August 03, 2012

Deferred Action Update Today!

Homeland Security officials are holding a teleconference today in Washington at 2p.m. Eastern time to give an overview on the Deferred Action for Childhood Arrivals process. After the teleconference we will post all the new information on our Deferred Action for Dreamers Blog.

July 18, 2012

Coalition Seeks to Block 2(B) of SB1070


Recently the Supreme Court overruled section 3, 5(C), and 6 of SB1070, while upholding section 2(B), also known as the “papers-please” portion of SB1070.  Section 2(B) essentially instructs state officers to determine an individual’s immigration status when that person is stopped, detained, or arrested if there is suspicion of that individual being an undocumented immigrant.  Although 2(B) claims that Arizona officers “may not solely consider race, color or national origin”, it seems nearly impossible to avoid considering race, color, or national origin while try to uphold section 2(B).  

A combination of civil rights groups, religious leaders, and business organizations filed a request asking U.S. District Judge Susan Bolton to block the enforcement of 2(B).  The coalition argues that “papers please” will disproportionately affect Latinos in Arizona.  

July 11, 2012

Interview by Randall Caudle was Featured on "Preparing to Represent Deferred Action Clients"


Randall Caudle’s interview with Politic365 was featured in the AILA Article, “Preparing to Represent Deferred Action Clients.”  In Randall’s interview he warned potential deferred action applicant to stay away from notarios.  He also encouraged potential applicants to gather their medical, school, and financial records to prove that they meet the requirements for deferred action. 
To view Randall’s interview please visit:

Helpful Websites for Deferred Action Information


The following blog offers 11 helpful websites regarding deferred action.  For example, one website suggests avoiding applying for deferred action if the applicant has a criminal record.  Those with a criminal record have the chance of being detained and placed into deportation proceedings.  Other websites offer a variety of the basic FAQ’s. 

July 09, 2012

Supreme Court Ruling on SB1070


One June 25, 2012, the Supreme Court of the United States overruled the majority of Arizona statute, Senate Bill 1070, regarding it as unconstitutional.  One of the three sections of SB1070 to be overruled was section three, which essentially makes it a state misdemeanor for immigrants to not carry their alien registration documentations at all time.  The third clause was overruled on grounds that the state law infringed on the rule of the federal government.  Arizona has made claims that the third clause is constitutional, on the grounds that the provision seeks to enforce federal law under their standards.  This is certainly not the case.  Under federal law, the failure to carry alien registration papers is a misdemeanor that can result in fines, imprisonment, or probation.  Under the third clause of the Arizona statute, consequences of probation and pardons are thrown out.  Therefore, the state of Arizona sought to implement their own laws on federal matters, infringing on the rights of the federal government.

 The Supreme Court also overruled section 5(C), which makes it a criminal penalty for undocumented immigrants to work or seek work in the state of Arizona.  While 5(C) intends to uphold federal law by deterring unauthorized immigrants from working unlawfully in the United States, 5(C) infringes on the power of the federal government by conflicting with the Immigration Reform and Control Act of 1986. IRCA ultimately made it a criminal penalty for employers to hire, recruit, refer, or continue to employ unauthorized workers.  Unlike SB1070, IRCA does not impose criminal penalties upon undocumented immigrants who work or seek work in the United States.  Even though SB1070 seeks to enforce federal laws, it does so in a manner of different enforcement.  Therefore, SB1070 5(C) infringes on the power of the federal government, and the Supreme Court was justified in overturning the clause. 

Section 6, the last section of SB1070 to be overruled by the Supreme Court, gave state officers the power to arrest any person the officer believes has committed a public offense which makes him removable from the United States.  Like section 3 and 5(C), section 6 also conflicts with federal government ruling.  When undocumented immigrants are stopped, they should not immediately be detained or deported.  Instead, a federal official will give the undocumented immigrant a Notice to Appear, which gives the individual information on the proceedings and the date and time of their removal hearing.  If an undocumented immigrant does not attend his/her hearing, an in absentia order will direct removal.  The federal statutory structure explains when it is acceptable to arrest an undocumented immigrant during the removal process.  If an undocumented immigrant is ordered to removal after their hearing, they will be issued a warrant by the Attorney General. The warrant must be issued by a federal officer. Section 6 gives power to state officers to conduct arrests without Federal Government consent, which would result in the State’s own immigration policy.  Only the federal government can decide which undocumented immigrants may be detained and removed.  

Unfortunately, 2(B) of SB1070 was upheld by the Supreme Court.  Section 2(B) instructs state officers to determine an individual’s immigration status when that person is stopped, detained, or arrested for a legitimate reason if there is suspicion of that individual being an undocumented immigrant.  Thankfully, there are three limitations to section 2(B). First, an individual who is detained is assumed to not be an alien if he/she provides a valid Arizona driver’s license or similar identification. Second, officers cannot take race, national origin, or color into consideration.  Third, 2(B) must coincide with federal law by protecting the civil rights of all people while respecting the privileges of US citizens. 

July 06, 2012

The TRUST Act

On Thursday, July 5, the TRUST Act was approved by the California senate.  The TRUST Act challenges ICE’s dependence on local police officers to detain those who are suspected of being undocumented immigrants for deportation review.  The TRUST Act would ensure that once undocumented immigrants were eligible for release, they will not be detained for an immigrant hold unless the individual committed a serious or violent felony.  The continued detention must not conflict with federal, state, or local law.  

June 29, 2012

Shoba Sivaprasad Wadhia on Deferred Action


Shoba Sivaprasad Wadhia, the founder/director of Penn State’s Center for Immigrants’ Rights, has written a blog expressing her approval of the new immigration policy, calling the announcement made by Obama “a rare combination of good politics and good policy.”  Wadhia goes on to say that transparency is necessary when it comes to deferred action.  There should be a well-defined process for those who wish to apply for deferred action.  Transparency will ultimately lead to consistency in outcomes.  Wadhia also suggests that written decisions should be given to those who are denied deferred action.  

To read more of Wadhia's thoughts and suggestions on deferred action, please visit: http://lawprofessors.typepad.com/immigration/2012/06/deferred-action-in-immigration-law-the-next-generation-by-.html

June 28, 2012

Randall Caudle's Interview on Deferred Action on Politic365


Those who qualify for deferred action must be on the lookout for scammers known as “notarios,” who wish to steal money and time from the DREAM-act eligible immigrants.  Many notarios claim to hold the same power as immigration attorneys, but that could not be further from the truth.  Notarios often claim that they can help their clients through a faster process in receiving visas and green cards but it is all essentially a scam in order to steal money.  It is important to note that there is not yet a process in which a person can file for deferred action! Notarios are not attorneys and they cannot help a person who would like to receive deferred action.  According to Randall Caudle on http://politic365.com/2012/06/27/dream-act-related-fraud-already-running-rampant/, the only steps an individual can take at the moment are the following:

1.Collect documents that prove you were in the United States before June 15, 2007 and documents that prove you have been living in the United States continuously for the past five years.
2.Collect your passport and birth certificate.
3.Do not commit any crimes.

Further Information on the New Immigration Policy


Those are eligible for deferred action includes men and women who have been honorably discharged from the Coast Guard or Armed Forces.  It is important to note that an individual under the age of 31, who has been honorably discharged from the Coast Guard or Armed Forces, would also be eligible for naturalization, and not in need of deferred action.

An individual who has been convicted of a felony, significant misdemeanor, or three or more misdemeanors does not qualify for deferred action.  The Department of Homeland Security has not yet announced whether or not juvenile adjudications will be considered criminal convictions under deferred action.  One will also be denied deferred action if he/she appears to be a threat to national security or public safety; this includes gang and other criminal participation.

Since USCIS has not yet created a process for deferred action, we are still unsure of what will happen to those who were denied deferred action.  Applicants should be warned that by applying for deferred action, they are essentially documenting their removability to a government agency.   If a person is denied deferred action, this can ultimately start removal proceedings.

Other helpful facts:

Those who are under 15 years of age, but otherwise meet all of the requirements, may apply for deferred action once they are 15 years old.   

One who is denied deferred action may not appeal their case.  Instead they must call or email the ICE Office of the Public Advocate at 1-888-351-4024 or EROPublicAdvocate@ice.dhs.gov.

http://www.legalactioncenter.org/sites/default/files/dreamers_practice_advisory_6_28_12.pdf

June 25, 2012

New Details on Deferred Action!


Although the details of forms and fees are not yet known, it would be wise for those who would like to apply for deferred action to fill out the G-325A form from the USCIS website. You can download the form at the following link:  http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a0e747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

A birth certificate will most likely be needed to prove that an applicant is between 15 and 30 years old.  Although an applicant will be able to submit a passport, that will most likely not be enough evidence, seeing as though passports are often thought of as unreliable.

An individual who wishes to apply for deferred action must also prove that he/she lived in the US continuously between June 15, 2007 and June 15, 2012. School, employment, medical, immunization, and insurance records could all be used as evidence to prove that an individual continuously lived in the United States.  Rent/utility bills, assentations by churches or other organizations, passport entries, and social security records would also be helpful for this process.

There has still not been an announcement concerning the number of documents an applicant will need when being reviewed for deferred action, but it is believed that a combination of various documents from each year will be sufficient.  

If an applicant left the United States during June 15, 2007 through June 15, 20012, the applicant must prove that the leave was only for a short period of time.  Hotel receipts, passport entries, and evidence of the purpose of travel will all help in proving that the applicant’s trip was brief. 


For further information visit the following site:

Steps to Take while Waiting for Details on Deferred Action

No one has all the details on Obama's new immigration policy, but until the official word is released on how to apply, there are steps that one can take if he/she believes that they qualify for deferred action.  Keep gathering and collecting documents that prove that you came to America under the age of 16 and that you have resided in America for the past five years.  You will also need a birth certificate which will prove that you were under the age of 31 as of June 15, 2012.  Also, sign up for updates at http://action.dreamactivist.org/update/ which will keep you up to date on new information concerning the immigration policy.

For more information visit:
http://www.dreamactivist.org/8-things-you-can-do-while-we-await-uscis-implementation-of-deferred-status-for-dreamers/

Supreme Court Ruling on SB10


In 2010, Arizona Governor, Jan Brewer, signed Senate Bill 1070 which essentially gave police officers authority to pull over, stop, and question the legal status of any person who looked suspicious of being an undocumented immigrant. SB1070 also made it a state crime for undocumented immigrants to be in Arizona without a federal immigration document. Fortunately, over two years since Governor Brewer signed the bill, SB1070 has, for the most part, been shot down by the Supreme Court. First, the Supreme Court ruled against part 3 of SB1070, which makes it a misdemeanor for immigrants to fail to apply for immigration papers.  Second, the court ruled against section 5C, which makes it illegal for undocumented immigrants to work or seek work in Arizona.  Finally the Supreme Court ruled against section 6, which allowed state/local authorities to arrest non-citizen suspects who did not carry proper documentation, which could ultimately lead to deportation.  The Supreme Court did not over turn the fourth clause SB1070, which allows police officers who pull over a person for a crime, to question the legal status and ask for documentation.  Although this is not a total victory, it is not a total loss for those who live in Arizona without documentation.  This ruling is definitely a step in the right direction.  http://www.as-coa.org/articles/4246/Supreme_Court_Rules_on_SB_1070_amid_Immigration_Policy_Shift/

June 22, 2012

More Answers on Deferred Action


If you were curious or think you may be eligible for deferred action, you may be wondering about the details of the new immigration policy. If an individual is granted deferred action, he/she will also be able to apply to work in the United States. Deferred action lasts for two year increments, along with work authorization, and must be renewed at the end of those two years.  Since the new immigration policy was announced, there seems to have been many rumors.  Just remember that no one can apply for deferred action right now!  Those who wish to apply for deferred action must wait until August 13, 2012 to apply, when the process of the policy is announced.  Those who believe they are eligible for deferred action should not turn themselves into immigration in order to start the process of deferred action, since it will ultimately be useless.  By August 13, 2012, there will be a formal announcement informing the public on how to apply for deferred action. 
http://www.immigrationpolicy.org/sites/default/files/docs/deferred_action_for_dreamers_qa_062012.pdf

More Information for those who Qualify for Deferred Action


Those who wish to apply for deferred action should NOT do so until 60 days from June 15, 2012.  By August 13, 2012 the government will inform the public on the process of applying.  Until then, there are ways that individuals can prepare themselves for applying for deferred action.  If you believe that you can qualify for deferred action, gather documents, such as a passport, that prove that you were under the age of 31 as of June 15, 2012.  You must also have financial, medical, school, and employment records to prove that you entered the United States under the age of 16.  Lastly, collect school records such as diplomas, GED certificates, or documentation that proves that you are an honorable discharged member of the Armed Forces or Coast Guard.