ICE Finally Recognizes the Protection of Parental Rights in Removal Proceedings.

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The protection of parental interests is finally recognized by the Immigration and Customs Enforcement (ICE) - Visa-pros

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Immigration attorney Zulma Lopez explained that “Up until now, ICE considered criminal and immigration history as the most important things in making a discretionary determination of detention and removal of foreign nationals.

The protection of parental interests is finally recognized by the Immigration and Customs Enforcement (ICE), the enforcement arm of DHS, as part of the agency’s commitment to a more humane enforcement of the nation’s immigration laws. Recently ICE Director John Sandweg issued a directive supplement to existing ICE enforcement priority memoranda stressing the agency’s concern with the removal of alien parents or legal guardians who: 1) are the primary caretakers of minor children; 2) have a direct interest in family court or child welfare proceedings; and, 3) whose minor children are U.S. citizens (USC) or Lawful Permanent Residents (LPRs).

“Everyone at our Atlanta Immigration law firm consider this an important advisory that we will use in all cases involving a parent or legal guardian in removal proceedings in Immigration Court”, said Zulma Lopez, a Georgia immigration attorney. “Providing superior advocacy for our clients is what we are known for and we will use every tool available to advance our client’s cases”, added the Atlanta Immigration Attorney.

Immigration attorney Zulma Lopez explained that “Up until now, ICE considered criminal and immigration history as the most important things in making a discretionary determination of detention and removal of foreign nationals. What this advisory means is that ICE will also consider the parental relationship to US citizen permanent resident children that would be left behind because of a potential incarceration and deportation of a parent or legal guardian, which was rarely considered before”.

“This advisory is also critical in our State of Georgia where immigrants are encountered by police for minor traffic violations and thereafter put on an immigration hold. From now on, ICE would also have to take a look at that immigrant’s family composition in the United States as part of their exercise of discretionary custody determination”, explained the immigration lawyer in Atlanta.

“This new guideline will also help foreign nationals in their requests for prosecutorial discretion. When a client has no other form of relief but to ask the government to close his or her case as a matter of discretion, it is now possible to argue in favor of preserving parental rights and family unity”, said the immigration lawyer. “For example, the fact that a parent is the sole financial supporter for his family should be weighed in by the government in considering a discretionary request”, stated the immigration attorney in the Atlanta area.

“We welcome this new directive because we see firsthand our client’s families torn apart with the incarceration or deportation of a father or mother. United States children are often left with no choice but to quit High School to start working to support their younger siblings. Every case will have a different set of circumstances that will have to be scrutinized by the attorney to strengthen the client’s case. These will become important facts to use in every request for discretion to the government’s attorneys”, added the immigration attorney.

“The advisory goes even further in establishing procedures and mandating the creation of a Parental Rights Coordinator and specially trained staff to assist with its implementation”, stated the Atlanta immigration lawyer. “We see this and previous prosecutorial discretion memos from the past few years as a positive sign that the agency is internally moving towards a more sensible and humane enforcement of the nation’s immigration laws”, concluded Zulma Lopez, an immigration attorney at the Atlanta Immigration law firm Weinstock Immigration Lawyers.

Media Contact: Karen Weinstock
404-935-0056
Kweinstock (at) visalaw (dot) com

About Weinstock Immigration Lawyers:

Siskind Susser is one of the premier immigration law firms in Atlanta, Georgia and its Atlanta Immigration attorneys, a part of the Atlanta immigration law firm have experience handling all aspects of American immigration and nationality law. Our Atlanta immigration lawyers provide consultations to companies and individuals on immigration law issues and represent clients before the U.S. government. We are committed to providing quality and efficient service, and are one of the top ranking U.S. immigration law firms.

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Government (ICE) - August 23, 2013 - http://www.ice.gov/doclib/detention-reform/pdf/parental_interest_directive_signed.pdf

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