For Immediate Press Release
April 16 2016 Newark CA – We would like to bring to you a pressing story because it is affecting the lives of 1500 to 6000 foreign students. The story has been mostly unfolding as a that of a big and successful sting operations conducted by the Department of Homeland Security in catching 21 “criminal” brokers who were taking advantage of the system. While the story might be true against the defendants mentioned in the complaints from the Justice Department (see page http://bit.ly/unnjjusticedept), the issue for students who attended UNNJ are totally different. Many of them are now without immigration status, facing deportation or even in detention.
The two stories from Buzzfeed and India West show a different picture of the situation. Our law firm is also seeing a different picture of the situation.
The entire government operation was a very intriguing sting operation. We have been receiving hundreds of calls in the past week. As we hear the story of the students and their versions of situation, it seems that there are a lot of flaws in this operation. Entrapment is the word that comes to mind. In Jacobson v. United States, 503 U.S. 540, 548 (1992). “Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct – Mathews v. United States, 485 U.S. 58, 63 (1988). In UNNJ situation, many of the elements of the Jacobson and Mathews are present.
Moreover, we were dealing with an institution which under the federal law was operating legally including issuing valid student visas until it was shut down. This means it was a ‘legal impossibility’ to be violating the law if you just “attended” the school. The visas were genuinely issued and the students honestly believed they were compliant. It is scary precedence because if the same sting operation is applied to the DMV, whosoever applies for a license at this particular DMV can find themselves driving without a license because they violated traffic rules. Remember the school just like DMV is set up by the government.
There are many questions unanswered in the UNNJ situation. We have been dealing with situations where students are just receiving a deportation letters even though they have already transferred to other schools. Others are still in custody. I think the government should not issue blanket deportation orders and ultimately to those who were victims, a U visa should be issued especially those who have been victims of the brokers. We hope the DHS and the government realize that there are many flaws to this operation and will remedy to the situation. Many were just wrongfully “trapped”, See all the updates here including student comments.
Therefore we call on the members of the press to actually investigate the situation and find out what actually happened in the infamous UNNIJ situation.
37600 Central, Ste 202
Newark CA 94560