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  • Bloggings: "Dozens" of Immigrant Students Arrested by ICE in San Diego - Told to "Self-Deport" by Matthew Kolken

    Bloggings on Deportation and Removal

    by Matthew Kolken

    "Dozens" of Immigrant Students Arrested by ICE in San Diego - Told to "Self-Deport"

    More evidence has been reported of the Obama administration's continuing efforts to round up and deport "low priority" immigrants.  At 6:00 am yesterday morning ICE raided a downtown San Diego apartment complex netting approximately 40 students that were working without authorization as cab drivers to help support themselves while attending school.  The raid lasted a few hours.

    After taking the students into custody, ICE revoked their visas, and instructed them to "self-deport" within 30 days.  It does not appear that any of the students taken into custody had criminal records, and all were in valid immigration status at the time of the arrest.

    And that, my friends, illustrates the principal difference between the immigration policies of Barack Obama and Mitt Romney: Mitt Romney suggests that immigrants self-deport.  Barack Obama demands it.

    About The Author

    Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

    The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.
    Comments 3 Comments
    1. lamigra's Avatar
      lamigra -
      Mr. Kolken-
      If they were "employed" as F-1 students, they were no longer in status. See 212(a)(6)(G)
    1. MKolken's Avatar
      MKolken -

      I am fully aware of what the law is.

      My point was that the individuals arrested were not EWI, and were not overstays.

      There is no question that these individuals violated their student status if they worked without express authorization from USCIS.

      There is also no question that the law permits the cancellation of these individuals' visas, and it is permissible to require them to depart the United States, either on their own volition, or alternatively through an express order of removal.

      The point is that Obama claims he is not going after these types of "low-priority" immigrants... immigrants with minor violations of the US immigration law.... immigrants without convictions. Working without authorization while in otherwise lawful immigration status is about as low on the immigration law violation totem pole that you can get. About the only thing lower is a mere overstay.

      The undeniable fact remains that ICE continues to detain and deport low-priority immigrants, despite the administration's fraudulent claims to the contrary.

      So the question becomes, why does the Obama administration continue to use its limited resources to target what they themselves have characterized as "low-priority" immigrants for deportation, when they say that they are not. And most importantly, why is the Obama administration lying to us about what they are actually doing in practice.

      As a retired immigration officer can you offer us any insight?

      Thanks for your response.
    1. Lynn Atherton Bloxham's Avatar
      Lynn Atherton Bloxham -
      There is a different alternative to Romney or Obama. A political Party which has stood for open immigration for forty years and and judges people each as individuals. The Libertarian Party welcomes immigrants and understands their contributions yesterday, today and tomorrow. A vote for Gary Johnson sends a clear message that you are wise to the failures of the duopoly of the two incumbent parties.
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