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Dear Readers:

After a lot of fanfare surrounding the release of the White House’s new policy on deportations, there was a great deal of hope that things had really changed and the Obama Administration was genuinely committed to at last addressing the shadow population in the US that lives here illegally. The policy, you may recall, would mandate that ICE focus its enforcement efforts on criminal aliens and that those who are low priority – students, the elderly, veterans, etc – would be taken out of proceedings and possibly even gain employment authorization. Not a broad legalization program with a path to citizenship, but a step away from the terrible situation most of those here without authorization face.

But there is reason to be concerned that the announcements are more for show than represent a real commitment to change. The White House reelection efforts are in BIG trouble and approval ratings in the Latino community are sinking like a rock. So the announcement seems like it is probably politically motivated. But the political ineptness of the Administration is on show again as now many are saying that this new policy is just an attempt to fool Latinos in to thinking the Administration actually cares about this problem. They are instead looking at the actions of ICE and the words now coming from government officials and logically concluding that nothing has changed.

For one, deportations of people clearly covered under the memo are still happening. For example, see this story of the removal of a teacher and cancer survivor with an American wife and child - http://www.chron.com/default/article/Despite-policy-Friendswood-teacher-deported-2143472.php . Stories like this are still popping up around the country. And DHS is now saying that nothing has really changed – that it still intends to deport as many people as ever - http://www.citizenorange.com/orange/2011/08/well-so-much-for-relief-obama.html . I’ve also received reports that local ICE officials are saying that the policy is a “joke” and there are really no consequences that will be attached to carrying on with the status quo.

The performance of the White House on immigration issues has been truly disappointing for pro-immigration advocates who were promised action in the first year and have seen policies that have brought us no closer to solving the nation’s immigration problems. The President has a year to prove himself and whining about how he would solve problems were it not for an uncooperative Congress while simultaneously carrying out the most severe enforcement policy of any White House in recent times is not going to lead to reelection.

Perhaps I can make a few suggestions? How about suspending deportations immediately for all individuals without criminal records rather than waiting on DHS to review all 300,000 cases? How about making clear that employment authorization should be provided to all such individuals rather than having a vague “case by case” review that invites arbitrariness and an abuse of discretion? And then allow people to turn themselves in to ICE in order to be covered under the program so that we can finally get millions of productive people out of the shadows.

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Readers are reminded that they are welcome to contact my law office if they would like to schedule a telephone or in person consultation with me or one of my colleagues. If you are interested, please call my office at 901-682-6455.

Regards,

Greg Siskind