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ICE's new self-deport program

It’s no shock to anyone in our country that we have a problem with illegal immigration. What is shocking, however, is how our government, through a new ICE…

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It’s no shock to anyone in our country that we have a problem with illegal immigration. What is shocking, however, is how our government, through a new ICE program, is now proposing to handle it. A recent ICE notice reads as follows:

U.S. Immigration and Customs Enforcement (ICE) announced today the launch of a pilot program, Scheduled Departure, which will begin next week in five cities. The program allows fugitive aliens who have no criminal history and pose no threat to the community an opportunity to remain out of custody while they coordinate their removal with ICE.

The program complements ICE's Fugitive Operations Program which targets fugitive aliens for arrest and removal from the United States. ICE's fugitive operations teams give top priority to cases involving fugitive aliens who pose a threat to national security and community safety. There are 90 active fugitive operations teams, with 14 more scheduled to be deployed in the next two months. Fugitive operations teams will continue to carry out targeted enforcement operations throughout the country.

"This program addresses concerns raised by aliens, community groups, and immigration attorneys who say ICE unnecessarily disrupts families while enforcing the law," said Julie L. Myers, Homeland Security Assistant Secretary for ICE.

Initially, the Scheduled Departure Program will run from Aug. 5 to Aug. 22 and may be expanded. Participation in the program ends the risk of sudden arrest and detention for certain non-criminal fugitives. Those with families can particularly benefit from this program. It allows qualifying aliens to make removal arrangements without being held in custody, which will ease their transition and minimize the impact of their removal on their loved ones. In addition, ICE will allow eligible participants to arrange for their families to depart together, should they so desire.’’

What does this new program really mean and is it a good thing? It all depends upon your point of view. If you’re the government and want to try to clean up the approximate 572,000 ICE fugitives in the United States, including 457,000 who do not have criminal histories, maybe. If you’re an “ICE fugitive”, defined as “ an alien who has failed to depart the United States based upon a final order of removal, deportation, or exclusion from a U.S. immigration judge, or who has failed to report to ICE after receiving notice to do so” it’s not a good deal at all. In essence, ICE promises that if you turn yourself in you will be able to pick your own date of deportation and will be allowed to remain in the community with a reporting requirement or an electronic monitoring device. In ICE”S own words:” By coming forward and participating in the program, ICE will no longer consider the alien to be a ‘flight risk’. Aliens who are able to provide for their own removal would have the flexibility to make their own travel arrangements within a 90-day time period. ICE will work with eligible aliens who are not able to provide for their travel; however, ICE will maintain control and schedule the travel arrangements in these specific cases”.

Is there a problem with this program? You bet there is. Why on earth would anyone who has been in hiding for years and hoping for amnesty or a similar miracle voluntarily leave on their own? Anyone who wants to leave can do so at any time, without any special type of permission from ICE or the government. Yes, choosing ICE’S “new program” offers certainty—a date fixed to leave the U.S. rather than the unwelcome surprise of a knock at the door in the middle of the night and being ripped from the heart of family.

Is there a better idea? You bet.  How about if ICE, in conjunction with our legislature, offered a pardon—a waiver—for those who were married to U.S. citizens or otherwise eligible to obtain lawful permanent resident status in the U.S. and would leave but for the fact that if they did they would be subject to the 3 year, 10 year or permanent bar because of their illegal presence? Imagine the mass exodus of hundreds of thousands who only remain because 245i no longer exists and their very departure from the U.S. will forever destroy their chances of continuing with long pending immigrant petitions filed on their behalf. Now THAT would be “a compassionately conceived enforcement initiative, one committed to providing sensible alternatives that balance the welfare of the individuals and families in question with ICE’s clear obligation to uphold the law.” Please ICE—tell our legislature that without new immigration legislation your efforts, however well-meaning, are like mining for diamonds at the Jersey shore.

 

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