AILA: Latest BIA Ruling Pulls Rug Out from Under Families, Workers, and Dreamers

WASHINGTON, DC – Yesterday, the Board of Immigration Appeals (BIA) within the Executive Office for Immigration Review (EOIR) issued a decision in Matter of Delcarmen-Lara which overrules Matter of Arrabally and Yerrabelly, upending 14 years of settled immigration law. 

AILA President Jeff Joseph stated, “This ruling flipflops on 14 years of well-settled law and policy. This decision punishes people for following the rules and jeopardizes people who have well-established lives in the U.S., including Dreamers protected by the Deferred Action for Childhood Arrivals (DACA) program, people with Temporary Protected Status (TPS), and the immediate family of U.S. citizens with pending applications for their green cards. The new decision puts people at risk of being barred from the United States and separated from family for years if they leave and then try to re-enter—even if they have paid for and been granted permission to travel. The 2012 Arrabally and Yerrabelly decision that’s now been overruled shielded these populations from laws that would bar them from returning if they had previously been in the country unlawfully and then had to leave the United States. Lawmakers on both sides of the aisle have concluded those ’unlawful presence’ bars enacted in 1996 are counter-productive and sought their repeal because the bar created a disincentive to legal immigration. With Arrabally now gone, those affected will not be able to leave the country to see their families, attend funerals, or for education or employment purposes. This Administration keeps pulling the rug out from under families and workers trying to do the right thing. The Administration is going after people who are trying to comply with the law and who most Americans believe should have the opportunity to stay.”

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.