Will Trumps Enhancing public safety executive order deport person qualifies for petty offense exception also?

[Prathiba89]

 

Got charged for shoplifting 484 PC in 2015 . Pled No Contest.Case got dismissed after 12 months of probation.

Per immigration no contest is same as guilty. But this is the only crime which falls in petty offense exception I believe .

But now worried trumps Enhancing public safety will deny entry. Please help

 

 

[pleaseforgive358]

This is a good question.

If you read the latest memo (attached) from feb 17, 2017 it is very scary. I am not sure how DHS/ICE will implement it.

The memo states  " the Department personnel should prioritize removable aliens who (1) have been convicted of any criminal offense (2) have been charged with any criminal offense that has not been resolved (3) have committed acts which constitute a chargeable criminal offense (4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency .. (7) in the judgement of an immigration officer, otherwise pose a risk to public safety or national security."

The outstanding questions are: (1) will there be any petty offense exception (2) what if somebody had record, disclosed it in the gc interview and got GC as it was petty offense and now per the new rules he/she is removable just because there is a record. (3) does it consider the time of event? before gc, after gc, before citizenship, length of time elapsed.

 

DHS-enforcement-of-immigration-laws.pdf

[sam3215]

22 hours ago, pleaseforgive358 said:

This is a good question.

If you read the latest memo (attached) from feb 17, 2017 it is very scary. I am not sure how DHS/ICE will implement it.

The memo states  " the Department personnel should prioritize removable aliens who (1) have been convicted of any criminal offense (2) have been charged with any criminal offense that has not been resolved (3) have committed acts which constitute a chargeable criminal offense (4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency .. (7) in the judgement of an immigration officer, otherwise pose a risk to public safety or national security."

The outstanding questions are: (1) will there be any petty offense exception (2) what if somebody had record, disclosed it in the gc interview and got GC as it was petty offense and now per the new rules he/she is removable just because there is a record. (3) does it consider the time of event? before gc, after gc, before citizenship, length of time elapsed.

 

DHS-enforcement-of-immigration-laws.pdf

I don't think petty offense exception applies here.. it is saying even if the alien is arrested and not even charged and there is sufficient evidence in the police report, the alien is deemed deportable/removable. it even applies to DUI charges/conviction.

[shabee]

Additionally, regardless of the basis of removability, Department personnel should prioritize removable aliens who: (I) have been convicted of any criminal offense; (2) have been charged with any criminal offense that has not been resolved; (3) have committed acts which constitute a chargeable criminal offense; ( 4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency; (5) have abused any program related to receipt of public benefits; (6) are subject to a final order of removal but have not complied with their legal obligation to depart the United States; or (7) in the judgment of an immigration officer, otheiwise pose a risk to public safety or national security. The Director of ICE, the Commissioner of CBP, and the Director of USCIS may, as they determine is appropriate, issue further guidance to allocate appropriate resources to prioritize enforcement activities within these categories-for example, by prioritizing enforcement activities against removable aliens who are convicted felons or who are involved in gang activity or drug trafficking

so its says its applies to "removable aliens". they can be legal or illegal. million dollar question whether you fall in to that "removable category". For example , if you're arrested for DWI and are convicted/acquitted/charges filed and you are a legal alien then you are not removable alien and wont be deported. If you have overstayed your visa and was arrested for DWI then you come under removable alien and can be deported according to the new directive. This is my take and could be wrong

[Maddy45]

I went and came back safely today with Petty Theft, As long as you are legal and as long you have all the documents. You should be fine !!