Deporting Dreamers Question
 

I am wondering, say people expire and they are encountered by ICE, CPB or whatever and they are detained.

Lawsuits will come shortly after I am sure claiming that the government is breaking its promise etc.. and that it is not in the best interest of the U.S etc... etc... there will be merit for the argument.


The following questions come to mind...


1. If such lawsuit is successful, would that affect all dreamers?


2. Would that grant such person some other EAD category?




I believe that those are valid questions.


I guess I am trying to picture a scenario in which we can remain without status indefinitely. There aren't many ways I can think of it happening.

Re: Deporting Dreamers Question
 

1. Yes, they will probably refer to that lawsuit for future cases.

2. If you have no criminal record and can show that you are not a security risk, you will probably get a PD (Prosecutorial Discretion). Your case will be terminated with the Immigration court and you will be "allowed to stay" but you will not get an EAD or any kind of documentation.

Re: Deporting Dreamers Question
 

i heard that they are starting to reopen these closed cases under this administration.

Re: Deporting Dreamers Question
 

If someone without status is detained...they are removed. Having a prior PRUCOL status would not change that effect despite arguments here to the contrary. When you encounter law enforcement charged with immigration law and you have no status, that is just how it will play out. Only way is if you have a permanent application on file would they release the individual.

The hypothetical lawsuit would not change anything UNLESS a federal judge makes that distinction within their jurisdiction. It might not apply nationwide, unless a judge makes that determination it could approach class action status nationwide.

On the merits of what is asked. A stay of deportation by a federal judge would be unprecedented. It would still have to go through immigration court where only individuals in removal proceedings would benefit if the time and judge are right.

Re: Deporting Dreamers Question
 

Despite arguments here to the contrary, not because an alien without documentation is detained means that the alien will be removed. Any alien residing in the United States for a period longer than 2 years has right to removal proceedings (exclusions apply). It all depends on the ICE agents and circumstances.

Aliens DO NOT need to have a permanent application on file in order to be released. Aliens under expired DACA and not a security risk will probably be taken into custody where they will be booked and released with ROR (release on your own recognizance) or a low bond with an NTA. Removal proceeding will be started and a court date will be set for the alien. On the day of the court date, the judge will read the reason why the alien is in removal and will ask for any defense. If there is no defense, or an agreement was not reached with ICE, most of the time immigration judges will give out a voluntary departure order and allow the alien 120 days to depart the US.

Re: Deporting Dreamers Question
 

I see, thanks for the clarification

Re: Deporting Dreamers Question
 

Federal courts normally will not try removal proceedings, instead they will hear the case, enter a decision and remand to the BIA for processing consistent with the ruling. Usually this revolves around case reopening and old 212(c) relief.

A federal court could strike down provisions of immigration laws for being unconstitutional but that'd be utterly unprecedented.

Imagine the 10 year ban being struck down on 5th and 8th amendment grounds?