Phoenix Immigration & Naturalization Law Blog

Making the adjustment to the American way of life can be difficult for some lawful permanent resident immigrants as they take the necessary steps to become U.S. citizens. One aspect of which many immigrants are experiencing first-hand is the often cumbersome American bureaucracy. Although there has a backlog for years, since the Trump administration has assumed the reins of power, the time required to become a citizen has doubled or tripled in Arizona and most areas of the country. In sections where there are large immigrant communities, the wait could be four to six times as long.

Critics of the administration suggest a nefarious scheme is at hand while supporters point out there are good reasons for the delays. Administration officials suggest part of the responsibility for the delay is due to Obama-era changes in lengthening the application and point out the numbers of new citizens has remained consistent over the years.

The Trump administration's hardline immigration stance has resulted in many deportations from Arizona and the rest of the nation. While the government may try to claim that the immigration policies are focused on law and order, that claim is belied by the recent focus on deporting undocumented immigrants who are married to U.S. citizens.

According to news sources, officers with Immigration and Customs Enforcement are working with the United States Customs and Immigration Service to entrap and arrest married undocumented people when they come in for interviews. Regulations from the Obama administration that allow undocumented people who are married to U.S. citizens to remain in the U.S. while they are waiting for their green cards still are the law. Despite these regulations, ICE agents have reportedly been attending USCIS interviews so that they can arrest and deport the immigrants when they come to their interviews.

Many Arizona residents were shocked to learn that U.S. Immigration and Customs Enforcement agents were separating the children of undocumented immigrants from their parents at the Mexican border, and they may have been relieved when a national backlash prompted the Trump administration to abandon the controversial policy. However, a new outcry ensued when it emerged that reunited immigrant families were being deported without delay.

The American Civil Liberties Union responded by mounting a legal challenge to the deportation policy. The nonprofit organization argued that under U.S. immigration law, reunited immigrant families should be given time to consider pursing asylum in the United States before being returned to their home countries. On July 16, a federal judge in California was swayed by this argument and issued an order that temporarily halts immediate deportations. Attorneys representing the federal government and the ACLU were then given a week to file a response to the order. The judge will make a permanent ruling after considering these responses.

People in Arizona who are not U.S. citizens but have secured permanent resident status should keep their green cards in good standing. The two main ways that green card holders can jeopardize their permanent residencies are by violating the law or spending extended periods of time outside of the United States.

There is no official list of violations that will qualify a person for deportation, so it's a good idea for any permanent resident who is arrested or charged with a crime to consult an immigration lawyer. Criminal attorneys may not have a full understanding of the cooperation of criminal and immigration laws. Additionally, legal violations that jeopardize green card status need not be criminal. People have been deported for committing civil offenses that required no jail time.