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Originally Posted by DogJuiceMan
This has been going on for a while now. DACA doesn't protect you as much as we think it does. Only moves us to the lowest priority, but doesn't make us a non priority.
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Deferred Action is as its name suggests...a delayed action.
That "low-priority" that some mention can mean two things. Low priority with ICE or low priority in immigration court.
In the past, Deferred Action usually came with a Notice to Appear. DACA(also deferred action) simply did not.
This article speaks about those who are in removal proceedings and had their case removed from the immigration docket because they either had DACA pending or had it approved before a judge rendered a final decision.
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Originally Posted by Swim19
And this is why when those lawyers argued during the DACA Supreme Court case that it doesn't matter if DACA recipients lose their protections because no one is going to go after them, they were out right lying (and they knew it).
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In short...cool story bro. Only permanent residence or a status of sorts protects from removal.
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Originally Posted by ECW
Were all these administratively closed cases before they ever had DACA?
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Seems very likely. I think I read there was a memo concerning.
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Originally Posted by JayR9
lol so technically it's a formality if you keep appealing the process. During the time of the appeal I believe you can still apply for a EAD.
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That is all dependent on a judge. Judges usually gave continuances for the defendant to prepare their case for what reason may fit. However, continuances have been frowned upon by the Justice dept. Immigration Judges work for the Justice Dept. and have to abide by the decisions ultimately set by the acting AG. In short, it was a Sessions memo that made this ultimately possible.
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Originally Posted by IamAman
What does it mean that are giving deportation orders but not wanting to deport some people? Are they giving the orders to DACA recipients who didn't previously have an order so they can make them be deportable if the SCOTUS case removes DACA? I know those with an existing order *cough* are easy pickins' but I'm confused about what they're doing.
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The article is talking about individuals who were ultimately in removal proceedings, but were possibly saved by DACA. So in short, the process of an immigration judge issuing a decision was not finalized. DACA simply deferred the decision because the individual was not a priority on the court docket and had a means to seek some sort of relief(DACA). Now, apparently, government counsel can seek to re-open proceedings. Admin closed cases can be re-opened by either the government or defendant it is against.
"Deferred Action" was always available as a last resort from removal waaaay before DACA was available...and will like be so after.
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Originally Posted by beingoflight
Seems as if that they are reopening the cases, issuing deportation orders, not enforce them until getting caught and not allowing caught dreamers to even fight the case since the order has been placed.
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Technically, they are re-opening cases to finalize them. However, we don't know the reasoning from the article why the government counsel is doing so.
We do know next year IS an election year and that 350, 000 cases in court are technically attempts at removal. I assume it is reasonable to believe it is to inflate statistics?