Should DREAMers self deport to legalize?

As you are aware, many DREAMers have exploited a loophole in advance parole to erase the EWI black mark on their immigration record.  The actions of DREAM9 have also shown that Obama Administration is hinting that asylum is an option if you do not have a case.  So is it legally advisable for DREAMers to consider self deportation, and then file a petition for asylum in the United States.  Clearly, if the United States Government thinks that Mexico is torturing and persecuting its own citizens just because of their ties to the United States, things in Central America are similar to war.

For whom self deportation is an option?  Clearly, if you were deported and are stuck in your native country, there is nothing to lose by trying to seek asylum in the US by essentially preparing the paperwork and showing up at a land crossing in Mexico.  Similarly, for those undocumented immigrants who came after the cutoff date for RPI status or do not have the documentation to support their presence here, since they will also not be covered by CIR, this is clearly an option to consider.  Yes, you be stuck in jail for months/years but you may also be released and be free to work legally, have a driver's license, and live a normal life.  That is exactly what DREAM9 by leaving the US.  They no longer have to care whether Comprehensive Immigration Reform passes or not because most likely they will get their green cards.


 

What are the risks of self deportation?  As anyone who has read the eligibility requirements for DACA or RPI knows that presence in the United States on a certain date is a must and so is that you did not leave the US during this time.  So by voluntarily leaving, you are creating a problem there, but if you do most of the preparation before walking into Mexico and spend only a few hours or even days in Mexico, you maybe able to exploit the loophole about brief and innocent absences (while many legal scholars will not consider it innocent if you leave deliberately with the aim of pursuing an asylum, the undeclared message from the Obama Administration is that they will look the other way as long as the immigrants are exploiting loopholes).  In other words, the risks are very small for a group of DREAMers and if you have an attorney working with you, it is possible to become legal without waiting for Congress to act.