SOME HIGHLIGHTS OF PRESIDENT OBAMA’S AND THE DEPARTMENT OF HOMELAND SECURITY (DHS) ANNOUNCEMENTS LAST WEEK
This past week, the President and DHS announced many changes to the immigration system. It is important to remember that the President and DHS were limited in their actions because many actions require legislative approval, such as a mass program that would allow undocumented immigrants to become lawful permanent residents. However, this action was significant for many reasons.
- It expands DACA to now include people who entered all people who entered the United States before January 1, 2010 and entered before the age of 16.
- It allows most parents of US Citizen or Lawful Permanent Resident children who have been here since January 1, 2010 and were undocumented on November 20, 2014 to also have employment authorization. Like DACA, there are restrictions for persons on criminal and security grounds, for example. The children must have been born on or before November 20, 2014. Like DACA, the applicants can apply at any time.
- Persons will be entitled to three years of work authorization if they are in groups one and two, listed above. This takes effect immediately for people filing for DACA when they become eligible.
- Advance parole will be clarified to confirm that people with Temporary Protected Status are not subject to any bars when reentering the United States. It is vital that you consult with me or another attorney regarding this, particularly if you have ever been ordered removed.
- DHS announced significant changes to its policies for the apprehension, detention, and removal of undocumented immigrants. Most significantly, in each classification it does allow for applying for prosecutorial discretion based on the factors of the case, for example how recent was a criminal conviction. It remains vital that you always know the immigration consequences before pleading guilty to any criminal change.
- It expands access to the provisional waiver program to all statutorily eligible classes of relatives for whom an immigrant visa is immediately available; it now includes spouses and all children of lawful permanent residents as well as the adult children of U.S. Citizens.
