Tag Archives: DREAM

DACA In State College Tuition

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A judge in Maricopa County Arizona ruled on May 5 that immigrants granted deferred deportation status are eligible for in-state college tuition. This is a state court decision that will save thousands of dollars for DREAMers attending Maricopa County Community Colleges. Arizona is often the arena for contentious immigration litigation and legislation. Maricopa County is also the home of famed anti-immigration  Sheriff Joe Arapaio. This ruling could set a precedent for other schools and other states to level in-state tuition for their students with deferred action.

The basis of Superior Court Judge Arthur Anderson’s decision is that federal law determines who is lawfully present in the United States. Arizona has a voter-enacted law, Proposition 300, which demands that individuals seeking a federal, state, or local public benefit must submit specific documentation to prove lawful presence in the United States. There are also prohibitions from Arizona’s controversial SB1070 law, which was largely but not entirety stricken down by the United States Supreme Court.

The DREAMers have been clamoring for comprehensive immigration reform that will grant them a pathway to citizenship, as long as they meet certain requirements. Their argument is that they were brought to the United States as young children and have grown up knowing themselves to be Americans. Many DREAMers are unaware of their status until they start applying for colleges and realize that they do not qualify for scholarships and federal benefits because of their status.

Deferred action is not immigration status that grants green cards or a path to citizenship. It is a temporary allowance of authorized stay without many benefits. Individuals can obtain work authorization. Deferred Action for Childhood Arrivals (DACA) was announced on June 15, 2012 and is available for periods of two years. Expanded DACA and Deferred Action for Parents of Americans (DAPA) are being challenged by 26 states in Texas v. United States. The case is currently awaiting a decision in the Fifth Circuit after a federal judge in Texas blocked implementation of the programs because they were announced without following the Administrative Procedural Act’s Notice-and-Comment.

Executive Order – Millions of Immigrants Could Stay and Work

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Work Authorization for 5 Million Unauthorized Immigrants

 

Although President Obama is currently globetrotting around Asia, his immigration policy as it pertains to people in the United States is grabbing national headlines. Obama promised an executive order (history of executive actions) on immigration in September. This was in response to two developments. The first was the inability of the House of Representatives and Senate to agree on comprehensive or piecemeal immigration reform, even though the prospects of immigration reform were imminent after the 2012 general election. Immigration reform is a broad term that includes border security, pathways to residency and citizenship for undocumented migrants, and changing aspects of our immigration system, be it employment- or family-based.

 

After two years of legislative inertia and grandstanding, it is painfully obvious that immigration reform will not occur through Congress. A stalemate was also achieved in 2007, when President Bush and Senator McCain supported plans resembling the DREAM Act were halted by virulent opposition. The president did not issue an executive order prior to the election, as cowering Democrats supplicated him not to, fearing that their party association would tarnish their election chances.

 

Many of those electorically-driven Democrats have been voted out of office in favor of a more Republican Senate and House that is vocally opposed to Obama’s forthcoming actions on immigration. While promising to do whatever lawful actions possible to improve the immigration system, the president will be unveiling a plan for protecting up to five million unauthorized immigrations from deportation and provide them with work permits. The protected will be parents of children who are American citizens or legal residents. The foundation of American immigration policy is family togetherness, so this comports with that goal. The parents will be able to obtain legal work documentation, not have to worry about living “in the shadows” with deportation threats, and separated from their families. According to media reports, the White House is debating whether that plane should be for people living in the United States for at least five years or at least ten. They are also hatching plans to extend protections to undocumented immigrants who came to the US as children, in the vein of a DREAM Act. An additional aspects of the order will expand opportunities for legal immigration possessing highly sought after tech skills, increase border security, and further mobilize a controversial enforcement program called Secure Communities. The 12,000 agents part of the immigration enforcement apparatus will receive clearer guidance as to who is a high priority and who is a low priority for deportation. Convicted criminals, foreigners who pose national security threats, and recent border-crossers will be the high priority threats.

 

The extra dimensions at play in this upcoming order are their connection to budget negotiations and the nomination of Obama’s Attorney General nominee, Loretta E. Lynch. Hopefully, the executive order will not be jettisoned for the sake of other political considerations. Immigration reform has been debated, resisted, weakened, delayed, imminent, and gridlocked over the past seven years. The president has promised an executive order, and it seems one is coming next week. The Law Offices of Andrew Wood is optimistic that this executive order will be beneficial and applauds this way overdue but critical action in alleviating the fears and burdens of millions of unauthorized immigrants. If the president follows through, this would be an excellent measure in providing relief to deserving millions.Immigration Reform Now!

November 2014 – Where Is Immigration Reform?

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And what of Immigration Reform?

November 2012 seemed to represent a sea of change in the immigration reform stalemate, tilting the balance in favor of comprehensive changes. Recalcitrant opposition at various points following the 2012 election seemed to have blunted any positive impact and in the last two years, all attempts to make comprehensive changes have fallen short somewhere in the legislative process. Many areas demand pressing reform: undocumented migrants (11-12 million), low caps on H1B visas, absurdly long processing times. Even piecemeal attempts have come up empty. An executive order possibility was shelved in September, possibly waiting until after the November 2014 midterm elections to make an appearance.

The executive order possibility was tabled for the sake of scared Democratic congresspersons who feared a presidential action on immigration injuring their chances at re-election. Democrats lost control of the Senate after holding it for eight years and ceded even more seats in the House, giving Republicans an even larger majority. With the Senate and House firmly in Republican control and the White House Democrat for the next years, the signs are inauspicious for immigration reform.

An executive order is promised, but whether that will be able to effect comprehensive change is questionable. President Obama’s June 2012 executive order – DACA (read more about DACA – Deferred Action for Childhood Arrivals –  here) – has been the most significant piece of immigration action recently, but it is only a nibble where a larger bite is required to attack the overall plate of problems.

President Bush and Senator McCain were maligned for supporting DREAM Act-esque immigration reform in 2007. Despite the widespread acceptance of the need to solve the myriad of immigration problems throughout the political spectrum, implacable and vociferous opposition seems poised to delay action even more. Considering the adeptness and fortitude that reformers have shown in their efforts to keep specks of immigration reform alive when prospects seem bleak, it is unwise to count on the door being shut on meaningful immigration reform. However, the optimism of November 2012 has definitely been eclipsed.

DACA Renewal Process Announced

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Secretary of Homeland Security Jeh Johnson announced the process for eligible individuals to renew their temporary status under Deferred Action for Childhood Arrivals (DACA) last week. DACA holders who successfully renew will be safe from deportation for another two years, continue work authorization, and, in most states, be eligible for a Social Security number and a driver’s license.

 

DACA was an executive action taken in June 2012 for undocumented individuals who lacked lawful status by virtue of immigrating illegally to the United States as children. To request consideration of DACA, an individual must: be under age 31 on June 15, 2012, have arrived in the United States before reaching 16 years of age, continuously resided in the U.S. from June 15, 2007 to present, be physically present in the U.S. on June 15, 2012, have no lawful status at that time, currently in school or have some schooling degree or veteran status, and not have committed a felony, a serious misdemeanor, or three misdemeanors.

 

Those who initially qualified two years ago can renew unless they have been convicted of certain criminal activity, departed the country without the government’s permission, or stopped residing in the United States. There are no age issues with renewal. Renewal demands an application, filing fee of $465, background check, and two applications for work authorization.

 

Timing is of the utmost importance for renewal hopefuls. US Citizenship and Immigration Services (USCIS) encourages candidates to file four to five months before their expiration dates to avoid a lapse. Lapse carries severe consequences, including a loss of work authorization and driver’s license. USCIS continues to accept new DACA applications.

 

The Law Offices of Andrew Wood commends our government for renewing this important process that helps people achieve DACA status, and is hopeful that in the future the DREAM Act will create a more permanent solution for DACA recipients. Until then, we echo President Obama’s statement that, “these kids deserve to plan their lives in more than two year increments.”

USCIS will be hosting a forum to guide candidates through the process later this month on June 18 and provides many online resources.

President Obama Announces Delay of Deportation Policy Review

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President Barack Obama directed DHS Chief Jeh Johnson to delay completing a review of deportation policies until the end of the summer. The overt purpose of this action is to allow Congress more time to act on comprehensive immigration reform this year. Immigration reform has been contemplated with various levels of intensity and feasibility over the past decade, with some recent crescendos in the past two years. Even with the vociferous advocacy to pass comprehensive immigration reform, legislation has not been passed. The primary contention point of immigration reform is granting a path to citizenship for 11.5 million undocumented immigrants who are illegally residing in the country. The current Senate bill includes that pathway and that “amnesty” process is unpalatable to opponents of reform.

 

Deportation has been a controversial issue during Obama’s presidency. President Obama has deported the most undocumented immigrants out of any president, but he has taken executive actions over the past two years to allay that number. The high rate of deportation, especially during Obama’s first term has attracted vocal disapproval from Latino pushing both political parties for comprehensive reform.

 

Pro-immigration reform groups released an open letter asking the President to delay executive actions and permit the House of Representatives more time to pass legislation. However, another coalition of pro-immigration reform groups responded with outrage at the lack of executive action, stating that 97,000 undocumented immigrants will be deported over the summer.

 

The American Immigration Lawyers Association responded to the announcement by exhorting the House of Representatives to act swiftly through the legislative process before executive action is taken.