President Obama's Executive Action on Immigration (part 2)

The majority of the publicity surrounding President Obama's Executive Action last week is concerned with the relief it gives to undocumented immigrants. Contrary to some reports, the proposals do NOT offer any amnesty or path to citizenship, and are just temporary measures.

1. DACA (Deferred Action for Childhood Arrivals) Expansion.

In June 2012, President Obama announced that some undocumented people, who had come to the US as children, would not be deported. These people are sometimes referred to as "Dreamers" after a proposed bill called the Development, Relief, and Education for Alien Minors (DREAM) Act.

Obama's Executive Action expands the relief available as follows:

• Removes the upper age limit on who can apply for relief. Currently, applicants must have  been under 31 on June 15, 2012.
• Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.
• Extends the deferred action period and employment authorization to three years from the current two years.

The USCIS website explains the former requirements for DACA.

1. -    Were under the age of 31 as of June 15, 2012;
2. -    Came to the United States before reaching your 16th birthday;
3. -    Have continuously resided in the United States since June 15, 2007, up to the present time;  
4. -    Were physically present in the United States on June 15, 2012, and at the time of making your request         for consideration of deferred action with USCIS;
5. -    Had no lawful status on June 15, 2012;
6. -    Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. -    Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

All except the first and third criteria still apply.

USCIS may begin accepting applications approximately 90 days from November 20, 2014

2. Relief for Parents of Permanent Residents and Citizens

The most controversial element of Obama's proposals allow for the undocumented parents of US citizens or permanent residents to get work authorization and relief from deportation for 3 years. Applicants will need to register, submit biometric data, pass background checks, pay fees, and show that their child was born before November 20, 2014.

The requirements are:

• Parent must have continuously resided in the US since January 1, 2010;
• The US citizen pr permanent resident child was born on or before November 20, 2014;
• Parent must not be a high priority for removal (deportation), as explained in this DHS Memo;
• Parent must pass a criminal background check;
• Parent must pay any unpaid taxes.
  

 
USCIS may begin accepting applications approximately 180 days (6 months) from November 20, 2014.

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For more information, please see the
DHS Memorandum on Deferred Action
DHS Memo on Secure Communities Program
Part 1 of this article