Priority #2 of immigration reform bill latest news give 2nd tier for enforcement of deportations

immigration reform bill latest newsThe immigration reform bill latest news is very good news for people who are here in the U.S. illegally. There is an expanded DACA, a new DAPA and a completely new memo on prosecutorial discretion and when to exercise the authority to put someone into removal proceedings and to try to deport them.

The new memo, explains Brian D. Lerner based upon the immigration reform bill latest news is divided into priorities. Basically priority 1 is who gets put into removal proceedings and who is targeted for deportation. As you would expect, claims Brian D. Lerner, it would be those with various kinds of crimes and those who have committed aggravated felonies.

However, there are other priorities in the immigration reform bill latest news. Priority 2 consists of (misdemeanors and new immigration violators). The immigration reform bill latest news states that aliens described in this priority , who are also not described in Priority 1, and Brian D. Lerner states that this represents the second-highest priority for apprehension and removal. Note it is the 2nd highest which means that it will be easier to get a Prosecutorial Discretion request granted.

The immigration reform bill latest news states on priority 2 that resources should be dedicated

accordingly to the removal of the following:

(a) aliens convicted of three or more misdemeanor offenses, other than minor traffic offenses or state or local offenses for which an essential element is the alien’s immigration status, provided the offenses arise out of three separate incidents. Brian Lerner states that this element seems to be met whether it is significant or insignificant misdemeanor offenses (unless of course we are talking only about traffic offenses).

The immigration reform latest news lists the second subcategory under Priority 2 as follows:  (b) aliens convicted of a “significant misdemeanor,” which for this purpose

is an offense of domestic violence ; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or  trafficking; or driving under the influence; or if not an offense listed above, one for which the individual was sentenced to time in custody of 90 days or more (the sentence must involve time to be served in custody, and does not include a suspended sentence). Thus, the Law Offices of Brian D. Lerner states that assuming the particular situation does not fall under subcategory(a), that only a single crime will permit satisfying the requirement of this section under Priority 2.

immigration reform usa 2014 newsThe immigration reform latest news for the differing priorities lists the third subcategory as follows:  (c) aliens apprehended anywhere in the United States after unlawfully entering or reentering the United States and who cannot establish to the satisfaction of an immigration officer that they have been physically  present in the United States continuously since January 1, 2014. Brian D. Lerner explains that this element is quite interesting in that it does not outright put somebody who entered illegally in this preference of priority 2 removals. Rather, it would seem based upon the language of the immigration reform latest news that if you can properly show you have been in the U.S. since January 1, 2014, that you will not fall under this section.  While it might not be clear, the immigration reform latest news does seem to imply that if you re-entered illegally after a deportation order that it could be argued you do not fall under this subsection.

The immigration reform latest news gives the last element of what makes Priority 2 of  enforcement as follows: (d) aliens who, in the judgment of an ICE Field Office Director, USCIS

District Director, or USCIS Service Center Director, have significantly abused the visa or visa waiver programs. Brian Lerner states that this element both gives more room to argue that prosecutorial discretion should be mandated to not deport these people, but on the other side, it does give a significant amount of discretion to the immigration officer to put the person into deportation proceedings.

immigration reform updateThe immigration reform latest news states that these aliens listed in Priority 2 should be removed unless they qualify for asylum or another form of relief under our laws or, unless, in the judgment of an ICE Field Office Director, CBP Sector Chief, CBP Director of Field Operations, USCIS District Director, or users Service Center Director, there are factors indicating the alien is not a threat to national  security, border security, or public safety, and should not therefore be an enforcement priority. Therefore, the immigration reform latest news shows that there is certain room in Priority 2 to argue there should not be deportation.

About Author

Brian Lerner

Many years ago, Brian D. Lerner has passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. He can handle the most difficult of immigration cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. He received his B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. He graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree.

Mr. Lerner is admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 6th, 5th, 4th, 3rd, 2nd and 1st Circuits. This means that he can prepare and file all Circuit Court of Appeals and U.S. Supreme Court cases.
As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs.

Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.

Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

Mr. Lerner’s clients are from all over the United States and many countries around the world. Immigration Law is Federal Law. Therefore, a petition or application would be prepared the same in Texas, Florida, or any other State as it would in California. It is more important for you to make sure that you have an expert attorney in Immigration Law prepare your case, rather than a lawyer who happens to be local. There is too much at stake to just give your case to anyone.

Mr. Lerner will fight for you and your family. Since he is married to an immigrant himself, he is committed to helping people from all around the world to come to the United States to realize their dream.