Despite the Donald Trump rhetoric and shrill Republican backlash against President Obama's Executive Action on immigration, results from numerous polls conducted over the past few years continue to reveal public support for immigration. If anything, this should encourage the undocumented population not to abandon hopes of immigration reform. Here's a few statistics that are worth noting:
Although it may not have generated much attention in the media, a very important precedential decision was issued by the Board of Immigration Appeals last month. Lawyers who practice deportation and removal defense certainly know about, or certainly should. The decision is Matter of ORDAZ, 26 I & N Dec. 637 (BIA 2015) and it is especially relevant in these times given the seemingly endless delay of individuals having their day in immigration court. The decision concerns the "stop-time" rule and whether service of a Notice To Appear that does not result in commencement of removal proceedings effectively triggers the stop-time rule for purposes of cancellation of removal.
This is a very common question that both prospective as well as current clients ask us in anticipation of their N-400 naturalization interview. While it never hurts to bring the tax returns, the issue is whether an officer will expect that they be furnished during the course of the examination. In some cases, an officer will ask to see them and in other cases, not always. If one has always filed taxes and complied with the IRS, then there should be little cause for concern. On the other hand, if one has not filed taxes when required to, or if there are inconsistencies on the returns, the application for naturalization may be jeopardized.
Few people may be aware that the much-vilified Secure Communities Program has actually been discontinued and replaced by a purportedly more focused Priority Enforcement Program, or "PEP." The death knell of Secure Communities was actually heard in November of 2014 when DHS Secretary Jeh Johnson released a memo about it, but only recently have ICE officers received training in the implementation and application of PEP.