DACA Deportation Cases Being Reopened

DACA stands for Deferred Action for Childhood Arrivals. What this means is the government will “defer action” against you as an immigrant who arrived in the US as a child without a legal status. However, the Trump Administration is NOT deferring the action of deportation against certain individuals. ICE is now opening previously closed deportation cases. The Department of Justice is REQUIRING immigration judges to re-open cases. Why? When did this start? Who can it affect? What can you do to protect yourself?

Transcript (Transcripción):

Andres Mejer :Number two, Trump is reopening immigration cases that are being closed for people who have DACA. I know it’s a huge surprise, right? Trump wants to deport immigrants who have DACA. Wow. Like nobody knew that, right? You couldn’t figure that one out. But this is different because think about what is DACA, Deferred Action for Childhood Arrivals. Remove the childhood arrivals. It’s deferred action. What’s deferred action? It’s protection from deportation and employment authorization. If I had deferred action, how are you government trying to deport me? The whole point of it is that I don’t get deported as long as I meet the criteria. That’s the deal. That’s why I applied. So. Up until up until that September 2017, judges had discretion by judges on talking about immigration judges. They could decide when to close a case. They could decide when that when the case should be adjourned or not, unlike what’s happening today. So over the course of the past decade, there being over 350000 cases that immigration judges in their discretion closed. They call it administrative closure. What is that? We’ve talked about in the past, but in simple words, it’s the judge who takes account, takes the case off of his calendar. Either of the two parties can request to put it back on the calendar. It’s not permanent closure. It’s not. You get to stay here forever. It’s not. You get it at a legal benefit. It’s just for reasons that the judge decides or that the parties agree to.

Andres Mejer :The case gets removed off the calendar. Now, since 2012, when Obama announced DACA, there have been cases that were closed because the immigrant had DACA, I’ve had them, almost any immigration attorney. It’s been around long enough, has them.

Andres Mejer :Now, what people don’t know is since October, November, the Trump administration has been filing to re calendar. Those cases closed because of DACA. We have one client told me that that was found himself in that situation, but not October, November. We’re talking about has been going on over a year. So he was accused of a crime. Well, let’s be honest. He was accused of five crimes. So he had up and he was pulled over a number of times. Possession in. He was arrested a number of times. He had a prior attorney. Prior attorney sucked. That’s the nicest way I could put it. You plea, which pled guilty to almost everything you could. Did absolutely nothing for him. Came to us when he was in ICE custody. So that meant that the governor was trying to deport him, even though he had DACA because of his arrests and of his convictions.

Andres Mejer :So we went in, we defended the existing cases. We reopened cases that he had pled guilty, found a way to do that. I discussed about this case in the past. What I want to elaborate. But the point is we made all of those charges go away, either outright dismissals or a municipal ordinance which is not considered a crime anywhere. It’s like a noise violation. I’m sorry I made too much noise when the police pulled me over. I was rude and obnoxious. Something along those lines. I’m exaggerating. I’m not talking about the specific details of this case because each case is a little bit unique. And there were multiple arrests in different cities for different occurrences. Now. So we beat his cases.

Andres Mejer :He had DACA. He kept DACA. The government tried to force him to continue his removal case just because just because he had arrest. Actually, the attorney for the girl.

Andres Mejer :Five arrests to the. The government’s attorney called trial attorneys, tells me good people don’t get arrested now. my point was, look, maybe you’re right. But what happens if, you know, he got pulled over because he was black? He got pulled over because he was Hispanic. Maybe he was discriminated against. He if he wasn’t convicted, how do you know he’s a bad person when he wasn’t convicted just because he was arrested? There’s lots of reasons why someone could be arrested. The judge believed my argument, the government did not. So the judge. We filed a motion to terminate proceedings and the judge approved it over the objection of ICE. You know, ICE’s attorney said this guy should have to file for his asylum, should go to trial,and, hey, if he wins, he gets permanent status. If he loses, he gets an order petition. But who cares? Because he has DACA. And my argument was, well, your honor, why should he be forced to do the expense of filing a petition, providing proofs and having to go to trial when he has DACA? if he wants to do it, he can. But why should he be forced to? The judge agreed and closed the case.

Andres Mejer :The government appealed our decision and the Board of Immigration Appeals disagreed because in between the attorney general made a decision that judges no longer have that authority. So the attorney general made that decision. The Board of Immigration Appeals said, hey, judge. Attorney general says you don’t have the authority to do this, so you can’t do it. They overturned it. So but the government didn’t stop there. They also tried to revoke his DACA. Now, they were ultimately successful in his DACA, because he was arrested again. So maybe he isn’t the best example. And the new charge? Well, that’s a big one. Possession with the intent to distribute. He gets convicted of that. Nobody can help him.

Andres Mejer :But he likely won’t be convicted for reasons I can’t discuss. Long and short of it is the moment that case goes away. And it will be going away in the next 30 days. We filed for his DACA. We renew his DACA, but he still is going to have a trial, even though he has DACA. It’s not right, but it’s just a it’s the situation that we find ourselves in. So Trump wants to deport people who have DACA. I know that’s earth shattering news. Now, come June or by June, you know about the next six months. We should get a decision from the Supreme Court about what DACA is going to stick around again. Do they have jurisdiction to review DACA? Yes or no?

Andres Mejer :If they have if they have authority, did what DACA, did would Trump do, was it wrong? If yes. DACA stays. If no? Trump could do what he wants. So three options and we’ll see where that goes. So stay tuned. Subscribe to our channel and the moment we know. We’ll let you know.