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Bloggings on Deportation and Removal

by Matthew Kolken

AILA ALERT: DREAMers NOT currently in Deportation Proceedings should NOT apply affirmatively for Deferred Action

Thankfully, the good people at AILA are alerting DREAMers that are not currently in removal (deportation) proceedings to hold off on registering under the new deferred action program

This is a smart and cautious move.  At this time we have no idea how the administration will implement the new policy memorandum.  If past implementation of the Morton memo is any indication of future results, very few people will benefit from deferred action.

If you are currently in proceedings there is nothing to lose by requesting deferred action, as it will potentially stave off removal.

What concerns me the most is that the announced policy in effect creates a database of children that do not have valid immigration status.  There is no way of knowing how this administration, or future administrations will utilize this information should deferred action be denied.  A conceivable result to registration is the immediate institution of removal proceedings, which will stop time for cancellation of removal eligibility.  Moreover, there are no guarantees that should deferred action be granted it will ultimately be extended at the end of the two-year period.  

Needless to say, I have a really bad feeling about this, as I simply do not trust this President.

I REALLY hope I'm wrong.

Prove me wrong Mr. President.

About The Author

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).

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.