Update August 07, 2012: New information details voluntary deferred action for those who have never been in deportation proceedings. Read more here. http://bwnews.us/2012/08/06/who-and-where-the-dreamers-are/
(bw) WASHINGTON, D.C.- U.S. Homeland Security Secretary Janet Napolitano announced on June 15, 2012 that new procedures would be in place for immigration deportation proceedings deferment for certain young immigrants.
“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”
Six years ago, Republicans were arguing for a similar immigration reform. President Bush proposed a work visa program allowing anyone with a job, or work sponsor to apply for legal work permit in the United States. At that time this was believed to be the right thing to do; but, the plan was rejected.
Representative Tom Tancredo, (R- Colorado) believed that, “Neither Mexicans nor anyone else will go through the hassle and paperwork of seeking legal jobs as long as the border is porous and employers can ignore the laws without impunity,” a statement recorded in a 2004 report from Fox News.
However, the Pew Hispanic Center reported 2010 immigration hit net zero in the USA. in addition to the highest deportations in our nation’s history in the last four years, and there are more boots on the Southern Border than any time in history.
This policy is not a huge adjustment for the USA, and it’s not a permanent fix. President Obama had already implemented policies asking immigration proceedings to focus more on criminal activity than students resulting in deportation of criminals up to 80 percent and now the Department of Homeland Security will completely halt all deportation proceedings for eligible individuals who do not present a risk to national security or public safety. They can request temporary relief from deportation and apply for work authorization.
However, the immigration statute only holds deportation proceedings for qualifying people for a two year period and lacks the DREAM Acts pathway to citizenship.
“Precisely because this is temporary, Congress needs to act. There is still time for Congress to pass the DREAM Act this year, because these kids deserve to plan their lives in more than two-year increments. “
The Federal DREAM Act has gotten media attention across the country for Polarizing major U.S.A. political parties on Immigration reformation. The DREAM Act failed to pass in 2009 when it was originally introduced. In 2010 it died 5 votes short with the Democrat majority House of Representatives passed but the Senate majority Republicans rejecting it. Recently, in 2011, Democrats in both the House and Senate re-introduced the DREAM Act. Both Bills continue to await Congressional action.
“And as long as I’m President, I will not give up on this issue, not only because it’s the right thing to do for our economy — and CEOs agree with me — not just because it’s the right thing to do for our security, but because it’s the right thing to do, period. And I believe that, eventually, enough Republicans in Congress will come around to that view as well.”
President Obama received support from California Democrats Senator Barbara Boxer and Congressman Cardoza.
“I applaud President Obama for helping these talented young people continue to contribute to the country they call home. It was the right thing to do, and now Congress must take the next step by passing comprehensive reforms that will fix our nation’s broken immigration system,” Said USA senator Barbara Boxer.
“There is still a lot of work to be done, but I believe this is a positive step in the right direction, especially for many young people throughout the Central Valley who are here illegally, but have the same hopes and dreams as any other young American,” said Congressman Cardoza.
According to Raoul Lowery-Contreras who writes editorials in support for the Republican Party, “The Obama policy is essentially Florida Senator Marco Rubio’s [R-FL] version of the defeated Dream Act.”
Marco Rubio, a Vice President contender for Presidential hopeful Mitt Romney approved of Military service persons to have a legal standing in the United States, but not a pathway to Citizenship.
The Mexican Consulate in Sacramento announced their approval, “This announcement is an important recognition of the positive social and economic contributions to the United States of thousands of young immigrants.” The Mexican Consulates in the U.S. will continue to pay close attention to the development of this measure which could, once the circumstances are analyzed on a case by case basis by the immigration authorities, potentially benefit Mexican nationals. Additionally, the Mexican Consulate warns, ”In order to avoid scams and abuses, we invite the Mexican community to remain informed of this process, and to resort to the information made available by the Department of Homeland Security and other governmental sources.”
Since the statute only applies to those already in deportation proceedings, and is only guaranteed for two years, it is recommended that young people who qualify talk with a licensed lawyer first – a notary is not a licensed lawyer in the USA.
The qualifiers are as listed for the deferred action as declared on June 15th:
1.) came to the United States under the age of sixteen;
2.) Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3.) Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4.) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5.) Are not above the age of thirty.
The memorandum further clarifies eligibility:
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted.The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.