» Two Former INS General Counsel Discuss Executive Branch Immigration Authority

Two Former INS General Counsel Discuss Executive Branch Immigration Authority

Dallas, TX (Law Firm Newswire) June 20, 2011 – Despite being one of the most-discussed issues in contemporary politics, immigration reform has been at a relative standstill at the federal level for almost a decade. But two former U.S. Immigration and Naturalization Service General Counsels argue that the executive branch of the government can actually implement change without waiting for Congress to pass a bill.

Dallas immigration lawyers

Dallas immigration lawyers - Rabinowitz & Rabinowitz, P.C.

Bo Cooper, Esq. and Paul Virtue, Esq., both former INS General Counsels, recently stated that law enforcement authority to use discretion in investigations and prosecutions is not just possible; it is “fundamental to the American legal system.” The legal system permits law enforcement officers and other executive branch members such as the President and the Department of Homeland Security discretion to decide whether to deport illegal immigrants in most cases.

“The executive branch has more authority in immigration matters than its is willing to exercise. It could expand Parole-in-Place and permit persons who merit the favorable exercise of discretion to remain in the U.S., and even be able to adjust their status to that of lawful permanent residence if its chooses. Or it could defer action against persons meriting such discretion to remain in the U.S. by a formal application process,” says Dallas immigration attorney Stewart Rabinowitz of the firm of Rabinowitz & Rabinowitz, P.C.

The executive branch often grants a case “deferred action” and chooses not to prosecute certain illegal immigrants, even though they are otherwise deportable. The DHS secretary has previously granted this to widows of U.S. citizens who could not adjust their status due to their spouse’s death. Over 12,000 individuals who were applicants for the Violence Against Women Act were also granted deferred action in 2010.

The President can take action to change immigration law with a “signing statement.” Presidents George H.W. Bush, Clinton, George W. Bush and Obama have all issued signing statements in the past, many of them relating to immigration, and President Obama could choose to enact further changes if he chooses.

“For a significant minority of cases, it is tragic that the executive branch chooses exercise its power so stingily, and looks only to Congressional action as a means to implement any significant change,” Rabinowitz says.

To learn more, contact a Dallas immigration lawyer or Dallas immigration attorney at Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.

Rabinowitz & Rabinowitz, P.C.
14901 Quorum Drive, Suite 580
Dallas, Texas 75254
Phone: 972.233.6200

[mappress mapid="46"]

  • Changes to USCIS Processing of Removing Conditions on Residence
    The U.S. Citizenship and Immigration Services (USCIS) has published a policy memo that provides revised interview guidelines to immigration officers adjudicating Petitions to Remove Conditions on Residence. As background, certain family or investment based immigrants who have a condition attached to their permanent resident status must file a petition with USCIS within a 90 days ...
  • DHS Issues Fraud Alert for Imposters Posing as U.S. Immigration Agents
    The Office of Inspector General (OIG) under the U.S. Department of Homeland Security (DHS) is warning people of a nationwide telephone spoofing scam that attempts to trick victims into divulging their personal information, leaving them vulnerable to identity theft. On March 1, 2019, the OIG issued a notice in response to reports of DHS phone ...
  • CRS Addresses Legal Issues in Migrant Protection Protocols for Asylum Applicants
    The Department of Homeland Security (DHS) on January 28, 2019, started implementing a new policy that requires Central American asylum seekers arriving at the southern border of the United States to wait in Mexico while their cases are processed in U.S. immigration courts. In a report released on February 6, 2019, the Congressional Research Service ...

See other news sources publishing this article. BETA | Tags: , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required