What's Going On With All The Illegal Immigrants At The US Border?

Daren Brown
By Daren Brown | March 22, 2019
Illegal immigration is a term used to describe people of foreign countries who are in the U.S. in violation of federal law, whether because they allowed a visa to expire, entered without the proper documents or otherwise without permission. Another example of illegal immigration is the major surge in foreigners crossing the border that has been in the news recently. From California to Arizona to Texas, large numbers of aliens are passing into the U.S., mainly from countries in Central America. Much media and political attention has been focused on the good and bad of this surge, but the issue raises many questions about what is really happening at the border.

Why Are Illegal Immigrants Rushing To The U.S.?

One of the reasons so many Central and South Americans are crossing the border is that there are laws that protect them if they enter under certain circumstances. Those who cross into the U.S. and turn themselves over to Border Patrol might be allowed to stay longer and their deportation can be delayed if they qualify for protection. These immigration laws give better treatment to people who turn themselves in as compared to those who enter and don’t alert the government.

What Laws Might Allow Me To Stay?

The Deferred Action for Child Arrivals, DACA, delays the deportation process for individuals who qualify. The requirements include:

  • You were under the age of 31 as of June 15, 2012;
  • Are at least 15 years old to apply;
  • You have resided in the United States since 2007;
  • You haven’t been convicted of any serious crimes or multiple misdemeanors; and,
  • You have lived continuously in the U.S.
  • You attended school in the United States and received a degree, GED, or are currently enrolled in school.

If you meet these requirements, you can apply to the Department of Homeland Services and request that the agency delay deporting you. If DHS grants your application, you have many of the same rights as a U.S. citizen; however, you cannot become a full citizen or permanent resident under federal immigration laws.

Additionally, some immigrating individuals seek protections as a refugee, based on fear of persecution should they return to their home country. Classification as a refugee is case specific. Filing an asylum application must be done within one year of entering the United States, with very limited exceptions.

Do I Need An Attorney?

Based on the complicated issues surrounding the current border crossing surge, you can see how difficult it can be to understand all the illegal immigration laws in the U.S. Those who want to remain legally must go through the proper procedures and file the necessary paperwork in order to obtain resident status or avoid deportation proceedings. Even simple mistakes during the process can ruin your chances of remaining in the country and the government may even deport you sooner.

As such, you need an experienced attorney that has experience in the federal immigration laws. The lawyers at Stockard, Johnston, Brown & Netardus, P.C. have extensive knowledge in this area and have helped many clients remain in the country lawfully. Please contact our office to discuss your case with an attorney who understands and practices U.S. immigration law.
Learn More

Topics: Immigration