On Second Chances for Aggravated Felons

Among many aspects of immigration law and policy that are troubling, many of us have complained about the harshness of the 1996 amendments that preclude waivers to aggravated felons, even though they may have been longterm permanent residents who have been here lawfully since infancy. Those of us who have represented these individuals and who have practiced long enough to recall the possibility of 212(c) relief for such individuals prior to 1996 understand the importance of a second chance. Our clients made good on that relief, and thereafter led good, productive lives. Recidivism very seldom occurred after that.

The value of getting a second chance is something that we should embrace as human beings. Even cold-hearted Vice-President Dick Cheney recognized that in a 2002 speech he gave at Michigan State University upon receiving an honorary degree:

“One of the things I love most about our country is that we have such opportunities. There are places in the world where failure is final, and one early misstep will decide your fate forever. But America is still the country of the second chance. Most of us end up needing one. And when we’ve gone on to accomplish something, we can be that much more grateful.” His entire speech is here.

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