Opinion: Supreme Court gives immigrants a little leeway

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You can thank (or malign) the Supreme Court for decreasing the number of illegal immigrants -- not with fancy fencing but with a rule switch.

In a 5-4 decision today, the court decided (pdf) that an illegal immigrant who has agreed to depart voluntarily can instead stick around while trying to get approval to remain in the U.S. (Voluntary departure grants the immigrant some privileges -- they are likelier to be allowed back into the states, for example.) The ruling will make it easier for immigrants who find themselves a few documents short of legal status and want to get their papers in order even as their visas lapse.

Prominent immigrants’ rights lawyers and advocates filed in favor (pdf) of the man at the center of this case, Nigerian Samson Dada, who overstayed a tourist visa and married an American, but couldn’t get a visa as a citizen’s spouse. That story probably won’t win sympathy with those inclined to be tough on illegal immigration. But as the advocates note, voluntary departure is a confusing and unclear process for the immigrant agreeing to it (sort of like the entire visa regime). And, regardless of whether an immigrant leaves of his own will or reopens his case, the government avoids deportation costs. Most significantly, with this ruling, the Supreme Court has ensured that the U.S. sticks to the stated goals of its immigration policy: granting valid claims for residence and keeping families together. (As the advocates note, one-third of unauthorized immigrant families have mixed status.)

You can find some more documents and background here and here.