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'Dreamers' languish in deportation limbo

NEWS STAFF REPORTER

Published:November 25, 2011, 11:03 PM

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Updated: November 26, 2011, 11:04 AM

He's one of the "dreamers."

They're the undocumented immigrants -- some say illegals -- who come to the United States as children, grow up here and dream of someday calling it home. Like other dreamers, this twenty-something Mexican immigrant made a life here, married a U.S. citizen and led an otherwise lawful life the past two decades.

A routine traffic stop changed all of that, and now he's one of the thousands being targeted for deportation. There are more than 3,500 immigration cases pending in Buffalo and Batavia.

"President Obama is on pace to remove 4 to 6 million people, nearly half of the nation's undocumented population," said Matthew L. Kolken, one of the region's most prominent immigration lawyers. Many of the people awaiting court action are not being held in a detention facility. But more and more, immigrants like the young Mexican being held in Batavia are gaining the spotlight.

Not only are they at the core of a large-scale deportation effort by the Obama administration, they are waiting months, sometimes years, to get their legal challenges heard.

So far this year, cases in Buffalo's immigration court have taken from start to finish an average of 284 days, according to a research center that tracks immigration cases. That waiting period is down slightly from last year but up dramatically 3/4 about 80 percent 3/4 from the low of 158 days in 2006.

"The time has at least doubled," said Sophie I. Feal, supervisory immigration attorney at the Volunteer Lawyers Project in Buffalo.

Here in Buffalo, the problem has been aggravated by the retirement of one of Buffalo's two immigration court judges and the illness of one of Batavia's two judges. It's not uncommon, Kolken said, to now wait a year between court appearances and several years for a final hearing or trial.

He's fond of repeating the legal maxim, "justice delayed is justice denied" and is quick to offer anecdotes of clients who suffer the consequences of delay after delay. "It's akin to trying to eat an elephant one bite at a time and the elephant keeps growing," he said of the court's attempts at managing the growing backlog of cases.

The backlog is not confined to Buffalo and Batavia.

Nationwide, the number of active immigration cases reached a new all-time high of 285,526 in July, according to the Transactional Records Access Clearinghouse at Syracuse University.

The research center also identified increases in the backlog of cases and the time it takes to complete them.

Even more important perhaps, the center found only 8 percent of the nation's caseload is made up of "criminal" cases -- cases based on criminal activity or activity in violation of national security.

In Buffalo, the percentage of criminal cases is about 11 percent.

By contrast, the majority of Buffalo's caseload -- 88 percent -- involve individuals charged with less serious immigration violations. They range from entering the country illegally to entering legally but overstaying their visas.

"They're pretty clogged," Susan Long, director of the records center, said of the courts in Buffalo and Batavia. "And with judges down, they're even more clogged."

One of the reasons the courts are clogged is the people being targeted by immigration investigators.

More and more, they seem to be noncriminals.

Kolken said most of his clients -- he has about 100 pending immigration cases-- have a clean record except for their undocumented status.

He pointed to a 30-year-old woman who arrived here as an 18-year-old, overstayed her visa and eventually married a U.S. citizen. Federal agents picked her up on a Greyhound bus last year and immediately began efforts to deport her.

The woman plans to fight her deportation, but Kolken said she won't get another day in court -- her initial appearance was earlier this year -- until next August. "It may be 2014 or 2015 before she gets a hearing," he said of his client.

Feal told the story of a young Caribbean immigrant who came here illegally as a 10-year-old boy.

Ten years later, he's facing deportation from the place he considers home and permanent separation from his wife, a U.S. citizen.

"There's some compelling cases out there," Feal said. "Not all of them are bad apples."

Court officials acknowledged the temporary loss of judges here but declined to comment on possible remedies to the current backlog.

A spokeswoman for the Executive Office for Immigration Review, the U.S. Justice Department agency that oversees the courts, said the agency is subject to a hiring freeze so new judges are out of the question.

One possibility, she suggested, would be the assignment of a temporary judge in Buffalo or Batavia.

The agency "constantly monitors its caseload nationwide and shifts resources to meet needs in the most efficient possible manner," said Kate Sheehey, deputy counsel of legislative and public affairs.

Nationally, the Obama administration took steps this month to curb the backlog and, at the same time, ease tensions with Hispanic leaders upset with its immigration record.

"He's incredibly hypocritical," Kolken said of Obama.

Kolken said Obama preached pro-immigrant reform as a candidate but has overseen a massive strategy of deportation as president.

In the first 2 1/2 years of his presidency, the Obama-led government deported 1.06 million immigrants. That compares with 1.57 million immigrants deported during George W. Bush's entire eight years.

"There's no question Obama is being muscular in his enforcement," said Long, an associate professor of managerial statistics at Syracuse University.

In his defense, Obama is taking steps to ease the backlog. One of them involves the use of greater discretion by Immigration & Customs Enforcement prosecutors.

The goal, according to the government, is to ensure that resources are spent on the highest immigration enforcement priorities.

Feal welcomes the change -- she thinks it may help "dreamers" who want to stay here -- while Kolken views it as a Band-aid approach.

What it does do, maybe for the first time, is raise the question of targeting. In short, who should the government go after?

Is it the immigrant convicted of assault and robbery, or is it the immigrant who simply overstayed his visa?

"I think the jury is still out," Long said of the changes announced by the government. "The big question is still targeting."

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Comments

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I live in Arizona

WALTER MOHLER, SAN TAN VALLEY, AZ on Sun Nov 27, 2011 at 07:43 AM

If we really have a problem with illegal immigrants weakening the nation we can follow the example of Nazi Germany and its offshoot East Germany.

You seal the borders with a well-trained army, outposts all within sight of one another and watch towers at frequent intervals. Each block within any urban area and in suburban and rural areas for every 2,000 people you have a professional government agent who records each and every facet of life for signs of disloyalty and foreign influence and immediately reports for action any signs of illegal activity especially foreigners of unidentified origin.

You must develop Central Control to inventory border and interior developments and ensure the personnel involved are not contaminated by mixing with the general population. We should try to keep the border and interior guards at less than a million people.

The armed forces will vacate all lands and involvements outside continental USA and we will be free from all danger of foreign contamination.

We should endeavor to hold the cost for achieving purity to less than half of all the wealth of the country.

HAP KLEIN, TONAWANDA, NY on Sat Nov 26, 2011 at 06:43 PM

First of all, the US is rounding up so many more illegals that they have had to turn to private prisons to house them in. CCA is building detention centers in the Southwest to house them. Becauase the government owned centers are full.

Second, they have to appear in court to be deported. UNLESS they volunteer to be deported. It is not a trial, it is a hearing in front of a judge. Claiming assylum is not that easy to do. Overstaying a VISA is not a felony, but people are picked up everyday for doing that. All it takes is a speeding ticket to get caught, or a police checkpoint.

An anchor baby can only sponsor his parents for immigration if he is 21 and earns 1.5 times the federal poverty wage for the size of his family. An anchor baby can remain in the US, but his parents to not get to stay. They can take the child with them or turn him over to relatives. Or he can be placed for adoption.

Welfare, food stamps and all those programs are cut off to illegals. Applicants must provide a birth certificate,with a raised seal and it is checked along with the social security number through the SS database to make sure that there is not a death certificate recorded under the same name. It is also checked through the IRS database to ensure that number belongs to that person.

Finally we would not have this problem if AMERICANS were not hiring them in the first place!! No jobs, no reason to come here,.

JEREMY LEWIS, BUFFALO, NY on Sat Nov 26, 2011 at 05:19 PM

This is what happens to a country which does not control its borders or enforces its immigration laws. It is overrun by illegal immigrants who are seeking a better life and why not? They cross the border illegally and are offered employment. What should they think about America and its immigration policies? People will migrate to where life is better. If we can make certain that illegal immigrants cant find work in the US, they will stop coming. Close the borders to illegal immigration and severely punish anyone who hires an illegal alien. Obvious solutions, but the govt. will not enforce our immigration laws for whatever reason. Hence employers will continue to hire illegal immigrants. If we were serious about illegal immigration, employers would be mandated to verify every employee and terminate those who are undocumented. This could be accomplished within a relative short period of time, but there is no interest on the part of our government or the employers. So keep on talking and snatch here and there an illegal off our streets, keep them locked up for years until finally deporting them. After all, we have the resources. Never mind the worldwide anger towards the US we are creating by such an unrealistic enforcement policy. Countries which have laws, good or bad, but enforce them uniformly are respected. Countries which continuously break their own laws cant ask the world to respect them or their laws.

HAROLD HAHN, BUFFALO, NY on Sat Nov 26, 2011 at 05:14 PM

The bigger problem of immigrants is Americans. We just soak up too much money ourselves and the government does not have enough left over to chase after illegal immigrants.

Illegal immigrants are rarely on welfare, seldom have criminal records and generally are hard working types who keep to themselves. So it is hard to trace them down.

Besides a lot of our tax money has to be spent on training Americans to qualify them to find and hold jobs we dont have enough let over to seal the borders. Then illegal immigrants sneak in and take the low paying, dirty jobs that Americans would rather go on welfare or long-term unemployment than accept.

I just read some really mad apple growers in Alabama who couldnt even find pickers after the state passed a drastic immigration law. Last year growers in the San Fernando Valley would only hire certified farm hands and they has to cut back on their plantings. Strict immigration policy will cost us in the grocery store next year.

No we are just better off finding some way to develop a better policy. That Governor Perry is right at the border and he sure is not setting up machine guns at the border. He says the immigrants bring a lot of good too.

HAP KLEIN, TONAWANDA, NY on Sat Nov 26, 2011 at 02:21 PM

I don't even think we should be giving these people "hearings" -- if they do not belong here, they should just be summarily sent back to wherever it is they do belong. All these efforts to give these people "due process" are unnecessary when you look at the fact that they DON'T BELONG here in the first place! Go back to Mexico, or wherever, and apply to be a legal immigrant. In the meantime why should my tax dollars feed, shelter and clothe you??

RON KAREK, CHEEKTOWAGA, NY on Sat Nov 26, 2011 at 01:08 PM

NON-CRIMINAL, what are you talking about Phil, last time I checked, entering this country ILLEGALLY was a crime, overtaying alloted time on a Visa was illegal and therefore a crime. So please explain to us how these ILLEGAL immigrants are non-criminal?????? Just because they haven't commited any other crimes while here, does NOT make them NON-Criminal.

J.R. TAYLOR, DEPEW, NY on Sat Nov 26, 2011 at 12:50 PM

This problem was not created by our court system. The problem is created 100% by the illegals themselves. They and they alone are responsible. There is no shared responsibility here.

The illegals know that they are breaking the law. The illegals don't care about that, they think they are above the law.

The illegals pour across our borders by the thousands. The illegals give the immigration laws of this country the one finger salute. They laugh at us.

When they are caught here illegally and brought before a judge they start to boohoo and want special considerations. They believe their ethnicity makes them special and that, because of their special nature, they should not have to follow the normal and legal immigration process.

The illegals created their own problem. They know they are breaking the law every minute they are here. They don't care about the law. Our laws mean nothing to them. They only try to use the law and twist the law for their own benefit. There is no reason for the law, or the citizens of the United States, to care about them.

Finally Obama is correct about something. Deport all of them. The faster the better.

MICHALE SZYMANSKI, ORCHARD PARK, NY on Sat Nov 26, 2011 at 12:41 PM

How ever are we to get focus on the numbers rather than the problems or the ideology of lawfulness.

By our own tally we have already deported slightly over two million illegal immigrants and have about 286+ thousand cases in some sort of court action. This means we have a handle on about 0.2 % of those illegally in the country. So if we increase law enforcement and courts by a factor of ten we will get a handle on nearly 20% of the eleven million.

Then we will still be faced with the quandary of illegal spouses with American families. Do we destroy families to satisfy the law and have those remaining be forced to go on welfare?

We have a moral and ethical problem of huge dimensions and bumper sticker thoughts and superficial toss offs just keep kicking the problems up the road.

HAP KLEIN, TONAWANDA, NY on Sat Nov 26, 2011 at 10:54 AM

"Illegal" is illegal. Send them back,

GEORGIA SCHLAGER, LANCASTER, NY on Sat Nov 26, 2011 at 09:53 AM

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