DEPORTATION--UNITED STATES---ending automatic deportation for people likely to be offered a pathway to U.S. citizenship

END DEPORTATION OF PERSONS
LIKELY TO QUALIFY FOR A PATHWAY TO CITIZENSHIP
UNDER IMMIGRATION REFORM

SYNOPSIS:

    Immigration reform in the United States
will probably create pathways to American citizenship
for many foreign nationals now settled in the USA.
Anticipating these changes of immigration law,
it would be possible for the U.S. government to suspend
all deportation actions for citizens of other countries
who will probably qualify for some pathway to citizenship
once new immigration laws become effective.

    Perhaps 90% of the 10 million foreign nationals
now settled in the USA without permission
will ultimately qualify for permanent resident status
and later American citizenship.
The other 10% will return to their countries of citizenship.

OUTLINE:

1. THE PRESIDENT COULD IMPLEMENT AN INTERIM POLICY
            FORESHADOWING THE LIKELY RESULTS
            OF IMMIGRATION REFORM.

2. LIKELY QUALIFICATIONS FOR EARNING U.S. CITIZENSHIP.

3. THE 10% WHO WILL BE REPATRIATED.

4. FOREIGN NATIONALS IN U.S. PRISONS FOR ORDINARY CRIMES.

5. FOREIGN NATIONALS COULD SERVE THEIR JAIL-TIME
            IN THEIR COUNTRIES OF ORIGIN.

6. WHAT ABOUT THE FAMILIES OF CONVICTED FOREIGN CRIMINALS?

7. EACH FAMILY-CONSTELLATION
            SHOULD BE CONSIDERED ON ITS OWN MERITS.

8. IMMIGRATION REFORM
            WILL HAVE AN IMPACT ON CRIME IN AMERICA.

9. LAW-ABIDING FOREIGN NATIONALS
            WILL HAVE THE BEST CHANCES
            OF EARNING AMERICAN CITIZENSHIP.

10. DEPORTATION OF DREAMers SUSPENDED IN JUNE 2012 .

RESULT:

    When you begin reading this essay, you might affirm either
that (1) all foreign nationals should return to their homelands
or (2) all foreign nationals should be allowed to stay in the USA.

    After reading this chapter, you might find yourself agreeing
that some should stay and some should go.
If so, you will want to consider the best methods
for separating the sheep from the goats.

    How important should continuing criminal behavior be
in deciding which foreign nationals should be removed
and which foreign nationals should be allowed to stay?

    Will DREAMers set the pattern for self-determination?
Some will register with the U.S. government.
Others will attempt to remain in the shadows.

END DEPORTATION OF PERSONS
LIKELY TO QUALIFY FOR A PATHWAY TO CITIZENSHIP
UNDER IMMIGRATION REFORM

by James Leonard Park

    Reforming the immigration laws of the United States of America
will probably be a long and complex political process.
It could take several years to make the major changes obviously needed.
And in the meantime, U.S. Immigration and Customs Enforcement (ICE)
has the legal authority to repatriate any citizen of another country
who is found anywhere inside the USA (or its territories)
if that foreign national does not have official permission to be here.

    If present practice continues
during the interim period of creating new immigration law,
then some people will be sent back to their homelands
who might have qualified to stay in America.

    After American immigration laws are reformed,
justice will be extended to people born in other lands
who entered the USA without permission (or were brought as children).
And from the perspective of the revised laws,
some people who were sent back to their homelands
will then be perceived as potential citizens
who should have been permitted to stay.

    In other words, it will be perceived that it was unjust to deport them,
even if the law at the time of their return to their homelands
assumed that deportation was the correct response
to the discovery of any foreign nationals
living anywhere in the USA without permission.

1. THE PRESIDENT COULD IMPLEMENT AN INTERIM POLICY
            FORESHADOWING THE LIKELY RESULTS
            OF IMMIGRATION REFORM.

    An executive order should be sufficient to establish a new policy
with regard to deportation of foreign nationals
whose only violation of law is being settled in the USA without permission.
The Morton Memo—linked from the end of this essay—
appeared one day after this chapter was first published on the Internet.

    If executive order does not seem to be the best way,
the Department of Homeland Security could use its discretion to prosecute
as a way to defer action for those foreign nationals
most likely to qualify for a pathway to American citizenship
under expected immigration reform.

    Registration without deportation could be part of such an interim policy.
The President could end automatic deportation immediately.
All foreign nationals settled in the USA without previous permission
would be required to register with the U.S. government,
but such registration would not trigger deportation proceedings.

    Those foreign nationals who know they have the best chance
of being offered pathways to American citizenship
will be the first to register themselves and their whole families.
And the public fact that they were not deported
should encourage other foreign nationals
voluntarily to come out of the shadows to register themselves.

    Registration with the United States Department of Homeland Security
would not guarantee a pathway to American citizenship.
A small percentage of foreign nationals who voluntarily register
will ultimately be required to return to their homelands.
But those who register voluntarily will have a better chance at citizenship
than those foreign nationals who decide to remain in the shadows.

    Along with the opening of registration,
the President could announce the most likely criteria
to be used for offering citizenship to foreign nationals.

    Here is another chapter suggesting some likely criteria:
Ideal Immigrants: Criteria for Selecting New Americans

2. LIKELY QUALIFICATIONS FOR EARNING U.S. CITIZENSHIP.

Eventually new criteria will be defined
for earning citizenship in the United States of America.
Here are twelve factors likely to be considered:

A. LEARN ENGLISH.

B. EARN A COLLEGE DEGREE.

C. BE EMPLOYED IN A LEGITIMATE OCCUPATION.

D. PAY ALL TAXES.

E. REGISTER WITH THE SELECTIVE SERVICE.

F. SERVE IN THE U.S. MILITARY.

G. REGISTER WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY.

H. LIST ALL RELATIVES WHO ARE U.S. CITIZENS.

I. DOCUMENT HOW LONG YOU HAVE LIVED IN THE USA.

J. APPLY FOR NATURALIZATION AS EARLY AS PERMITTED.

K. GET A DRIVER'S LICENSE.

L. FOLLOW ALL LAWS.

These are explored in another chapter:
"Earning American Citizenship: Be Above Average"

3. THE 10% WHO WILL BE REPATRIATED.

    Immigration reform will not offer blanket amnesty to all foreign nationals.
First, any such amnesty would be resisted by conservatives in Congress.
And second, it would not be good for America
to tolerate certain people in our population.

    (Here is the basic reason we should not declare blanket amnesty:
Allowing all citizens of other countries settled in the USA to remain
would strongly encourage more millions
to enter the United States without permission.)

    About 90% of the foreign nationals
already settled in the USA without permission
will probably be allowed to stay and to earn U.S. citizenship.
But the other 10% will return to their homelands.

    Once voluntary registration without deportation is announced,
those foreign nationals least likely to be offered pathways to U.S. citizenship
will not voluntarily register themselves.
They will do their best not to be noticed by any government agencies.

    The announced likely criteria for earning American citizenship
will name factors that exclude certain foreign nationals.
The most likely of these excluding factors will be criminal behavior.
(Here we mean all crimes other than violating immigration laws.)
Citizens and non-citizens are regularly arrested, tried, convicted, & imprisoned
for violating local, state, & federal laws.
When such violations are serious enough to warrant prison time,
then they will probably be serious enough crimes
to exclude the convicted criminals from U.S. citizenship.
Foreign criminals could be excluded from American citizenship
for crimes that usually lead to more than one year in prison.

4. FOREIGN NATIONALS IN U.S. PRISONS FOR ORDINARY CRIMES.

    One of the first things that happens after any arrest
is taking a photograph of the person arrested.
This is one step in fully identifying the alleged criminal.
Complete identification should always include country of citizenship.

    Eventually the USA will probably have a complete list of all residents.
Thus, the identity of arrested persons should be kept in a format
that will later be compatible with this future national directory.

    Whatever data-bases have already been created for arrested persons
should be consulted to see if this person has been arrested before.
Trials and convictions will also be included in the same data-bases.

    Whenever convicted criminals are identified as foreign nationals,
great care should be observed to make certain that these persons
are also registered with the U.S. Department of Homeland Security.

    Since persons who have violated local, state, or federal laws
(and who as a result have been sentenced to time in jail or prison)
are not likely to become eligible for American citizenship,
the U.S. Immigration and Customs Enforcement (ICE)
should be kept fully informed about each convicted foreign criminal.

    While any convicted criminals are serving their sentences
as imposed by the regular criminal-justice systems in the USA,
their citizenship should be carefully investigated and documented.

    There are about 100,000 inmates in state and federal prisons
who are foreign nationals living in the USA without permission.
This is about 5% of all prisoners in the United States
and less than 1% of all foreign nationals in the USA without permission.

    Instead of releasing foreign criminals back into the general population
after they have served their time in prison,
they should be handed over to ICE for possible deportation.

    If it seems likely that they will never become U.S. citizens,
no matter how liberal our immigration reforms,
then repatriation should follow any term of imprisonment in the USA.

    The federal prison system could require that all foreign inmates
be handed over to ICE for possible return to their countries of citizenship
when their sentences are completed.

    Many local and state prison systems will voluntarily cooperate
in collecting and verifying citizenship information for each inmate.
And federal law might be changed to require such cooperation
from all prisons that receive any form of federal assistance.
Also ICE might pay a per capita fee for each foreign inmate turned over.
This should cover additional costs to investigate and document
the citizenship-status of all inmates.

    Since these foreign prisoners are already in custody,
why not turn them over to ICE immediately?
Then, if possible, they might serve their prison-time in their homelands.

    In any case, they should never be released into the general population
without a ruling by an immigration judge permitting them to stay in the USA.

    Deportation proceedings should begin
while these foreign nationals are still in prison.
This will save all of the costs normally associated with
identifying and locating citizens of other countries
who are settled in the USA without permission.
Because they are already in safe custody,
there is no danger of them disappearing once again
as a response to starting the proceedings needed to deport them.

    And if their jail-time expires before their citizenship-status is verified,
they should be kept in some sort of custody or supervision
until their final destination has been decided.

    If we agree that foreign nationals
who were convicted of serious crimes while living in the USA
have no chance of being offered American citizenship,
then they should be returned to their homelands
(along with other members of their families when appropriate)
as soon as their jail-time is completed.

5. FOREIGN NATIONALS COULD SERVE THEIR JAIL-TIME
            IN THEIR COUNTRIES OF ORIGIN.

    If immigration reform in the United States
makes it clear that convicted criminals will never qualify for U.S. citizenship,
then it might be possible to deport foreign nationals
who have been convicted of crimes of the USA
to serve their sentences in the countries where they hold citizenship.

    Before any such deportation of a convicted criminal takes place,
we must be certain that the receiving country will put the criminal in prison
to serve a sentence of the same duration as would be imposed in the USA.
When we do not have such assurances from the country of origin,
then the foreign criminal will have to serve his or her prison-time in the USA.

    Individuals convicted of any crime in the USA
will have their identities carefully recorded by the criminal-justice system.
And if they are foreign nationals to be returned to their homelands,
their pictures and other identifying details will also be preserved
by the United States Department of Homeland Security,
just in case they attempt to re-enter the USA
after they are released from prison in their home countries.

6. WHAT ABOUT THE FAMILIES
            OF CONVICTED FOREIGN CRIMINALS?

    Whenever criminals are removed from the general population,
this has an impact on whatever families they have.
This applies both to families who are citizens of the USA
and to families that include some non-citizens.

    Usually the closest family members knew about the criminal activity.
And they might have tried to protect themselves
by avoiding involvement in the criminal behavior.
In some cases, family members reported the crimes.

    All such factors should be taken into account
in deciding what to do with the other family members
of foreign criminals who must now go to jail for ordinary crimes.

    If an immigration judge has determined that the foreign criminal
will be repatriated after the term in prison has been completed,
then careful planning can be made for other family members.
In some cases, it will be better for the family to return to their homeland
soon after the criminal has been arrested.

    Family unity should be honored above citizenship.
This will apply to families with both citizens of the USA and non-citizens.
It might be best for the whole nuclear family to be returned
to the country where most adults in the family hold citizenship
after the term of imprisonment of one family member.

    All minor children who are U.S. citizens
would have an automatic right to return to the USA
after they are old enough to live on their own.

    When it is known that the whole family will be affected
by any arrest, trial, & conviction for any violation of criminal law,
then other family members will exert pressure
on the person who is committing crimes.
Because the whole family might be deported
as a result of a criminal conviction of one member,
the law-abiding members of the family
might help to prevent the criminal behavior.

7. EACH FAMILY-CONSTELLATION
            SHOULD BE CONSIDERED ON ITS OWN MERITS.

    Each and every family member has a different history.
And decisions about one family member will affect the others.
Past immigration enforcement has sometimes blindly applied the law
—not taking the whole family into account.

    Many foreign nationals already settled in America
will probably be granted some right to remain in the USA.
This means that many members of families of convicted criminals
will be offered pathways to citizenship
even if some family members were repatriated
because of their criminal behavior.

    Some people who would normally have qualified for American citizenship
will be kept together with other family members
who are returned to their countries of citizenship.
Later they can apply to be admitted to the USA
under whatever new immigration policies are then in effect.

    Above all, decisions should be made by immigration judges
that will do the most good and the least harm to all family members.
Prison sentences must be served either in the USA or in some other country.
What would be best for all family members
both during and after the term in prison for the convicted criminal?

8. IMMIGRATION REFORM
            WILL HAVE AN IMPACT ON CRIME IN AMERICA.

    Immigration reform in the United States of America
will probably offer pathways for earning American citizenship
for many of the foreign nationals now settled in the USA.

    Some foreign nationals (eg those convinced of ordinary crimes)
will probably not be offered U.S. citizenship.
Immigration reform might also create other criteria
which will exclude would-be Americans from citizenship.
But criminal behavior (either in the home country or while living in the USA)
is a likely factor that will exclude someone from American citizenship.

    The first impact of any such new immigration policy
will be on the criminal behavior of foreign nationals settled in the USA.
Crimes serious enough to earn time in a U.S. prison
will not only put the foreign criminal into jail to serve that sentence,
but violating any local, state, or federal law (except immigration laws)
might exclude that person from any hope of becoming a U.S. citizen.

    Exceptions will always be possible for special circumstances.
But criminal behavior is likely to be the most serious reason
for denying any foreign national the privilege of becoming a U.S. citizen.

    Once such immigration reform comes into operation,
all foreign nationals already settled in the USA
who hope to qualify for American citizenship at some later time
will be strongly motivated to avoid criminal behavior.
They will know that crime will not only put them into prison,
but it will result in deportation either during the prison-sentence
or after the prison-sentence has been served in an American jail.

    In other words, the potential criminal who is also a foreign national
will know in advance the implications of any criminal behavior today:
Law enforcement will catch the criminal.
A fair trial will be conducted (or the prisoner can plead guilty).
If the arrested foreign national is convicted,
a prison-term will be served in the USA.
And in addition, that criminal conviction will probably lead to deportation.

    The foreign national will already be in custody for ordinary crimes.
And he or she will not be released into the general population
after the imposed sentence has been served.
Rather, the foreign criminal will be processed by ICE
for possible deportation after the sentence has been served.

    And careful records of the identity of each such deported criminal
will be maintained by the U.S. Department of Homeland Security
and by all the most relevant law-enforcement agencies.
This will prevent them from ever attempting to re-enter the USA.
And if they are ever discovered in the United States,
they will be immediately deported once again.

    When there are minor children involved,
they will also be re-settled in the country where the parents will be re-located.
Care and compassion should govern the methods for repatriating
all who must return to their countries of citizenship
under new immigration laws in the USA.

    The impact of this additional 'punishment'
of deporting convicted foreign criminals
might make the underground population of hidden foreign nationals
even more law-abiding than the average American citizen.

    Not only will foreign nationals settled in the USA without permission
seek to avoid notice by any agency of government,
but they might try even harder to avoid any behavior
that could result in a criminal conviction.

9. LAW-ABIDING FOREIGN NATIONALS
            WILL HAVE THE BEST CHANCES
            OF EARNING AMERICAN CITIZENSHIP.

    Of the millions of citizens of other countries already settled in the USA,
the vast majority are already following most laws.
They will not be arrested for any criminal behavior.
They will not go to jail for violating ordinary local, state, or federal laws.

    And if they fulfill the other criteria for citizenship
set forth in new immigration laws,
they will improve their chances of becoming American citizens.

    Ending automatic deportation of foreign nationals
might become a first step toward a new United States of America.

10. DEPORTATION OF DREAMers SUSPENDED IN JUNE 2012.

    On June 15, 2012, the U.S. Department of Homeland Security
announced "deferred action" for all foreign nationals
who would qualify for the DREAM act.
By administrative decision (in contrast to new legislation),
foreign nationals who were children when they were brought into the USA
(age 15 or below) were no longer subject to immediate deportation
if they were less than 31 years old on June 15, 2012.
They were not prosecuted for the immigration violations of their parents.
And, unless they were convicted of serious crimes,
they were given temporary authorization to work in the USA.
Such two-year authorizations were renewed on a case-by-case basis.

    This "deferred action for childhood arrivals" DACA was not amnesty.
And it did not automatically open a pathway to American citizenship.
Also, after the foreign nationals registered with the U.S. government,
the months under this new status did not count as months 'out of status'.

    Deciding not to prosecute DREAMers already settled in the USA
did not encourage additional unauthorized immigration,
because DACA required at least 5 years
of continuous presence in the USA up to and including June 15, 2012.

    At its peak, DACA registered about 800,000 foreign nationals.
This was something less than half of all who were eligible.

    Those who decide not to apply for DACA
might give us some foreshadowing of the proportion
of other foreign nationals settled in the USA without permission
who might voluntarily come forward to register themselves
if they were told in advance that such registration
would not automatically trigger deportation-proceedings.

    Under any system of voluntary registration,
the best candidates of U.S. citizenship will come forward
and those who have the most valid fears of being deported
will attempt to remain in the shadows.

    Find official current information about DACA here:
https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

RESULT:

    If you agree with the thinking of this chapter,
you now see that it would be possible
to invite all foreign nationals presently living in the USA
to register themselves with the U.S. government
—without deporting any of them.

    Having DACA for five years proves that registration was not used
as a method of identifying foreign nationals for deportation.
About half who were eligible came forward voluntarily
to identify themselves as young foreign nationals
brought into the USA when they were children.
About 800,000 registered with the Department of Homeland Security.

    These are the citizens of other countries least likely to be deported.
And under immigration reform, they will probably be offered
reasonable pathways to American citizenship.
This can set the pattern for other categories of foreign nationals:
Those most likely to be included in the American family
should not be deported while new immigration laws are being written.

Created June 16, 2011; Revised 6-17-2011; 6-23-2011; 9-22-2011; 9-23-2011; 9-28-2011; 10-13-2011;
3-24-2012; 6-19-2012; 1-24-2013; 7-9-2013; 7-29-2013; 8-3-2013;
8-13-2014; 10-27-2015; 3-30-2016; 10-29-2016; 12-22-2016; 4-8-2017; 9-28-2017; 5-20-2019; 11-19-2020;