It went largely unremarked, just another bland procedural decision from a government agency. But a quiet policy change at the United States Citizenship and Immigration Services last month is the next step toward a nationwide purge of non-citizens.
On June 28, USCIS announced that non-citizens who apply for a “benefit”–such as an extension or change of status, a green card, or citizenship—would be placed in deportation proceedings if that benefit is denied. For years, a criminal conviction has been required to be fast-tracked for deportation. Now, merely losing your petition for visa extension, being charged with a crime, or doing something DHS considers to be criminal (even if never arrested or charged) places you on the same fast-track.
Once in deportation proceedings, the non-citizen must prove she is eligible to stay in the United States. She will not be provided a lawyer; she may be detained, sometimes with no bond. There is no right to a speedy trial, nor trial by jury. Here are a few examples highlighting the full extent of the new rule.
Jack, a foreign student, files for an extension of his visa. He’s always been in status. He moves off campus, and properly files a change of address with USCIS (he even gets the receipt). Later, the agency sends a request for evidence to his old address anyway. Jack never receives it. USCIS denies the extension of status for failure to respond. Jack now faces deportation.
Maria is in the US on a fiancée visa and files for a green card. Her US citizen husband has a good job with health insurance. Before the green card interview, Maria is diagnosed with breast cancer. The officer finds out and denies Maria’s green card, saying she’s likely to become a public charge. Maria now faces deportation.
Sam is a software engineer. His employer sponsors him for a green card—but is then acquired by another firm. USCIS denies the petition, saying there is insufficient proof the new employer can continue the sponsorship in the shoes of the old employer. Sam now faces deportation.
Nancy is disabled and came to the US lawfully on a “medical visit” visa. Her doctors need her to stay for another 6 months of treatment. Once it finishes, she can return home, but leaving early will endanger her health. USCIS denies the extension request, saying doctors didn’t adequately explain the need for her to stay in lay terms. Nancy now faces deportation.
Jen was abused by her spouse and files for protection under the Violence Against Women Act (VAWA). She suffers from severe chronic depression, and misses the deadline for a request for evidence, asking for a doctor’s report detailing the abuse. As a result, her petition is denied. Jen now faces deportation.
It’s not always easy to stay in status. Life happens. Deporting everyone who fails to dot every “i” and cross every “t” is shelling a peanut with a sledgehammer. Under the new USCIS policy change, the United States’ already unforgiving system will become draconian.
While the USCIS has always had some authority to initiate deportation proceedings, the last policy guidance on deportation, issued in November 2011, centered on criminals, fraud, and other negative eligibility indicators. That guidance has been canned. This new policy greatly expands the categories of “enforcement priority” to most of the people trying to navigate a byzantine immigration system.
It is becoming harder and harder to comply with the immigration law. Asylum law is being gutted. Immigration judges are being robbed of the little independence they had, and pressured to order removals. Families have been ripped apart to “send a message” for the “crime” of exercising their human and legal right to seek asylum. There is now a task force dedicated to taking citizenship away from people. Millions of Muslims are now legally banned from entry. The list of countries designated for Temporary Protected Status continues to shrink, and the Dreamers who grew up in this country remain in limbo.
It’s no coincidence that brown and black people bear the brunt of these attacks. This is the result of years of nativist, protectionist rhetoric peddled by groups like the Federation for American Immigration Reform, the Center for Immigration Studies, and NumbersUSA. Their work hasn’t been cheap: hundreds of millions of dollars have been poured into this effort since the inception of FAIR in 1979. Born from white nationalism, such groups have beaten the drums of war against imaginary hordes of brown and black invaders for decades.
Immigration courts currently face a staggering backlog of over 700,000 cases, and the Trump administration has complained extensively about the bureaucracy required to deal with them. Paradoxically, USCIS will now pump in another stream of cases. This system is going to explode. When it does, the next step in the white nationalist agenda will be to replace it with a new version, stripped of the due process of law.
It really dread pon we ppl immigrants.
Believe me he’s going to win a next term cause the racist ppl a back him big time . You know how all the white ppl a call 911 fi black ppl ina a 2018
Even in the military or reserve they are discharging man and woman without giving them status that them promise them .
It really sad
The purge is happening because they are afraid they will be the minority. Das y when you see certain movies is a indicator of what’s to come or going to happen. Don’t sleep because these times are going to be trying.
This is f**k up! I’m in sympathy with all those who are in this problem. Hope works out for them. Well for more than one reasons he sure won’t be getting my vote .
The white people dem have dem plan.. Didn’t he called a lot of counties shit ole.. 1 of his son leave his wife n now dating 1 of the host on Fox news so let the that be a lesson learned
It’s a white man’s country, no matter how some people want to make it seem like something else.
Long time mi a tell ppl that those who migrate live worst lives than us here back in Jamaica. LOL at those yanks and yardies who claim life is better in the USA.
When you were in Jamaica – you didn’t know what RACISM meant. So why run to somewhere that you know is STINK wid it?
Sounds harsh but Granny seh if you waaan GOOD (i.e. $$$) yuh nose haffi run. Just a part of it, so stop di blood*** crying.
according to census, there are an estimated 325 million people in the US, of that population, around 80 million are immigrants of variable status, naturalized citizen, legal resident, undocumented, status in transition, study etc., and of all different races and creed, a recent research from this same white supremacist government reveals that even if there was a purge of the 11 million undocumented people, the modest estimate would be 20-35 trillion Us dollars, of course in ideology the INTENT is present and one should never underestimate the INTENT, but realistically or fiscally? the US treasury would collapse, everything thats currently unfolding is just meant as a deterent and discouragemnt of non white immigrants to settle in America by creating a hostile anti-immigrant environment.
according to census, there are an estimated 325 million people in the US, of that population, around 80 million are immigrants of variable status, naturalized citizen, legal resident, undocumented, status in transition, study etc., and of all different races and creed, a recent research from this same white supremacist government reveals that even if there was a purge of the 11 million undocumented people, the modest estimate would be 20-35 trillion Us dollars, of course in ideology the INTENT is present and one should never underestimate the INTENT, but realistically or fiscally? the US treasury would collapse, everything thats currently unfolding is just meant as a deterent and discouragemnt of non white immigrants to settle in America by creating hostile anti-immigrant environment.
….federal courts are overwhelmed, immigration courts are overwhelm, they’re trying to utilize the US military facilities, courts etc., and there are already dissent, to bypass the judicial system to mass deport requires legislation from congress and the same white supremacist congress wouldn’t even vote on their own draconian immigration bill introduced in the house of reps 2 weeks ago, too costly to enforce, again, never underestimate the white supremacist INTENT/IDEOLOGY, but with all the scrutiny controversy etc. in the immediate they can do current enforcement of the above mentioned, purging the military of non citizens, revoking citizenship citing fraud etc. which is not unique to immigration.
Yall love style yankees lol go back a unno good good country