© Farhad Sethna, Attorney, 2018
ICE uses Blatant Mischaracterizations (Lets call them Lies!) to revoke DACA!
In a scathing decision, a Federal District Judge overruled the DHS’ unlawful termination of the DACA status of three named “Dreamers”, highlighting the numerous discrepancies between the misdemeanor offenses that they were charged with and the way that ICE mischaracterized these offenses to strip these Dreamers of their DACA status.
See the entire decision at
Briefly, ICE revoked the Dreamer’s statuses, claiming, among other mischaracterizations, that one of the three dreamers (Robles) had a “Weapons Charge” when he did not – all he had was an issue regarding a suspended driver’s license. This outright mischaracterization is wrong for at least three reasons: (1) First, of all, its not true. (2) It elevates alleged misconduct to the level of a detainable felony; and (3) it wasn’t a conviction in a court of law, after a trial or a plea – it was just an alleged charge (which goes back to (1), above!)
The second named Plaintiff, “Moreira”, was accused by ICE of having been “arrested of Forgery, a first degree felony”. Again, an arrest, not a conviction. This charge was also baseless, as it was not the reason for Mr. Moreira’s prosecution. Based on these alleged criminal activities, Moreira was stripped of his DACA status without any opportunity to respond and explain.
Finally, the third named Plaintiff, “Arreola Robles” was initially arrested by ICE on charges of alien smuggling – a serious charge, indeed. But when ICE charged him with removal, it mentioned nothing about the alien smuggling allegation, and listed only his unlawful entry to the USA (as a child), as a reason for his removal. The entire case against Arreola Robles was therefore built around his unlawful entry to the USA, a situation which DACA was specifically designed to prevent. See the District Court’s Arreola decision here –
The common thread in all these three Dreamers’ stories is that ICE is reaching far and wide in its bid to strip DACA recipients from their status. USCIS has taken the position that as soon as a Notice to Appear is filed with the Immigration Court, USCIS will rescind DACA status, without notice or opportunity to respond.
This piles travesty of justice upon travesty of justice: The first travesty is that ICE makes up charges against Dreamers (and against aliens, generally); then, using these bogus charges, ICE files notices to appear. The second travesty is that USCIS, without even determining whether the charges were sustained, the Dreamers were convicted, or that the immigration court sustained the underlying criminal allegation, nevertheless revoked the Dreamer’s DACA status.
So – what’s a Dreamer to do?
The answer is to do as the named plaintiffs courageously did – stand up and fight! Don’t let the government make up stories to characterize Dreamers (and by extension, all aliens) as monsters. ICE has been shown to mischaracterize (and worse – outright lie) facts to support its decisions to detain and deport.
As the facts in the above decisions show, courts are quick to overrule bad administrative decisions, especially ones made arbitrarily and without clear evidence. Force DHS to come to court – force them to show their lack of evidence – and ensure that the rule of law and due process as guaranteed ALL people in the USA still prevails!
Copyright, Farhad Sethna, Attorney, 2018
Farhad Sethna has practiced law for over 25 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and used his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330)-384-8000. Please send your general immigration questions to AttorneySethna@immigration-america.com. We will try to answer as many questions as possible.