A rarely-used segment of U.S. law may help immigrants in deportation proceedings. The provision adds strength to cases of undocumented immigrants who passed unquestioned through U.S. border checkpoints. Some legal experts believe the effect on immigration court cases will be negligible. Other specialists contend that thousands of immigrants with problematic residency status could benefit.

Enforcement of the law gained notoriety two years ago, when a federal immigration appeals board decided that an undocumented immigrant entered the country legally in 2001.

The woman was a passenger in a car driven by a U.S. citizen, who was her husband. The border patrol made no attempt to stop the woman or question her legal status. The appeals board ruled the woman had been legally "inspected and admitted" and did not deport the immigrant.

A similar case was decided recently. A 32-year-old immigrant, a native of Mexico, brought to the U.S. illegally by his parents 20 years ago, was granted legal residency. The immigrant married a U.S. citizen 10 years ago and became the father of three. The immigrant fought deportation from a jail cell for seven months.

Legal counsel used the "inspected and admitted" provision to show that the immigrant entered the U.S. legally through a border crossing at age 12. Attorneys also convinced the court that the immigrant's family would suffer extreme financial hardship, if the husband were deported.

A professor from the McGeorge law school estimated that half of all immigrants do not attempt to cross into the U.S. illegally. Instead, the undocumented immigrants are waived through official checkpoints.

The portion of immigration law dealing with legal entry so far has helped immigrants with immediate family ties to the U.S. Legal observers are waiting to see how the rule applies in deportation hearings with other circumstances.

Source: sacbee.com, "Immigration law's wrinkle keeps man in Davis, may help others," Stephen Magagnini, Jan. 18, 2012