White House to halt deportation of young illegal immigrants

[kkramps79 0]

People under 30 who entered the country illegally or overstayed their visas when they were under the age of 16 will be immune from deportation if they have not committed a significant misdemeanor or felony and have graduated from a U.S. high school or joined the military. They can apply for a renewable two-year work permit that won't provide a path to citizenship but will allow them to work legally in the country. Applicants will have to prove they've lived in the country for five consecutive years.

My link

[UK_Fan 192]

http://nbcpolitics.msnbc.msn.com/_news/2012/06/15/12238794-obama-administration-wont-seek-deportation-of-young-illegal-immigrants?lite

sorta like dream act?

[Peter_Pan 661]

The White House will halt the deportation of as many as 800,000 young illegal immigrants and in some cases give them work permits, in a sweeping new initiative announced by the Department of Homeland Security. The process will begin sometime in the next 60 days.

People under 30 who entered the country illegally or overstayed their visas when they were under the age of 16 will be immune from deportation if they have not committed a significant misdemeanor or felony and have graduated from a U.S. high school or joined the military. They can apply for a renewable two-year work permit that won't provide a path to citizenship. Applicants will have to prove they've lived in the country for five consecutive years.

Homeland Security Secretary Janet Napolitano told reporters on Friday that she believed the move "is the right thing to do," and will help the agency focus on deporting criminals. "It is not immunity, it is not amnesty," she said. "It is an exercise of discretion so that these young people are not in the removal system."

Young people will have to proactively apply and pay for the temporary legal status at a local United States Citizenship and Immigration Services office. If the deferred status is granted, they can apply for a work permit.

"I wouldn't say we are encouraging people to step forward," an Obama administration official told reporters. "We are making a process available and people can make their own decision."

President Obama will address the change in a speech at 1:15 pm.

Young people who were brought into the country illegally or overstayed their visas as children are commonly referred to as "Dreamers," referencing the title of a decade-old bill that would have given them legal status if they joined the military or attended college. The Dream Act passed the House nearly two years ago, but was blocked by Republicans in the Senate. Opponents of the bill have argued that it would encourage more people to enter the country illegally, while supporters say it helps people who were brought up as Americans and whose lack of status is not their own fault become full members of society.

President Obama has faced criticism from the crucial Hispanic electorate for ramping up deportations under his tenure and for failing to deliver on his campaign promise to pass comprehensive immigration reform within his first year in office. Several times in the past year, Obama has told Hispanic audiences who asked him why he did not issue an executive order halting deportations of some classes of immigrants that such a move would be legally impossible. "There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply, through executive order, ignore those congressional mandates would not conform with my appropriate role as President," Obama told one Dreamer who asked him why he couldn't halt young people's deportations in March of 2011.

"We've been hearing all sorts of things from the White House, that it's not legally possible, that it's not politically possible," said Erika Andiola, a 25-year-old Arizona-based Dreamer and advocate who has met with administration officials on the subject. "I can't even believe it. We've been working for this for so long."

The move may generate enthusiasm among many Latinos: 85 percent of registered Latino voters said in a Latino Decisions poll that they support the Dream Act. The president enjoys a strong lead among Hispanic voters over Mitt Romney, but a lack of enthusiasm among these voters could mean they stay home on Election Day in swing states like Nevada, Colorado and Florida. During the primary, Mitt Romney said he would veto the Dream Act, but in recent weeks he has seemed open to a proposal by Sen. Marco Rubio to grant Dreamers a work permit but not a path to citizenship.

Republicans are criticizing the move as an executive overreach. "This decision avoids dealing with Congress and the American people instead of fixing a broken immigration system once and for all," wrote Sen. Lindsay Graham, one of the few Congressional Republicans who supports immigration reform.

http://news.yahoo.com/blogs/ticket/report-white-house-halt-deportation-young-illegal-immigrants-133800284.html

[Kathryn41 3,205]

Three posts on the same subject have been merged together into one thread

[UK_Fan 192]

i feel like i dont have much room to talk because i overstayed, but i feel like its a slap in the face to people who entered with inspection through passport control.

my main question is this:

it said that if the studied in college OF SERVED IN THE MILITARY they get pardoned or whatever, but HELLO! you need to be a citizen or a PR to serve, therefore they misrepresented themselves to get into military and that carries a lifetime ban, right? so it's kind of a double standard because if they done it knowingly, they are no better then other ones they did it even though they weren't brought here as children.

like i said, im not really the one to talk, but i don't think its right that they just went against the law and pulled this.. good luck to people who havent gotten their EAD's yet.. and we thought 90 days is a long wait, buckle up!

[Rebecca Jo 1,962]

i feel like i dont have much room to talk because i overstayed, but i feel like its a slap in the face to people who entered with inspection through passport control.

my main question is this:

it said that if the studied in college OF SERVED IN THE MILITARY they get pardoned or whatever, but HELLO! you need to be a citizen or a PR to serve, therefore they misrepresented themselves to get into military and that carries a lifetime ban, right? so it's kind of a double standard because if they done it knowingly, they are no better then other ones they did it even though they weren't brought here as children.

like i said, im not really the one to talk, but i don't think its right that they just went against the law and pulled this.. good luck to people who havent gotten their EAD's yet.. and we thought 90 days is a long wait, buckle up!

Did you overstay as an adult?

If so, why are you saying what happened to children is a slap in your face?

[UK_Fan 192]

Did you overstay as an adult?

If so, why are you saying what happened to children is a slap in your face?

not in my face, in general to people who entered through customs.. look, if those "children" joined military, which they had to be 18 to do so (17 with a signature, but doubtful), they were adults and they knew what they were doing (i'm talking about misrepresentation).

there's a difference when they did it knowingly (again, yes i overstayed and i know it's wrong but i never worked illegally, nor have i ever claimed to be a citizen)

actually i was 16 when my visa expired.. so no, i wasn't an adult, but now i am

Edited June 16, 2012 by UK_fan

[JimVaPhuong 4,863]

The President has unlimited authority to issue executive orders to departments in the executive branch directing them how they will perform their duties, as long as the order isn't contrary to the law. The President can't change the law with an executive order.

This means the President can order the Justice Department to halt deportations of anyone he chooses. The law defines for what reasons a person can be deported, but it doesn't require the Justice Department to deport them. This portion the executive order is perfectly legal.

Now, issuing employment authorization cards to them is a different matter. The law defines who is eligible to work in the US. While USCIS does have some discretion in issuing EAD's to people who are eligible to receive them, I'm not aware of any provision in the law that allows USCIS to issue EAD's to people who aren't eligible under any provision of law to receive them. The President doesn't have the authority to create a new class of eligibility. Congress would have to pass a revision to the law first. I'm really surprised that none of the pundits I've read so far have picked up on this.

I would expect to see this challenged in court, but I'm frankly not sure who would have standing to challenge it. Courts will usually not accept a legal challenge to a law unless the plaintiff can show that they were adversely affected by the law. Perhaps a US citizen who is passed over for a job in favor of an illegal immigrant with a two year EAD. I don't know. We'll have to wait and see on that.

In any case, this is nothing more than a political stunt. The President could have signed that order 3 1/2 years ago, or anytime during his term. He could have actively campaigned for the passage of the DREAM Act both times it came up during his term. He promised there would be an immigration reform bill in his first year in office. He had a chance to keep that promise when Rep. Luis Gutierrez (Dem) introduced a bill in December, 2009. Obama never publicly endorsed or supported it. He's now looking at the numbers and realizing he's in trouble in November. His situation will become even more dire if the Supreme Court strikes down his signature health care act, and he'll be downright desperate if they also strike down his challenge of Arizona's SB1070. If he could issue an executive order giving every voter a million dollars then he'd sign that order today.

[Usui Takumi 1,562]

The President has unlimited authority to issue executive orders to departments in the executive branch directing them how they will perform their duties, as long as the order isn't contrary to the law. The President can't change the law with an executive order.

This means the President can order the Justice Department to halt deportations of anyone he chooses. The law defines for what reasons a person can be deported, but it doesn't require the Justice Department to deport them. This portion the executive order is perfectly legal.

Now, issuing employment authorization cards to them is a different matter. The law defines who is eligible to work in the US. While USCIS does have some discretion in issuing EAD's to people who are eligible to receive them, I'm not aware of any provision in the law that allows USCIS to issue EAD's to people who aren't eligible under any provision of law to receive them. The President doesn't have the authority to create a new class of eligibility. Congress would have to pass a revision to the law first. I'm really surprised that none of the pundits I've read so far have picked up on this.

I would expect to see this challenged in court, but I'm frankly not sure who would have standing to challenge it. Courts will usually not accept a legal challenge to a law unless the plaintiff can show that they were adversely affected by the law. Perhaps a US citizen who is passed over for a job in favor of an illegal immigrant with a two year EAD. I don't know. We'll have to wait and see on that.

In any case, this is nothing more than a political stunt. The President could have signed that order 3 1/2 years ago, or anytime during his term. He could have actively campaigned for the passage of the DREAM Act both times it came up during his term. He promised there would be an immigration reform bill in his first year in office. He had a chance to keep that promise when Rep. Luis Gutierrez (Dem) introduced a bill in December, 2009. Obama never publicly endorsed or supported it. He's now looking at the numbers and realizing he's in trouble in November. His situation will become even more dire if the Supreme Court strikes down his signature health care act, and he'll be downright desperate if they also strike down his challenge of Arizona's SB1070. If he could issue an executive order giving every voter a million dollars then he'd sign that order today.

There are a few work arounds regarding EADs, it will be interesting which is chosen. Maybe using TPS?

[awkwardsoul 20]

Is this going to clog up the system for people who are filing AOS or greencards? (in other words, if you haven't started your next stage of paperwork, do it now before hundreds of thousands of people do?)

[hmz 6]

Definitely not liking this. Seems like the president is trying to win some votes by doing this so late. What about us who went through the legal procedure? What gives? Screw this.

[JohnR! 5,495]

Definitely not liking this. Seems like the president is trying to win some votes by doing this so late. What about us who went through the legal procedure? What gives? Screw this.

If you went through the process you need not worry for this will not affect your status.

Edited June 18, 2012 by Gegel

[JohnR! 5,495]

i feel like i dont have much room to talk because i overstayed, but i feel like its a slap in the face to people who entered with inspection through passport control.

A lot of illegal immigrants entered with inspection through passport control. They did not enter the country illegally so much as they overstayed their permitted visit.