Father of 2 USC children, visa overstayer with clean-ish record gets picked up by ICE

Only one dismissed "self defense" case

Damn

ICE really going after anyone who don't have status

This sucks. I wonder why he did not fix his status. He came to the US legally via visa and married to a US citizen with US citizen kids. He could have fixed his status quickly without even having to leave the Country.

If people are being arrested for minor offenses even if they were dismissed I would be really cautious. This includes DACA dreamers who had a prior DUI expunged.

Once you overstay you become blocked by the legal presence requirement and if he leaves to Mexico he is probably facing a 10 year bar.

Not true, this only applies if you overstay your Visa and leave the country. But if you overstay your visa and you remain in the U.S., these bars do not apply as long as you are adjusting your status through marriage.

You can apply for a green card after overstaying your visa if you marry a U.S. citizen, provided that all necessary forms are filed correctly and that your marriage is genuine.

I have a dismissed misdemeanor Disorderly Conduct before DACA

Since DACA, nothing

Oh you're def. on the priority list now, my guy.

We're just getting started. 1 week in!!!

From watching the video you shared, it seems like that's how ICE got to him. Apparently he was involved in a dismissed self-defense case that was not a felony. It's important to note that a dismissal does NOT erase the offense from your criminal record, but it does change your record to show that the conviction was dismissed.

This video does not explained if he expunged his records. "Expunged" is not exactly the same as "dismissed" in legal terms. While a dismissal means a case is closed with no finding of guilt, an expungement goes further by essentially erasing a criminal record from public view, making it appear as if the crime never happened, so it won't show up on a background check. Expungement is a more complete removal of a criminal record than a dismissal.

Although expunged records are removed from public records and sealed records are confidential, they usually don't show up on background checks.

However, there are some exceptions.

Expunged records

Public record: Expunged records are removed from public records.

Fingerprinting: Expunged records may show up on fingerprinting background checks because they are run through a federal database.

Employers: Most employers use name-based background checks and won't be able to find expunged records.

Sealed records

Background checks: Sealed records usually don't show up on background checks, unless the requester is law enforcement.

Level 2 background checks: Sealed records may be visible for certain jobs that require a higher level of scrutiny, like federal positions.

Law enforcement: Sealed records may show up on background checks for law enforcement.

Gun licenses: Sealed records may show up on background checks for gun licenses.

If you had your case dismissed and expunged and sealed your records then you are fine, but if you just had your case dismissed and you did not do an expungement to your records, there is a possibility that ICE can obtain your records if they wanted to.

This video is a good example that a dismissal, does not erase the offense from your criminal record.

Bad hombre.
Bye bye.

All this events of this past week make me want to throw up, I can’t begin to fathom the thousands of lives that are going to be shattered. More and more stories like these will start to come to light; long time residents, hard working, members of the community. Not the hardened criminals the GOP wants to paint all immigrants as. My heart is broken, and I can’t even look into the eyes of family members that voted for this.

I understand we are all upset at this considering is not the ideal situation we want to be in. But if we are being honest, this is the platform the GOP ran on, they were clear from the start and and on week one they were aggressive with their plans, constitutional or not, they kept their promises.

Right now we are suffering the consequences of the Democratic Party's inability to act. They are spineless and are getting outplayed on every issue at hand. The Democrats are now the Party of the LGBTQ. That's how everyone in the Country sees them as.

They have been way to focus on identity politics rather than solving issues at hand. They mishandled the border, DACA, the abortion issue, the list goes on.

They are weak party and have no leadership, and Obama and Biden have set them back for decades to come. They have lost 2 important races, and 3 Supreme Court seats, and it may take years for them to take back the Senate.