal reports that John Morton, director of U.S. Custom and Immigration Enforcement, has set forth the following guidelines for consideration as to whether an individual qualifies for consideration under the Obama administration's new deportation policy.
Immigration officials should consider such factors as:
- the personís length of presence in the United States;
- the circumstances of the personís arrival in the United States, particularly if the alien came to the United States as a young child;
- the personís pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;
- whether the person, or the personís immediate relative, has served in the U.S. military, reserves, or national guard;
- the personís criminal history, including arrests, prior convictions, or outstanding arrest warrants;
- the personís ties and contributions to the community, including family relationships;
- the personís age, with particular consideration given to minors and the elderly;
- whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
- whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;
- whether the person or the personís spouse is pregnant or nursing.
The above list is not exhaustive and no one factor will ultimately determine whether an individual will qualify.
It will be interesting to see how many people actually benefit. I'm not holding my breath.
Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).