Sunday, June 17, 2012

Last Week.

Those of you are familiar with my vocation know what I do for a living. Those select few I talk with off line know the battles I go through every week. I am modest by nature and try to keep all but abstract discussions of the law on this site.

I want to state again that my employer is the American people not the President be he Obama, Bush or Beamish. I am tasked with upholding a set of laws. I work with attorneys and the general public. My reputation for fairness and dedication to the public has been well doccumented.

Lets point out that even if I agreed with Obama in aspects that impact my job I still live in the USA with an economy that is a wreck. Plenty of good people can't find work while our clueless leader thinks the private sector is doing well. Obama must be having flashbacks from the Alice and Wonderland Party if he can't see the mess.

At mid day on Friday Obama did made an earth shattering announcement . We will break this into two parts.

A) He announced he was going to suspend immigration on a certain class
B) He created a new set of benefits for this class

A) Plenty of people have fought for humane treatment in the system. The previous system was numbers driven. The problem was we were sending the wrong people before Immigration Judges. This was the worst example of careerism I have encountered. Many people including myself fought for sanity and a balanced system. We want to send the right people to the judges. Now a balanced system of the whole case gets discussed. 58 year old from China two USC kids one peddling arrest. The next agency will almost certainly pass and get a termination of proceedings and get this person legal status. Next case Honduran female married to a USC a conviction of drug dealing. They want this person out yesterday and we should toss them out.

The system has focused on criminals and does not play games. The person is pushed to the front of the line
and whatever resources are needed are provided. In this aspect the current plan makes sense. Actual deportation cases take decades. People with serious criminal convictions get moved out quicker because they have fewer appeal rights.

One thing the government is really good with when they identify a dangerous criminal they really take no chances. We had one the other day for a very serious crime commited abroad. I was handling the matter with our specialist when the other agency got accidentally alerted. In no time armed guards were present
and a team of attorneys reviewed the case from multiple angles. Public safety is and always should be job one. If a dangerous suspect walks into a Federal Office it is far safer to grab them on our turf than outside.

Basically Obama said we are not going to deport people who almost never get deported anyway. Actual deportations take about a decade between appeals venue shopping . The most common outcome is witholding of removal.  Basically Obama stated what was going on for the last two years and made it into a cheap campaign point. Where was he when the fights for sanity were taking place golfing?

B) Creation of a new class of people for an immigration benefit employment cards

This is done through congress and crafting the correct sections of law. On this element the President appears to have overstepped his authority.

Laws are not done via touchy feely stories. Left out in this discussion is the rights of those who played by the rules and adding 400,000 people looking for jobs that do not exist.


Always On Watch said...

B) Creation of a new class of people for an immigration benefit employment cards

And what other benefits are coming down the line?

beakerkin said...

I had discussions about the legality of issuance of EAD cards for a whole new class. The methodology is basically an end around of the law by trating the applicants as if they were given deffered action. This is a lousy precedent.

I am not bothered by this but all the cases with DOMA have been held pending a court challenge. If the Court rules as expected you can expect the changes to be rapid. In my case Gay marriage would make my job easier. Unfortunately, the DOMA
was passed by Congress and this will
likely be overturned in court.