News Update - August 8, 2008
By Alan Lee, Esq.†‡
No Reservations for ICE’s 'Self-deportation' Invitation
Immigration and Customs Enforcement (ICE) launched a new strategy
this week for tracking down undocumented immigrants who have failed
to leave the United States after they received a court order to
do so: Turn yourself in and deport yourself.
Officially entitled ‘Operation Scheduled Departure,’
the program would allow fugitives (defined as someone who was previously
ordered to remove themselves from the United States but have illegally
remained) without criminal records to turn themselves in at Immigration
and Customs Enforcement offices across the nation. In exchange for
‘self-deporting’, the fugitives would be processed and
given a time frame to get their affairs in order before leaving
the country – without being put in a detention facility. They
will remain under supervision, and possibly be required to wear
an electronic monitoring device. Once they turn themselves in to
authorities, some may arrange for family members to go with them.
The program has received severe criticism from numerous immigration
advocates. Charles Kuck, President of the American Immigration Lawyers
Association (AILA), stated “To encourage the undocumented
to turn themselves in, some meaningful incentive must be offered.”
ICE’s response to the incentive question is that by coming
forward, the fugitives will be able to smoothly emigrate and “minimize
the impact” on their family. This will come about because
“participation will place [the fugitives] in compliance with
the law.” Thus preventing the risk of sudden arrest and being
sent to a detention center. There is also the possibility that said
immigrants would be able to bring their families with them.
|