Obama Administration Proposes Compassionate Immigration Policy and Family Unity

January 6, 2012

The Obama Administration has introduced another compassionate proposal to allow undocumented aliens with certain immediate relatives in the U.S. to file a provisional unlawful presence waiver and await adjudication while remaining in the U.S. The new policy will apply only to undocumented aliens who are subject to the 3- and 10-year bars for unlawful presence and would not apply to undocumented aliens who are inadmissible because they have a criminal record.

The Los Angeles Times reports:
Under the new rule, which does not require congressional approval, immigrants would be allowed to stay in the U.S. and apply for a waiver, which can be granted if deporting an immigrant would cause undue hardship to his or her U.S. family. Once waivers are granted, immigrants may apply for green cards. They would still have to leave the U.S. to make those applications, but because they would have hardship waivers in hand, they would be very likely to gain readmission to the country.

About 23,000 immigrants annually use the existing system. Many travel to Ciudad Juarez just over the border from El Paso — and one of Mexico's most dangerous cities — to file their applications and often are stuck there for extended periods. Administration officials expect many more people to apply for waivers once such trips are unnecessary.
The DHS proposal was announced yesterday and will be published in the Federal Register on January 9th for a comment period.

The proposed new rule would impact an estimated 100,000 or more families.

The current bureaucratic process is lengthy because the paperwork has to move between the State Department, USCIS and the applicant. That lengthy process has resulted in tragedy for American families.

The only U.S. consulate in Mexico that handles immigration visas is in Ciudad Juárez, a dangerous city near El Paso, Texas.  It has been named the "murder capital of the Americas" because murders have been upwards of 3,000 a year. It is home to Mexico's dangerous drug cartels and is said to be one of the most lawless cities in the world akin to a war zone. So it is ironic that the same State Department that warns travelers not to travel to the city requires Mexican immediate relatives to process visas at the consulate there.

The State Department has this travel warning on its website:
"Ciudad Juarez and Chihuahua: The situation in the state of Chihuahua, specifically Ciudad Juarez, is of special concern. Ciudad Juarez has the highest murder rate in Mexico. Mexican authorities report that more than 3,100 people were killed in Ciudad Juarez in 2010. Three persons associated with the Consulate General were murdered in March, 2010. You should defer non-essential travel to Ciudad Juarez and to the Guadalupe Bravo area southeast of Ciudad Juarez. U.S. citizens should also defer non-essential travel to the northwest quarter of the state of Chihuahua. From the United States, these areas are often reached through the Columbus, NM, and Fabens and Fort Hancock, TX, ports-of-entry. In both areas, U.S. citizens have been victims of narcotics-related violence. There have been incidents of narcotics-related violence in the vicinity of the Copper Canyon in Chihuahua."
In March 2010 a pregnant U.S. consulate employee and her husband were murdered in the city while their toddler sat unharmed in a car seat. The members of the drug cartel also murdered another consulate employees and wounded two of his children.

Visa applicants and their U.S. citizen relatives also have been murdered in the lawless city. One victim was 21-year-old Jake Marlowe Reyes-Neal, a U.S. citizen who was shot over 80 times with an automatic weapon in his own home. He was in Ciudad Juarez to protect his Mexican-born wife, Tania who was denied U.S. status.

Tania's Mexican parents brought her to Colorado when she was a child. She met Jake while attending high school and they eventually married and had a child. Reportedly, he was shot because he got in an argument with drug cartel thugs who tried to steal his truck.

The trip to get the visa waivers in Ciudad Juárez is not unlike Dorothy's trip to the Emerald City. The Obama Administration should be applauded for eliminating the dangers and proposing a compassionate waiver process.

Many have resisted following the immigration law requiring exit to be granted U.S. green cards because of the dangerous requirements and/or separation from family members. This proposal is expected to bring some undocumented aliens out of the shadows and into status.

The rule should apply to out-of-status aliens in the CNMI since the CNMI is under federal immigration law. Read more about the hardships associated with the current law at the Immigration Policy Center.


Anonymous said...

get it straight they must be eligible for an adjustment of status first.......you need to quit telling people who have nothing available and nothing pending that they have a hope whent there is none.......understand the facts before you give false hope......enough already it is a disservice to these poor folks..... now everyone on the island will be running around believing something that is not true......

Wendy Doromal said...

8:48 Please reread this entire post. This post merely states the facts. It also states that this waiver is for those who have an immediate relative spouse or child. You are insulting all of the foreign workers if you believe that they lack the comprehension to know what applies to them and what does not apply to them. This is no way "gives false hope." It merely informs people about a new proposed policy that applies exactly to those stated in the post -no more, no less.

Anonymous said...

Ya neh! Anon 8:48, don't ya understand english??hafa?

Anonymous said...

In USA humanity is full of shit.just false hope to use poor human being to build them nation,,,,all backward class job for poor aliens/out of status people they work for 3 or 4 us$ per hour or monthly 500 or 600SSS.most of americans/company taking advantage of....this is the reason of lots of people dont trust americans....happy 2012 USA grow up insted of war stuff it wont help you its makes u down....right human being always winning... amen.