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Attorney Ginger Jacobs Speaks About Immigration Policy with Polish Newspaper

Attorney Ginger Jacobs Speaks About Immigration Policy with Polish Newspaper

Attorney Ginger Jacobs was recently featured in Tygodnik Powszechny, a Polish Roman Catholic weekly magazine that focuses on important global social and cultural issues. In the article, attorney Jacobs discusses her experience defending clients in immigration cases. She explains that the modern era has brought new challenges, many of them related to the  increase of bureaucracy andwhat seems to be an effort by the immigration courts and federal government to make it more difficult for lawyers to defend their clients.

Attorney Jacobs explains that under the Obama administration, removal orders for illegal immigrants were primarily issued for those who committed criminal offenses, were gang members, or traded drugs. However, under the Trump administration, her office is dealing with more cases involving clients with no history of criminal conduct facing deportation.

One case attorney Jacobs described involves a Mexican woman who was detained by Immigration and Customs Enforcement (ICE) officers . The woman, who came to the U.S. over 10 years ago, and had her visa at the border. According to Jacobs, ”it’s very unusual for ICE to take an interest in one of my clients who has no criminal history so long after a procedural violation.”

Until recently, immigration judges allowed “administrative closure" of low-priority cases. Administrative closure is a type of relief which granted immigrants who  have no history of criminal conduct and an avenue to obtain a legal status protection from deportation.

In order to determine whether an individual should be classified as low-priority and thus granted administrative closure, judges considered the following:

  • Whether the immigrant is integrated into the public;
  • How long they have lived in the U.S.; and
  • Whether they have family members who are U.S. citizens

The Trump administration, however, has been fighting to eliminate immigration judges’ ability to grant administrative closure. In May, now former, Attorney General Jeff Sessions formally restricted the powers of immigration judges to issue such decisions. Limiting the power to issue administrative closure limits the discretion of immigration judges and forces the imposition of rulings which the judge may believe is harmful to U.S. individuals and communities. The Trump administration has been pushing for more stringent applications of immigration law and policy while simultaneously working to undermine the ability of government officers to exercise discretion which as historically be used to prevent unnecessary harm caused by overly strict applications of law. This has the effect, as many have observed, of creating a system which produces outcomes which seem cruel and draconian (e.g. family separation of asylum seeker).

In the Tygodnik Powszechny article, attorney Jacobs explains that Jeff Session’s decision to restrict administrative closures destroyed years of cooperation between immigration lawyers and the attorneys  working for ICE. “If I had strong arguments for an immigrant to be in the US, I could convince the ICE attorney to support the request for an administrative closure of the case,” said attorney Jacobs. That cooperation enabled through administrative closure saved attorney Jacobs’ clients from disproportionate sanctioning and the U.S. tax payers huge sums of money. Jacobs & Schlesinger attorneys are troubled by the loss of administrative closure and will continue to advocate for its reintroduction.

San Diego Immigration Attorney

At Jacobs & Schlesinger LLP, our team of skilled lawyers are committed to helping clients resolve their immigration matters. We understand how stressful and confusing it can be when you have to go through the immigration process, which is why we are here to stand by your side and make sure your rights and interests are fully protected. Let us review your case today.

Call (619) 900-6778 to schedule your appointment with an immigration lawyer in San Diego.

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