We’ll explore the whole DACA controversy and get your take on “dreamers.”

Newell Normand
Wednesday, September 13th

Immigrants brought to America illegally as children – should they stay or go?  We’ll explore the whole DACA controversy and get your take on “dreamers.”  

This segments guest:
Malvern Burnett    - Immigration Attorney

00:17:00

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Welcome back and in their sorrow we have Malvern Burnett in immigration lore and we will be talking about. Immigrants brought to America as children with illegal parent should they stay or should they go and we'll explore this hold docket controversy. And get your take on dreamers. Doctor stands for deferred action for childhood arrivals so what is doc let me just read a couple of bullet points first. You'll under 31 years of age as of June 152012. He first came to the United States before your sixteenth birthday. You have lived continuously. In the United States from. June 15 2007. Until present. You were physically present in the United States on June 152012. And at the time you apply for daka. You came to the United States without documents before June 15 2012 or your lawful status expired. As of June 152012. You are currently studying our graduated from high school earned a certificate of completion of high school GD. Or have been honorably discharged from the Coast Guard or the military. You have not been convicted of a felony. Certain significant misdemeanors. Such is do you lie. Or three or more misdemeanors of any. Pine that is all hung with you hit it right on the head of an era of ingredients says that relates to dock and this right off the presses. House speaker Paul Ryan says that president trump took the right approach to phasing out a program. That help young immigrants living in the United States who brought into the country as children. Ryan wanted the White House to provide time for a legislative fix because he didn't want the program to be rescinded on day one. And create chaos. So Malvern. Now that I've got all of that as to the background. Dot and some of the implications thereof. What are you. Hearing from your clients as you're dealing with them and meandering through this when I was at Tulane Law School took immigration law. And it just kind of blew me away because it was a series of the exception on top of the exception on top of the exception. It's highly regulated field to it's it's it's a complex or the law on. Well what's interesting about about daka is in my my concert docket is that they're quite frantic right now because they realize that. There were many of them they may have at most two years of lawful status. With the recent rescission. Of daka. Basically. Homeland Security stated that they will accept extensions. Duck status for those who. Whose status is expiring between September. Fifth of 2017. And march 5 2018. They and they have to make those application before. October 5 but those are extensions those extensions initial request no more frightening I got one in on the fifth which was lasting you can do it. And so boat people who did umpire Ottawa at present. But you know we do have some hope that a DREAM Act will be passed net the DREAM Act. Is it is legislation that would hopefully. I'll provide lawful status to indeed all all the doc individuals even others as well. You know kind of what's being lost in this message. As it relates to. The way that it spewed by the Republicans and aware that it's viewed by the Democrats. Has been. You know the messaging around this issue because it's so politically volatile. It is in some states more than other states because of the demographic make up of that state correct. We have the world's it it's a red states who were on there with threatening the junction relief and aid they did actually enjoying one of them wanted to doc. Legislation legislative packages. And included. Doppler which was deferred action for parents are from Paris right and we know what happened with Batman and and so in that connect got knocked down. So when we look back historically. You know I'd on at least 22 occasions. President Obama. Had said that he knew this was going to be a problem and he knew that. A dock alike policy could lead to a surge in illegal immigration and he also knew. An hour he said he initially that by executive order was not the appropriate way to do this. And it wasn't until after the DREAM Act actually failed. That this began to be contemplated. Because that congress couldn't get their act together on and they couldn't figure out. What they were gonna do as it relates to that policy through the executive action out of last resort. Really and and and then after having commented that it was in complete violation of constitutional principles that whether or not he even had the authority to do so. And put himself and of audio of the legislature of the legislative. Body. That it was gonna create a problem I mean he he telegraphed that on on the front end and I think that's what's driven. A lot of the frustration. Or round this particular issue I don't. I I'm just kind of mystified sometimes. By the laps position. That where race says we're insensitive we don't care about people we don't do this or we don't do that. Only only because we're looking at. The format addicts of it and saying you didn't do this right it should have gone to congress it needs to go through the current congressional. Forum in order to get to some piece of legislation. You know you know which is out of frustration drove Obama to do what he did an in not to dive agree with that but I think fit after sixteen years of trying to get a DREAM Act. Pass to congress in and they have nothing really achieved. You know something had to be done I think he understood all the way to do it is legislative. And and how you get the both both sides of the out to agree on a packaged it's going to in essence. Legalize. It this is edited this is a the form of amnesty feat if if you if you want to define it that way for many of those kids that have been in the United States for many of them for thirty years. So let's just presuppose or malicious a 100% of the folks are OK with this night. How far should should ago should we. Give them lawful permanent resident status switches although these don't exist anymore as it is our called the green the proverbial green caller. Or do we chess. Jump right to full citizenship. For them when. You know the way that it that they entered the country was in an illegal fashion. And should there be any vetting. That goes along with this would it would just kind of you know really been a surprise to me. Some of the stuff that's been talked about as it relates to the criteria of adding. There was an article it said only 2% of American city of US citizens would pass the vetting process and get a score high enough. To be admitted into the country. And I'm just completely blown away when people take that stand. It it's almost like. We're not to a preference ourselves as US citizens why should we be judged against that and why should it not be that we want the best and brightest. And the folks that are going to be not just consumers. But producers. In our economy moving forward and thinking about that is an overarching. Immigration policy we're back you were talking a Melbourne Burnett and immigration Loria about. Dot. And all of the issues that surround it so I'll let you pick up where where where we war is as it relates to. You know these issues and and and how are we gonna resolve them as we move follow our. Well first you guessed about you know should we be considering giving citizenship to want to dreamers have people and doctor status. And it would be highly and you would have to go straight from. The deferred action status to citizenship there's only one citizenship program that's it's quick like that that is for certain. Individuals who employ about the military in critical areas they can go from being. Can you not put it in the United States for two years to citizenship. But. You would agree that the left is is you know trying to push this particular issue increase and create this direct path to citizenship. And then we have the issue of sponsorship. So what you explain for our listening audience what that. Mean monster in terms of employment base sponsorship or you give daka. The citizenship status that they then get to sponsor their family members to come in as well by virtue of rich. I'll happens without you if you get it if if a docket gets like even lawful permanent rest know how they can realize they can apply for for spouses and in in children. As long as the on married. On of course after being in progresses testified music can apply for citizenship and get to vote. And then they get to apply for their two for the parents. For Brothers and sisters as well as spouses and in children so I think you know that that's one of the issues the devil's always in the details and and for those on the right and and and those that are. Very mindful of the law is the law's the law. Is that we begin to carve out these special privileges. That go along with that in my feeling is is set. You know the 800000 in the doctor community. Is not a make or break for us and I do get the sense of them having been brought here when you read me and I that's wild open with reading what it. Who fits into this category and are a lot of different you know. But elements that you have to meet in order to be. A dreamer so to speak. It is is that whether you should really get all of this other stuff. With it well and you know and it would seem to me that we would go about Carmen out this class saying look you're gonna get this day. But you will be that it. You know you're criminal record will be reviewed to see whether or not you you are in compliance with these requirements. And all of these requirements will be that it to the fullest extent 800000 is is not this intercept insurmountable number that we can't. Achieve that. Before we just start passing. Laws as it relates to this such as gives him this full plethora. Of privileges than it is a privilege. When you're doughnut does there's no doubt about it and I it if you look at the DREAM Act sponsored by a Lindsey Graham than in Richard Durbin. And that was presented. In the senate and probably its June July but this year. That allows for the grant of a conditional resident status you know in to do that you have to show that you entered the United States under the age of eighteen pitch you've been in the United States for four years prior to act the enactment. You don't have a felony conviction or three misdemeanor convictions your background. And you've graduate high school. Or have a ged or you currently ruled secondary education you get that status to a conditional status and then. There after you can when you when you have the Brit remaining requirements that you can apply for permanent residence. Eight years as much as you can take eight years and conditional status before you. Showed that you've completed two years of a college education completed two years of military service. And all or demonstrate employment over a period of three years or not land. Route yet yet he or corporate tech. And then of course after you become a resident of which five years if we get citizenship so that's potentially. You know that's thirteen yen thirteen years down the road. You know and we often talk about smoke screens and that's what I'm talking about it said you know there are those. That the pro immigration. Folks that are thrown all of he smoked screens it's not enough they want more. You know they don't want that that those restrictions placed. There and they and they basically are calling the names of those that embrace. That bill and in the Indiana Democrats were just is responsible for killing them as anybody. You know and and Obama as well President Obama as well. And you know the fact of the matter is is that. It it's never enough we we can't get to this compromise. On this issue because. They they want more because now out then that dovetails into what's going to be the overarching bill of immigration reform. And they don't want to set that path. Or that bright light on those issues so that it's going to they're not gonna get ultimately. All what they wanna get in the overall bill which you're gonna. I would agree in the likelihood of just seeing the straight. DREAM Act get get past is is extremely extremely. Outside of the positive the realm of possibility. Because you've got that. I think the two Democrats. They they wanna make sure that they expand coverage include as many as possible to Republicans on the other hand want to limit it. In Republicans want or security. They want. And on in that that presents tension did is is gonna really make it hard for congress to pass the DREAM Act in the coming six months. And then you know you've got you got into closer stating well you know maybe we can squeeze in which added to the omnibus spending bill what do you the year. I mean. Good that we don't get it in the right way like corner as lawyers in court we're gonna sneak it in exactly that and I went to try and find. The loophole you know the other issue and you said this earlier. That about this worry of deportation. And and I tried to express. Too many folks it. That worry in some sense is real but in in a larger sense is really perceived. Because you know as well as that under the priority enforcement program. That these folks in the doctor category. And even illegals in general they're not getting deported. We don't have the infrastructure in this country. To deport all of these people that are here illegally we were talking off fair about whether or not it's 111000012. Million. My sense is probably more in eighteen to 21 million. Based on the new research that and look at that. But the fact of the matter is is the infrastructure is just not there to be able to accomplish all of this so. Another smokescreen. You know as it relates to what the enforcement is going to be and I heard right away when trump. You know said what he had to say about we're gonna do this and we're gonna do it right. Once overall we're gonna let congress deal with this issue you got six months. You know you it's kind of like in health care even talking about this forever you don't get to a resolution. I'm tired of talking about it let's get something done what's happened with health care not. We're about to dampen nothing about tax reform exactly you know it. But yet Meyer but yet we keep in rejecting these issues and everything that we're Dylan and we've got to the point where the name calling. Is just getting over the top. That people you know insensitive races this that. You know it we don't care about anybody we you know we we all understand and Al had that. As well you know as sheriff. From 09 to 2013. We deported more illegals out of Jefferson Parish per capita than any other county in the country. And I had all the immigration advocacy groups common in you know to talk to me about it and everything else and I said. You know you'll understand as its simple. They came across the border illegally is not a violation of the law. We yes we you know understand as an out I don't get the luxury of understand the law's the law. I've got to enforce it I don't get to enforce the ones that I feel good about her don't feel so good about. Are ambivalent about. That's not my constitutional. Obligation my obligation I would you do horse but law which you do exercise past toward discretion. I'm not a prosecutor. But you'd put it in Iran relationship with the prosecutors huge. No no relationship I don't get involved and at all that's a that's in their daily wick. Totally.
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