Emails, Jessica M. Vaughan, director of policy studies, Center for Immigration Studies, June 24 and July 2, 2014

-----Original Message-----

From: Selby, Gardner (CMG-Austin) [mailto:wgselby@statesman.com]

Sent: Tuesday, June 24, 2014 5:33 PM

To: Jessica Vaughan

Subject: RE: Re:Reference document

Is the Notice to Appear the same as amnesty? Why or why not?

8 p.m.

June 24, 2014

The problem is that different people have different definitions of amnesty.  I would consider amnesty to be like a pardon and absolution of whatever crime, offense or sin someone committed that allows them to escape consequences for it.  In that sense, no, an NTA is not amnesty because the person is offered the opportunity to appear in court and argue why they should be allowed to stay in the US legally.  They are not absolved, they are allowed argue for relief, which may or may not be granted.  Some might say that in the case of the Central Americans, issuing NTAs is a de facto amnesty, because the illegal crossers are allowed to stay and given the opportunity to disappear into US communities.  However, they are not truly excused, they do not have permanent status yet, and they could be deported (and would be) if ICE agents were allowed to follow the law.  The UACs have a better shot at permanent residence than the families, but neither group is truly absolved of their illegal entry crime until a DHS agency official or an immigration judge makes a decision on their case.  Whether or not this mass issuance of NTAs turns into a de facto amnesty remains to be seen and depends on how aggressively the Obama administration manages these cases.

If they just throw them into an already dysfunctional immigration court system, it's just an enforcement charade.  If the people with NTAs are issued work permits and made eligible for other benefits, and ICE agents are prohibited from removing them before hearings, then we are moving closer to amnesty territory, but I think it's premature to call it an amnesty at this point.  Jessica

1:49 p.m

July 2, 2014

Most of the kids are coming because their parents made arrangements because they understand that the kids will be released to them with no questions asked, no risk to the parents or kids of enforcement.  The parents don't know about the legal issues, just the results, until the kid is provided with a lawyer to ask for asylum or special juvenile status. On my way home, can talk more or email more later if needed. Jessica