Immigration Enforcement Run Amok in Buffalo, NY

"Buffalo Field Office Director Michael T. Phillips has just denied a request for prosecutorial discretion, which if granted would have allowed Ben Sangari, a citizen of the United Kingdom, to apply for a Green Card pursuant to his marriage to his United States citizen spouse Arlita McNamee Sangari. Mr. Sangari entered the U.S. on May 30, 2014, under the visa waiver program that allows nationals of certain countries to come to the U.S. without having to apply for a visa through the Department of State. His visitor status expired on August 27, 2014. 

Mr. Sangari overstayed his visitor status by a couple of weeks after he asked for his wife's hand in marriage. The couple was in the process of collecting all the necessary documentation needed to apply for his Green Card when Mr. Sangari was encountered during a routine traffic stop in the suburban Buffalo, New York area. He was taken into custody by Customs and Border Protections, and then turned over to Immigration and Customs Enforcement where he has remained since September 22, 2014. Because he faces an imminent threat of removal, the couple were forced to marry from inside the Buffalo Federal Detention Center in Batavia, New York.

Unfortunately, because Mr. Sangari came under the visa waiver program, other than a limited exception, he is not entitled to a hearing before an immigration judge and his fate is decided by the local district director who maintains sole discretionary authority to decide if he wants to deport him, or allow him to apply for a green card as a result of his marriage to a United States citizen. 

Despite the overstay of his visitor status, Mr. Sangari remains eligible to apply for his Green Card inside the country pursuant to a policy memorandum that specifically provides for this scenario. This memorandum has been ignored by Field Office Director Phillips, who instead based his denial of our request for relief entirely on the fact that he deemed Mr. Sangari a deportation priority due to the recency of his immigration violation, despite the fact that the Obama administration has specifically identified individuals such as him as a low priority for removal.

It should be noted that Mr. Sangari is a respected business man and philanthropist holding a Bachelor of Science degree with honors in physics from the University of London. He sits on the Board of a trustees of the Eisenhower foundation, formerly chaired by Henry Kissinger, and now by General Colin Powell. The Eisenhower Fellowships’ primary mission is to inspire leaders around the world to challenge themselves, to think beyond their current scope, to engage others, including outside of their current networks, and to leverage their own talents to better the world around them. 

Mr. Sangari has also been an invited participant in President Bill Clinton’s Global Initiative, which convenes global leaders to create and implement innovative solutions to the world's most pressing challenges. In a letter dated October 22, 2009, President Clinton wrote “Your presence symbolizes an unwavering dedication to empowering our communities and building a stronger future for our world. I was inspired by your ideas, your initiative, and most importantly, your hope.” High praise indeed.

The following letter is a plea written by Mr. Sangari's wife Arlita. The couple has asked me to share it here in the hopes that it will bring attention to their case, as well as serving as a warning that the memorandums of the Obama administration are not being implemented on a local level, and that families are being destroyed in the process. ... " - Matthew Kolken, Oct. 14, 2014.