Posted by: Floyd J Fernandez, J.D. | August 1, 2017

Fear and Need–July 30, 2017

During the past week or so, I have heard the following events in the news concerning the issue of Immigration in the United States:

1) The intention of the Department of Justice is likely not to defend the policy of Deferred Action for Childhood Arrivals (DACA) against a lawsuit by 10 states, led by Texas Attorney General Ken Paxton;

2) At the same time the Secretary of DHS, Gen. John Kelly, said that he personally supports the policy;

3) The House of Representatives finally approved the first funds toward construction of the network of walls, reinforced multi-layer fencing, and river levees tagged with the name ‘The Wall’;

4) The number of raids against people who have felony or major misdemeanor criminal records, or who have existing orders of deportation-removal, and their deportations, have risen more than 35% under President Trump, but so have deportations of long-time individual “undocumenteds” that are long-time residents with no significant criminal record or orders of removal (the latter group is still 3% of all removals, but is still on the rise);

5) And yet the number of actual deportations have actually fallen by almost 25% since the same time last year, which actually indicate that the number of attempted border crossings have drastically dropped, since the number of deportations, in the metrics used by ICE, include those who have been caught and removed at the border with Mexico;

6) The Acting Head of ICE, Thomas Homan, announced that he expects a new Executive Order from the head of DHS, that changes and expands the breadth of priorities justifying removal from the U.S.A on the part of undocumented immigrants in the U.S., and included an expansion in the array of possible persons subject to “expedited removal”, which is the device allowed to ICE personnel to remove individuals from the U.S.A without immigration judicial proceedings;

7) Senator Lindsey Graham turned, however, and introduced legislation that would establish and ensure legal status for DREAM immigrants–those who had come to the USA as children and consist the bulk of DACA recipients and applicants;

8) Legislation has been proposed that would allow E-1/E-2 treaty trader and investor applicants and visa holders the ability to self-petition after 5 years to obtain legal residence.

The indication is that what seems to be happening is almost driven by a rather crafty, crazy-as-a-fox manner.  So that I am beginning to believe this is the strategy employed by the President.  Therefore, what I think will wind up happening is that a new reform bill, or a series of reform bills, will result in a phase-out of the process of immigration being based upon family reunification and will shift to employer-sponsorship or a points-based criteria that will weigh economic benefit on the same basis as that of family relationships.

Now that Gen. Kelly is now White House Chief of Staff, the likelihood is that a much stronger sense of control will begin to occur over the cabinet.  Gen. Kelly will likely force Attorney General Sessions and DHS to come into agreement on a common policy.  Either a new policy that will protect DACA, but pass muster with the states and comply with the Administrative Procedure Act, which governs the imposing of regulations, or the congressional DREAM Act will be expedited, or there will be instruction to Sessions to defend DACA in the lawsuit by the 10 states.

There will be a “wall”, but the hysteria that rack and ruin will occur will continue.  And the losers will be the people, both immigrants and the population that wants justice and protection from criminal aliens.

 

–Consigiliere Pacifica–

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