1

Shannon Henry
Professor Wright
ENC 3331
16 July 2016

A change in US drug law reform for legal immigrant first offenders.

 2

Table of Contents

Introduction ....................................................................................................................................3

Review of Literature .................................................................................................................. 3-5

Methods ...........................................................................................................................................5

Limitations ......................................................................................................................................5

Ethical Considerations...................................................................................................................6

Conclusions .....................................................................................................................................6

Bibliography ...................................................................................................................................7

Appendix ..................................................................................................................................... 8-9

 3

Introduction

In this proposal I will be looking at the current drug policy and how it impacts the lives of

incarcerated legal immigrants. Also, I wil be looking at how these new laws causes a ripple

effect leading to an increase in the number of deportation of legal immigrants who are first time

offenders. As the 4th of July has passed, I am honored to be living in a wonderful country and to

see how others have loved this nation so much so to lay down their life for it. America represents

freedom, opportunity and for many a place of rescue. As with most things, freedom comes at a

cost and for many legal immigrants that means everything. The current climate of America has

been changing rapidly from technology to science and lastly medicine. As these new changes

have evolved over time new policies are required and put in place to fit the current climate of the

nation and with it unintended consequences for many, in this case the American citizens and

legal immigrants.

Review of Literature

The new US drug reform has focused primarily on the “science” of addiction and its impact on

the individual and their families. After realizing the campaign of “War on drugs” has been

ineffective and has actually lead to a bigger issue: an overpopulation of the prison system.

According to WhiteHouse.gov, the government is “emphasizing prevention and access to

treatment over incarceration, pursing “smart on crime” rather than “tough on crime” approaches

to drug-related offenses…to break the cycle of drug use, crime, incarceration and re-arrest”. This

new approach is a healthier approach because it focuses on the well-being of the individual
 4

instead of what they have done. Yet this new reform has holes, producing unintended

consequences for many legal immigrants and have armed the Immigration services with

increased power to deport many people who have committed first time minor offences. Now I

can see how easy it is for many to ask, why should I care? Or they committed a crime,

deportation is the consequence; overall how does it affect me? The answer is – broken homes

and the welfare system.

What was once introduced as a rescue net under the “New Deal” it has become a marketplace

where, “single mothers have become increasingly dependent on government aid” (The

Medium.com). This has now been the lifeline for many Americans and in this instance, for

Mirtha Pellerano. Mrs. Pellerano’s husband, Francisco, is a legal immigrant and the bread winner

of the household who pled guilty for cocaine conspiracy and was sentenced to 51 months behind

bars. Once a stay at home mom of three kids, she “soon became a working single mother, relying

partly on food stamps and moved in with her mother” (The Guardian). Francisco’s sentence was

ultimately reduced to 10 months and deemed “not a threat to society” (The Guardian), and was

soon after released from prison. Yet instead of returning to his family, he was sent to an

immigration detention facility. Paromita Shah, the associate director of National Immigration

Project, stated “it is just absurd outcome…when a man who has a motion from the US attorney

who says he is not a threat to society is being viewed as a target for deportation by another

agency under the same executive branch of government” (The Guardian), there is a major

disconnect. Even though the new drug policy ruled out by that Obama administration has led to

the release of thousands of individuals for minor offences, the law has empowered immigration

officials to target free legal immigrants for deportation tearing their families apart, this not only
 5

increases the likelihood of the family needing financial assistance from the government but by

using deportation we are creating a generation of children that looks to the welfare system as the

“breadwinner” which is in a sense the American people.

Methods

My first strategy would be to distribute surveys at the UCF campuses which will contain

statistics in the form of a questions. For a sample of the survey please refer to Appendix 1. I

chose the UCF campuses because a majority of the students attending are or have family

members that are legal immigrants. This will spark conversation at home but also in their minds

to raise awareness for those who are unaware of the growing issue. I will also analyze the new

drug policy and the immigration laws by using content analysis in order to find the loop hole

between the two policies which the legal immigrants are feeling the consequences. Also I will

look at the wording of the documents that causes the differences in legal representation between

legal immigrants and citizens. Also I will attempt to and attempt to interview a representative

from the immigration services in regards to the new changes in the drug policy and find out what

changes have been made to accommodate the new drug policy. In addition to this, I will conduct

interviews with an immigration lawyer to find out the limitations he/she faces when helping a

client and ask for their recommendations on how to best address the issue to find a healthier

solution.

Limitations

If I focus my study on UCF college students it may not produce the results I would like because

the warrant or relevance to the subject does not line up with their socioeconomic status. Also, the

topic I chose may be too large to cover effectively within the short amount of time.
 6

Ethical Consideration

Each person interviewed would be given an informed consent form to fill out at the beginning of

each session in order to reaffirm their rights as the interviewee and to help build credibility in

terms of the logos.

Conclusion

America has offered many the freedom and opportunity to make decisions and for some, this

path is not so clear. As many citizens have the opportunity the opportunity to walk and fall my

hope is that legal immigrants would have an opportunity at redemption. With a more current

change to the immigration laws we as a nation can build a healthier America for future

generations.
 7

Reference

1. The White House.(2014).A Drug Policy for the 21st Century. National Drug Control
Policy Retrieved from:
https://www.whitehouse.gov/ondcp/drugpolicyreform
2. Feltz, R. (2016). Immigrant facing deportation could be first to benefit from US drug law
reform. Retrieved from
https://www.theguardian.com/us-news/2016/mar/28/immigration-drug-
sentencing-laws-prison-junior-francisco
3. Human rights watch. (2015). US: Drug Deportation Tearing Families Apart. Spike in
Cases, Many for Minor Offenses. Retrieved from
https://www.hrw.org/news/2015/06/16/us-drug-deportations-tearing-families-
apart

4. Winfree, L.P. (2015). The Unintended Consequences of Welfare Spending. Culture and
Opportunity. Retrieved from
https://medium.com/2015-index-of-culture-and-opportunity/total-welfare-
spending-63802c3b021b#.g8dewxufj
 8

Appendix
1. Sample Survey:

Did you know??

This survey is designed for you to test your knowledge on one of the very hotly debated
topic in America – Immigration and the deportation system with a focus on legal
immigrants.

1. The top five states that have the most immigrants are California, Texas, New York, Florida
and New Jersey.

True O Unsure O False O

2. Which state has the most immigrant in the United Stated?

Florida O Texas O New York O California O New Jersey O

3. “Under the Obama administration deportation rose to 22% for legal immigrants, whose most
serious conviction was a drug offence.”

True O Unsure O False O

4. “As a legal immigrant you will be deported if you have been arrested many times without
facing a conviction.”

True O Unsure O False O

5. Which crimes are deportable?

A. A drug related crime
B. An aggravated felony
C. Two or more crimes which involves a
misconduct in justice and good character
D. A & B
E. All of the above

6. “Marijuana possession was the fourth common cause of deportation for any crime, and the
most common cause of deportation for crimes involving drugs.”

True O Unsure O False O

 9

7. “Even if you are able to prove that you can become a citizen, to avoid deportation, if
you are up for deportation, you will still be removed.”
True O Unsure O False O

8. Scenario: “Your brother/father recently completed a jail sentence and was

immediately taken into custody by the INS (Immigration and Naturalization Services).
Will he be released?”
Yes O Unsure O No O
9. Do you think the Justice System should be more lenient to legal immigrants for first
time drug offences?
Yes O Unsure O No O
10. Do you know anyone that may be an immigrant?

Yes O Unsure O No O

General Comments:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________