President Joe Biden’s administration this week unveiled new measures allowing immigrants who have served in the army and later deported to return to the U.S. legally.
A ‘rigorous, systematic’ approach to review cases
In an announcement from DHS secretary, Alejandro Mayorkas, the government ordered immigration authorities to form a ‘rigorous, systematic’ approach to review cases of immigrants where there had been a ‘failure to live up to America’s highest values’.
Mr Mayorkas said, “Together with our partner the Department of Veterans Affairs, we are committed to bringing back military service members, veterans, and their immediate family members who were unjustly removed and ensuring they receive the benefits to which they may be entitled. We are taking important steps to make this a reality.”
A memo sent to the secretary by senior immigration officials says that they would use prosecutorial discretion and other legal authorities in order to facilitate the return of eligible veterans and their families. This in turn would give them access to Department of Veterans Affairs benefits, allow them to seek help from U.S. immigration lawyers, and pursue legal avenues allowing them to remain in the U.S.
Mr Mayorkas has also instructed United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) to review their policies and practices when it comes the enforcement of deportation orders of veterans.
Military Service to be given due consideration
Many green card holders who have undertaken military service have found themselves in deportation proceedings after committing certain crimes which render them at risk of being deported under immigration law. The memo from DHS officials requested that those with military service should be given special consideration and that ‘prosecutorial discretion’ should be used in these cases.
Margaret W. Wong & Associates immigration lawyers can help you with your deportation case. Have you been deported or are you under threat of deportation, and have served in the American armed forces? Get in touch with our team today.
© Margaret W. Wong & Associates 2021. The above text is for informational purposes only and is not legal advice.