Not a week goes by that our office receives inquiries as to whether a comprehensive immigration reform, or any type of immigration reform, is likely to happen soon. As immigration attorneys, we are hopeful that the government will come up with a workable solution for many concerned and hardworking aliens. But until such solution takes place, we are left to try to come up with immigration options within the existing myriad of complicated immigration laws.
Consider the following. Since the Obama Administration announced its detention reform initiative in 2009, the number of noncitizens DHS detains yearly has been on the rise by close to 25 percent. In the fiscal year 2012, the United States Department of Homeland Security (DHS) detained nearly 478,000 foreign nationals, the record high. The same year, DHS removed 419,000 foreign nationals from the United States. These foreign nationals were primarily from Mexico, Guatemala, Honduras, and El Salvador.
These numbers are discouraging. But there is hope. For individuals in removal proceedings before immigration judges, the odds of avoiding being sent to their countries of origin are better. In fact, the number of cases wherein DHS has been able to convince immigration judges that removal is necessary has been steadily decreasing. According to the Lexis Nexis Newsroom on immigration law, in the past, “the rate at which removal orders were granted in response to DHS requests had fluctuated between 70 and 80 percent. For example, five years ago deportation orders were issued for 3 out of every 4 cases (76.2 percent) to reach the Immigration Courts. During FY [fiscal year] 2011 that rate had fallen to 70.2 percent; by FY 2012 it had slipped to fewer than 2 out of 3 (62.6 percent). Last year court records indicated a 52.9 percent success rate, and during the first four months of the current fiscal year 2014 (October 2013 – January 2014) it was down to only 50.3 percent.”
Why is this important? It is important because often foreign nationals have more options available to them in removal proceedings than they would otherwise, especially if they have been in the United States for a long period of time, have U.S. citizen or lawful permanent resident family members, and have no criminal record. Yet, we still encounter cases where foreign individuals gave up and opted against fighting their removal cases in favor of returning to their countries. These individuals frequently were misinformed and/or feared prolonged detention with DHS.
As such, even in the absence of a sweeping immigration reform, it is more crucial than ever that foreign nationals and their family seek professional legal advice before they make any life-altering decisions like departing the United States instead of fighting one’s case in removal proceedings. Many feel hesitant to hire an immigration attorney, because attorneys can be expensive. However, experienced and knowledgeable attorneys can often suggest and devise strategies where previously unavailable benefits, like obtaining employment authorization, social security numbers, or travel documents, are now within the realm of possibility. Rather than spending money on meaningless trinkets or clothes, investing in one’s immigration future is a much better way to go.
At Wilner and O’Reilly, we have a dedicated group of experienced attorneys, who are committed to making people’s immigration dreams the reality. Our offices are located in Orange, Riverside, Bakersfield, Sacramento, and Salt Lake City. Please call for a free consultation if you have any questions regarding your immigration options in the United States. If we can help, we will be more than happy to do so.
