Immigrants brought to America illegally as children, should they stay or go?

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


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

Sort backward Malvern Burnett and immigration lawyer one who actually represents. Members of the docket community. In this had to deal with the trials and tribulations and we were talking right before we broke about. This prosecutorial. Discretion and unlike in the federal system in the state system that discretion is not with the law enforcement agency we we make the local offense arrest. We've we've book on. And then we would turn them over to immigration and immigration would actually do. What they were gonna do with these individuals I didn't mean to imply that we were resting on an immigration violation. Because we were not and we're not what is called a 287. G. Agency where we would have. The responsibilities. Like a federal agent of to discharge forcing them because it just cost too much to get there. For us. So when we look into this priority enforcement program. In the reality of deportation. It's not really is real. As a lot of people would say well I mean. It's it's real in the sense that every day undocumented immigrants are picked up complacent removal proceedings on but it's equally real that. The court system particularly here in New Orleans is is backlog was 7000 cases I think nationwide there over half a million. And that's which is depending number of of undocumented workers if you don't doctor kids in that. On in the end of the remaining twelve million we have out there. To the courts would just be jammed up indefinitely. I've heard here locally that if you are you fit in the PP. The priority enforcement criteria. Documented gang member. Violent felony. Terrorist. Threat to the country. That. Deportation would be about a year. Backlog. In if you were just a here. In violation out of status. Three year backlog that's good estimate in NRC in our district here in Louisiana. You know the the priority removal cases typically those who would end up in with an individual being incarcerated are primarily in in -- deal a court district in those people stated taint. And that docket runs much faster than the undated dot. I think the other thing nick kind of fuels a lot of people's frustration as the relates to this issue is. We're constantly hearing reports and in the headline. Of the do more and register docket teen faces deportation because our immigration marijuana policies are Krejci. You know it seems to me if you're in this class. And you know what the pitfalls are and a level and they say oh no you don't know they don't know know they know. They know what the pitfalls or they know that they know more news and you've interacted with your clients they know better than anybody. What keeps him here. And what gets them out. And yet you still walking around smoke and we carry and Coke. You know doing heroin. And then it's oh whoa pitiful me. You know they're getting ready to ship me out I don't get that I don't get that at all. No and end the immigration laws quite strict on drug offenders to do I mean basically in drug offenses can result you've been. Removed from the United States except to someone to circumstance is less than thirty transmittal and that's that's it. And you know they'll interest thing think for me is as dealt with the issues and in the advocate population. For for immigration. We got written up in this National Journal about. What we were doing with the immigration task forces and then there was a lot of criticism. For even cooperating. With immigration which is foreign to me because we've cooperated with FBI duty day. Audio Department of Homeland Security. Customs and plan. In border enforcement for years and years and years and still you know as I left sheriff just a couple weeks ago. We were on all of these task forces JT Kia joint terrorism task force and and others. And I would hear from the advocate putt groups pusher if you just don't understand. You know you don't understand the plight and should remain I don't understand and basically they were telling me. You're a white male. And you know understand. And and we had the how moment. When are revealed to them than my mother is a first generation immigrant from Nicaragua. In that I grew up in the Hispanic. Culture and population. And you know didn't she didn't speak English till she was older and she spoke English proportion came to this country and my dad a French speaking Acadia and didn't speak English until the fourth grade. That's it so explain this to me. You know now that you know what I dead silence. Debts silence. And they tried to make it about something that it's not it's not about any of that. You know and it's always trying to make it about something else and it. We hear this word to smokescreen weren't gonna throw up and as everybody shares torrone smoke bombs out there to cloud. The issue. And that I just don't understand. Why there's this feeling in the on this issue that we wouldn't want to bring the best and the brightest and the producers. To this country. If you run a company. You do you hire. Under achievers. Now that's gonna come about with comprehensive immigration reform. But when that's gonna happen who knows. Who knows but for the time being. These poor doctor kids okay I'll look to when my two cents were to go out today. That it's to no fault of theirs that they into the United States without without papers I will run over by parents you know they'd they don't they did not have the ill intent to break the law. You know and this is decent some of that sum the people that we need to help. When we come back on the let you speak your piece and I'll say enough. So stay with this will be right back in all Armon under every every now we're back what Malvern Burnett and immigration lawyer and we're talking about. The docket controversy and your take on dreamers. So want you to give us some of their you know real life stories of what you've had to face in in dealing with. This bureaucracy as as it relates to. The the the the members of the docket class. Well you don't by and large the docket community is well represented in in the New Orleans area. The Catholic Church reaches out to many of them a lot of immigrant rights groups are are helping helping them maintain their docket status. And then people are feverishly worked right now to get extensions follow you by the deadline of October October 5. And you know it really is these kids faulted in the United States they did they did not have ill intent they didn't have the intention to break the law when they came over in imitate that both of TV all the classes are clients step possessed the dreamers that that the stock of recipients. Probably have more roots in the United States and and have a bigger. Planned for their future than in any laws clients. They'll do a wonderful kids. They're extremely driven extremely motivated you know they've got spot most of them have family back home. And back home and United States who who don't have documentation and so. In many cases they are the primary breadwinner now and do what they can keep their family unit together. And for the purpose of listening audience I think that's the important ingredient in dealing with the daka. Is the notion that the intent. Yeah then they're innocent in India and in ever since the word. So you know I think I think we need to go to actual off two to get them all lawful status now will be honest with you but I don't agree. With the way did it dawn patrol terminated the program I think there's two are probably other ways it. It it might have been approached. Putting a gun to to the head of congress that it would that produce some results it did a required within the next six months I don't know. You know all I know is if the last sixteen years always seen her multiple failures. At legislative reforms affecting the dreamers. But in effect. That the you know the the the position and actually ends up happen let's assume that it fails. He still sets the policy of immigration enforcement. So we get right back to what I was talking about before relative to PP. The fact of the matter is unless they involve themselves in criminal activity are documented gang member. Terrorists or otherwise the likelihood. Of that happening and he can change and even make it more liberal than what it is now. When he enforcement's side and create those protections. By policy. As opposed to executive order it's you know what immigration enforcement is because what we talked about is the infrastructure is not there. You know to go higher and we see that in this city in trying to hire 500 policemen. And we're talking about trying to hire 50000. Border agents that's not he's. You've got to dedicate your resource to the priorities that you have. And it's it's it's true with immigration enforcement well Obama. Used to his his prosecutorial discretion. To basically delay the removal of thousands of people deportation proceedings of the case was brought before January 12014. And had no criminal background. Won't they they were basically good cases where administrate the closed toe while. Immigration cost enforcement. To go after the tip the hard core criminal aliens. In in there worked. And you know and and but that actually helped Foster this raw. Between the Democrats and the Republicans. As it relates to that now think. The go under the had a congress might be in the proverbial and I hate to use that term. But that may be the best way to approach this issue and say we and we're getting this done we're gonna put it you know. If they make a direct art the effort that we need. In the first priority we have been back to talk about it happening within six months yes I promise I won't be right back up.