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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, July 23, 2015

Most Undocumented Immigrants Will Stay Under Obama’s New Policies, Report Says

New York Times
By  Julia Preston
July 23, 2015

Under new immigration enforcement programs the Obama administration is putting in place across the country, the vast majority of unauthorized immigrants — up to 87 percent — would not be the focus of deportation operations and would have “a degree of protection” to remain in the United States, according to a report published Thursday by the Migration Policy Institute, a nonpartisan research group in Washington.

The report found that about 13 percent of an estimated 11 million immigrants without papers, or about 1.4 million people, have criminal records or recently crossed the border illegally, making them priorities for deportation under guidelines the administration announced in November and put into effect July 1.

The new program is likely to result in a drop in overall deportations from inside the country by as much as 25,000 a year, the report finds, but an increase in deportations of immigrants who were convicted of serious crimes, pose national security threats or were caught crossing the border illegally.

The findings come as federal and local immigration enforcement policies are under intense scrutiny after the killing on July 1 of Kathryn Steinle, who was fatally shot on a pier in San Francisco by a Mexican immigrant with a long record of felony convictions and deportations. The immigrant, Juan Francisco Lopez-Sanchez, was released by the sheriff in San Francisco, a self-declared sanctuary city, without federal agents being notified.

Although the Migration Policy Institute is not an advocacy organization, its research has lent support to measures granting legal status to unauthorized immigrants. Its report is based on data from the Department of Homeland Security and the Census Bureau, among other sources.

Administration officials said they started the new programs to improve cooperation with the more than 300 cities like San Francisco that passed laws limiting cooperation with federal authorities, saying the authorities were sweeping up long-settled immigrants with no criminal records and families in this country. Homeland Security officials said they had shut down a previous program, known as Secure Communities, because federal courts ruled that its requests to local police departments to detain immigrants were unconstitutional.

Although its replacement, the Priority Enforcement Program, has been active for only a few weeks, Republican lawmakers have already said it is undermining agents’ ability to enforce immigration laws. The new programs “have turned the flight from enforcement into a headlong rush,” said Representative Robert W. Goodlatte, Republican of Virginia, the chairman of the House Judiciary Committee.

Republicans in the House and the Senate, as well as Senator Dianne Feinstein, a California Democrat, are working on bills to compel closer cooperation between federal and local authorities.

The Migration Policy Institute’s estimates may hearten immigrant advocates, who have pressed the administration to give some protection to unauthorized immigrants since legislation offering them legal status died in Congress last year.

The report focuses on programs that were part of a broad package President Obama announced in November. The most high-profile of those initiatives, which would have given deportation deferrals and work permits to as many as five million unauthorized immigrants, were challenged by 26 states and have been halted by federal courts.

But at the same time, Homeland Security Secretary Jeh Johnson issued new guidelines focusing enforcement agents on three deportation priorities, with the top one including national security threats, gang members, convicted felons and recent border crossers. The other priorities include repeat offenders with lesser crimes and people who entered the United States illegally or were ordered deported after Jan. 1, 2014.

Under the Priority Enforcement Program, federal agents will generally ask the police to notify them only if an immigrant fitting the new priorities was about to be released. In limited cases, agents can ask the police to detain an immigrant for 48 hours but only if they provide probable cause.

“The new priorities focus more precisely and narrowly on people convicted of crimes and public safety threats,” said Marc R. Rosenblum, the institute’s deputy director of the United States immigration policy program. If the new federal programs are carried out as planned, Mr. Rosenblum said, “immigrants who have long been living in the U.S. and are not committing crimes will receive a degree of protection and likely will not be facing deportation.”


According to the report’s estimates, those who would be priorities for enforcement agents include about 690,000 unauthorized immigrants who have been convicted of a felony or serious misdemeanor; about 640,000 who entered the country illegally since Jan. 1, 2014; and about 60,000 fugitives who failed to comply with a deportation order from an immigration court.

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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