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The immigration service is filing motions to dismiss...

The immigration service is filing motions to dismiss immigration court cases in record numbers. While it had been the policy of some immigration offices to request the closure of court cases, when there is a viable avenue for an individual to immigrate, this has not been the case in many cities around the country.For example, in Houston, Texas, it has always been the local immigration office policy to prosecute deportation cases, even where the individual could easily get a green card, for example, based on marriage to a USA citizen. Instead of saving time and the expense of a trial in deportation court, the local office always had the ability to close an approvable case and handle it informally at the local office. Unfortunately, in cities like Houston, the immigration service took the wasteful and unreasonable position of prosecuting everything, even where the result of the judge approving the green card was inevitable. In many cases, the government attorney would not even affirmatively prosecute, but would waste the time of the judge and money of the immigrant by showing up for trial and allowing the person to get the green card from the judge, anyway. The new nationwide policy of the immigration service is to close all court cases where it would be a waste of time and money to prosecute. The government should be commended for implementing this nationwide policy to save time and money and to free-up the courts for the prosecution of deportation cases where the immigrant has little or no defense.

4 Comments

I have not seen any comment by him, but that doesn't mean he hasn't commented. There are daily changes in interpretations of immigration laws and procedures, and the President would rarely comment, except on larger policy questions.

so the new policy goes into effect dismissing all cases that deem wasteful so how does the government decide which ones to dismiss?

The government reviews cases in each city and determines if the person has a pending application that would allow them to immigrate lawfully anyway, eg, they are married to a USA citizen, or they have an approved visa petition such as VAWA, I-140 with current quota, etc.

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