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Will Deferred Action Be Expanded by President Obama?

Posted by Sean P. Wickens on Aug 12, 2013 | 0 Comments

Immigration Reform in Congress is not moving as fast as hoped for by many immigration reform activists. So, reform advocates are asking President Obama to use his executive authority to suspend deportation, grant administrative relief and expand the Deferred Action program. Advocates point out, that while the debate in congress continues, the executive branch continues to deport roughly 1,000 people per day.

President Obama has been behind the scenes for much of the congressional debate over immigration reform, but reform advocates are asking him to exercise his executive authority to force a conversation on the issue.

Advocates argue that if the President suspended all deportation, then Congress would feel compelled to resolve immigration reform sooner rather than later. For more information on the issues surrounding the immigration reform activists' call for help from President Obama, click here.

How does the current state of prosecutorial discretion affect me?

Putting aside the call for all deportation to cease, the President does currently exercise prosecutorial discretion.

For example, individuals who are in removal proceedings may have their cases administratively closed because they are not a high priority for removal from the United States. Although administrative closure does not create 'status,' it does stop removal for the time being, and is a 'deferral' of sorts. In other words, for many, prosecutorial discretion temporarily stops proceedings that may result in the issuance of a order of deportation. And hopefully, in the future, a law will pass that allows many of those whose action was deferred in Immigration Court to obtain status.

If you are in removal proceedings, it is advisable to explore your options with an experienced immigration attorney to see if a request for administrative closure makes sense in your case.

About the Author

Sean P. Wickens

Founding member, Sean P. Wickens, has been practicing law in Western Washington for over 17 years. During that time he has developed a reputation as an aggressive, innovative and skilled attorney who cares deeply for his clients and works tirelessly to protect their rights and interests.

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