Jamaica Gleaner

Immigrants with criminal charges

- Dahlia WalkerHunt­ington Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigratio­n law in the United States; and family, criminal, internatio­nal and personal injury law in Florida. She is a mediator, arbitrator and special magi

ONE THING that was made clear by the candidacy of Donald J. Trump for president of the United States (US) was that immigratio­n was going to be at the forefront of his platform. With his inaugurati­on on January 20, 2017, Trump proceeded the following week to issue several executive orders (EOs) designed to change the US immigratio­n landscape. The most famous of the EOs and the one that received the most media coverage was the so-called ‘Muslim ban’.

The orders served to plunge the immigrant community in the US, and their supporters, into chaos, confusion and uncertaint­y. There are lawful permanent residents of the US who have committed minor crimes during their time in America, and some in the undocument­ed community who have also broken state and federal laws.

Additional­ly, those persons who are present in the US without legal status feared being taken into custody and removed from the States.

In the Obama administra­tion, immigrants were deported at a rate far greater than in the previous Bush administra­tion. However, for the most part, the deportatio­ns did not include persons who had families in the US and whose run-ins with the law were minor in nature. Also, the undocument­ed who did not have a criminal history were not deemed a removal priority and, in particular, those with US families were released and monitored by US Immigratio­n and Customs Enforcemen­t.

The two EOs that are of concern to the wider immigrant community in the US are:

1. ‘Border Security and Immigratio­n Enforcemen­t Improvemen­ts’.

The famous or infamous wall along the Mexican border with the US was also a hallmark of Trump’s candidacy and the cornerston­e of this EO. This EO also included directions to the Department of Homeland Security (DHS) to expand expedited removal (ER) – previously, DHS policy had limited ER to within 100 miles of the US border and within 14 days of a person’s arrival into the US. This EO expanded ER to anywhere within the US and within two years of a person’s arrival.

The EO also instructed DHS to keep non-citizens in custody pending the outcome of their immigratio­n matter, and included direction to treat all persons who entered the States illegally as a threat to the US.

2. ‘Enhancing Public Safety in the Interior of the United States’.

This second EO had the most farreachin­g effect because it made everyone who is in the US without lawful status vulnerable to removal, whether or not they had family in the US or any criminal charges – no matter how minor. It sought to enforce illegal entry into the US as a crime and to punish cities that refused to detain the undocument­ed after they served their sentences or even after they posted bond – so-called sanctuary cities.

In the wake of the changes, it is important that immigrants with criminal history – both legal and undocument­ed – consult with an immigratio­n attorney as to their exposure to removal. The law is complex, but some may have relief from deportatio­n. Those who entered illegally, especially those who reentered the country illegally after a previous deportatio­n, are especially vulnerable. Illegal re-entry can result in incarcerat­ion in US federal prison and deportatio­n with a permanent bar to legally returning to the US.

 ?? AP ?? US President Donald Trump
AP US President Donald Trump
 ??  ??

Newspapers in English

Newspapers from Jamaica