Can Biden pass immigration reform? history says it will be tough
The immigration reform bill
One part of the order was a comprehensive memo by the Secretary of the Department of Homeland Security that changed,
Altered and made in some respects clearer the priorities for deporting people and/or putting people in deportation proceedings.
Brian D. Lerner, Immigration Attorney, states that the immigration reform bill that deals with priorities has three major parts.
Priority 1, second highest is Priority 2 and of course the third and least preference is Priority 3.
Therefore, states Brian Lerner, if you will be requesting prosecutorial discretion and you are under
Priority 3 of the immigration reform bill, you should have the highest chance of success.
The immigration reform bill ,states that aliens described in this priority, who are not also described in Priority 1 or 2,
represent the third and lowest priority for apprehension and removal.
Resources should be dedicated accordingly to aliens in this priority according to the immigration reform bill.
Unless they qualify for asylum
Or another form of relief under our laws or, unless, in the judgment of an immigration officer,
Unfortunately, it is this part of Priority 3 of the immigration reform bill that gives most concern.
It puts a great deal of discretion in the officer at the lowest levels the ability to basically believe that removing somebody is always an enforcement priority.
Brian Lerner states that it is this section that also is the most ambiguous and unclear.
There will be clarification as to this last part of Priority 3.
Brian D. Lerner explains in more detail the immigration reform bill and its reference to a ‘final order of removal’.
An order of removal made by the immigration judge at the conclusion of proceedings under section 240 of the Act shall become final:
(a) Upon dismissal of an appeal by the Board of Immigration Appeals;
(b) Upon waiver of appeal by the respondent
(c) Upon expiration of the time allotted for an appeal if the respondent does not file an appeal within that time;
(d) If certified to the Board or Attorney General, upon the date of the subsequent decision ordering removal;
(e) If an immigration judge orders an alien removed in the alien’s absence, immediately upon entry of such order; or
(f) If an immigration judge issues an alternate order of removal in connection with a grant of voluntary departure, upon overstay of the voluntary departure period, or upon the failure to post a required voluntary departure bond within 5 business days.
Brian Lerner states that if the respondent has filed a timely appeal with the Board, the order shall become final upon an order of removal by the Board or the Attorney General, or upon overstay of the voluntary departure period granted or reinstated by the Board or the Attorney General.
The immigration reform bill does give a lot of hope to the families and to foreign nationals here in the U.S. However, Brian Lerner states there are ambiguities in the Priorities memo and you should get an experienced attorney to help you.
