I just received the following response to my open letter to Congressman Gutierrez, and have been asked to post it here.
This is very helpful. I was pushing back on the critics of President Obama and the GOP critics of the DREAM Act in Miami on the day of the Florida primary and I went too far. I think we have made great strides with prosecutorial discretion and getting deportation cases of DREAMers closed, but to say categorically that they have stopped is overstating the reality, which he accurately points out.
I did say that if people know of cases, they should call us and I mean that. We are already working on a ton of cases for people facing deportation and are having much more success now than we ever did. Take a look at the HuffPo piece I wrote on Martha's story in January (http://huff.to/wIR2GZ).
People with a long time here or who came as children or who have significant equities in the U.S. and no serious criminal background are getting relief more often, but many are falling through the cracks, so I apologize for overstating it and will watch out for that in the future.
In addition to this response, Congressman Gutierrez has encouraged people to contact his office if you receive an unfavorable response to a request for exercise of prosecutorial discretion.
Thank you Congressman for your response, and for championing fair and just immigration reform. Your hard work is noticed, and is very much appreciated.
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).