02 May Long-Residing Immigrants being sent Into Court Proceedings by Trump Administration

By Atty. Crispin Caday Lozano

For years, immigration enforcement officials prioritized recent border-crossers over long-time residents with U.S.-born children, clean criminal records, or other evidence of roots in the United States. This was done by exercising “prosecutorial discretion” in deciding against whom to initiate deportation proceedings. The basic idea was that scarce law-enforcement resources shouldn’t be wasted tracking down people who weren’t a danger to the public.

That practice has radically changed under the Trump administration. Now, more cases are showing up in immigration court that involve longer-term residents of the United States rather than recent arrivals, according to an analysis of federal data by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

During March 2018, for example, court records show that only 10 percent of immigrants in court proceedings had just arrived in this country, while 43 percent had arrived two or more years ago. In contrast, the share of new cases involving individuals who had just arrived during December 2016—the last full month of the Obama administration—was 72 percent, while only six percent had been here at least two years.

This uptick is also prevalent among immigrants who have resided in the country for even longer periods of time. According to TRAC, 20 percent of all new cases filed in March 2018 represented immigrants that had lived in the United States for five years or more.

These figures illustrate the degree to which President Trump has broadened immigration-enforcement policies to the point of encompassing virtually any undocumented immigrant—as well as a great many Lawful Permanent Residents (LPRs) who have committed (or been charged) with only minor offenses.

It is an approach that fails to distinguish between dangerous criminals and undocumented workers. It alienates the immigrant community by rendering immigrants and their family members too frightened of the police to report crimes or identify witnesses. And it directly impacts the lives of children—both those who are undocumented immigrants and those who are native-born U.S. citizens—by placing their parents in deportation proceedings.

Note:   This is not a legal advice.

SUCCESS STORIES

1. On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their marital status but has no criminal records, has long residence and strong family ties in the U.S.
2. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa for our client who have been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
3. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
4. For the month ending March 31, 2018, we received approvals for four naturalization applications.
5. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
6. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse. The I-601 waiver was approved based on extreme hardship.
7. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.
8. For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
9. On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
10. On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
11. On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
12. On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
13. On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association.  He specializes in immigration law and personal injury.  For free consultation email or call (info@ccllaw.net / 1-877-456-9266)