What the #Immigration Executive Actions Mean for You and Your Family: 8 Things You Need to Know

Originally posted on Huffington Post

Last week President Obama announced he will take series of executive actions designed to strengthen the border, hold undocumented parents of U.S. citizens and lawful permanent residents accountable by giving them a chance to register, pass criminal background checks and pay taxes. The Administration also plans to use the existing immigration law to promote investment and make the immigration system work better until Congress finally passes immigration reform.

1. There’s Nothing to Apply for Yet And Immigrants Should Be Careful Not to Get Scammed.

While the President has a released a broad outline of his immigration executive actions, the details, including the application process, have not been finalized. In other words, there is nothing to apply for yet and potential applicants should heed the warning posted on the U.S. Citizenship and Immigration Service’s website:

Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

2. The Deferred Action Program Will Apply Only to The Undocumented Parents of U.S. Citizens and Lawful Permanent Residents.

Perhaps the most dramatic of the executive actions is the President’s decision to offer a temporary deportation reprieve — formally known as Deferred Action — to undocumented immigrants with U.S. citizen and lawful permanent resident children.

The intent is to give parents a chance to come out of the shadows and get right with the law — register, pass criminal background checks and pay taxes.

To qualify an applicant will have to show, among other things, that he/she has been in the U.S. since before January 1, 2010, and is the parent of a citizen or lawful permanent resident born on or before November 20, 2014. The Administration hopes to have the application process in place within 180 days.

3. DACA Will Be Expanded To Make More DREAMERs Eligible.

Two years ago Mr. Obama offered a temporary deportation reprieve to qualified undocumented youth who had arrived in the U.S. as children. The process, known asDeferred Action for Childhood Arrivals or DACA, brought hundreds of thousands of DREAMERs out of the shadows so they could work and study. To be eligible a DREAMER had to show, among other things, that he/she had arrived before June 15, 2007 and been in the U.S. and under the age of 31 on June 15, 2012. While the process was a game changer for many DREAMERs, others did not qualify because of the entry deadline and age cap.

The executive actions will extend the entry requirement to June 1, 2010 and remove the age cap, permitting many more DREAMERs qualify for a temporary 3 year reprieve from deportation.

While the expanded DACA program is not yet in place, it is expected that the USCIS will begin receiving applications within 90 days.

4. Provisional Family Unity Waivers Will Be Expanded to Included the Undocumented Husbands and Wives Of Lawful Permanent Residents.

Most people think that if an undocumented immigrant marries a U.S. citizen or lawful resident he/she can get a green card. That’s both right and wrong. Many undocumented immigrants who qualify for a visa must apply at a U.S. consulate abroad, not from within the US. But when they leave the U.S. to apply, another part of the law bans them from returning for up to ten years.

The pain of this legal Catch-22 was eased somewhat in 2013 when the Obama Administration tweaked the application process so that undocumented husbands and wives of U.S. citizens could apply for family unity waivers before traveling abroad. The change spared many American families from prolonged separation from their loved one she traveled abroad and waited — sometimes for years — for the waiver to be processed.

The executive actions announced last week tweak the Family Unity Waiver process a bit more by a permitting undocumented spouses of lawful permanent residents (green card holders) to apply for waivers before departing the U.S, shielding many more American families from the pain of prolonged separation. The change will also save tax dollars by making the visa processing system more efficient and reducing the burden on government agencies.

5. Family Unity Will (Hopefully) Become the Rule Rather Than the Exception.

Some immigrants that are eligible for green cards first have to prove that their deportation would impose “extreme hardship” on their U.S. citizen or lawful resident spouse, parent or child.

The executive actions promise a new interpretation of “extreme hardship” which, hopefully, will recognize that separating parents from (American) children or spouses from (American) spouses is, by nature, an “extreme hardship.” A pro-family interpretation of the standard would ensure that, absent negative factors, more families remain whole.

Stay tuned on this one.

6. Immigrants With Green Card Applications or Other Temporary Status May Travel Abroad With Greater Assurance of Their Ability to Return.

The legal Catch-22 that keeps husbands and wives separated from their families for up to 10 years after foreign travel can also bar immigrants with lawful green card applications or other temporary status — even if they traveled home to visit an elderly parent or attend a funeral with advance permission (parole) from the Department of Homeland Security.

The President’s executive actions will give greater assurances to immigrants that they will be permitted to return to the U.S. and complete their pending green card applications or continue their authorized presence after necessary foreign travel on advance parole.

7. Existing Law Will Be Used to Expand Opportunities for Business, Investment and Job Creation.

The executive actions will include efforts to strengthen the economy and create jobs for U.S. workers by enhancing options for foreign entrepreneurs, attracting investment and generating tax revenue to ensure economic growth and extending existing post-graduate training programs for science, technology, engineering and math graduates of U.S universities. The Administration will also look for ways to improve the legal immigration system by reducing government costs, reducing burdens on employers and families and eliminating fraud.

8. The President’s Immigration Executive Actions Are An Important First Step, But They Are Not A Substitute Congressional Action.

The actions Mr. Obama has taken to make the immigration system work better are a bold and courageous (and yes-solidly legal) use of his lawful authority as President of the United States. But only Congress has the power to fix the antiquated, rigid and outdated immigration policy that plagues this country, devastates families, stymies American business and inhibits job creation.

We can only hope that amid the calls for lawsuits and legislation to block the President’s executive actions Republican congressional leaders will find the guts to do the right thing by the American People.

A personal postscript to an amazing week of #immigrationAction

2014-11-22 West WingFriends, I was honored to be among a handful of civil rights and immigration leaders and advocates invited to meet with President Obama in the West Wing of the White House on Thursday afternoon shortly before he announced his Immigration Executive Actions.

As I sat in the Roosevelt room with the President I was taken with thoughts of my grandparents and my dad, Holocaust survivors from Germany, who were given refuge in this great country. We owe so much to those who brought us to this day. And we owe a lot to future generations. I was truly humbled to be a part of this historic moment.

Last night families across America who’d grown accustomed to living in fear went to sleep knowing that in the morning they would wake up safe and together.

That’s not hyperbole, that’s a reality for families throughout the country.

There is a Talmudic saying that “if you save one life, it is as if you have saved the world.” This week the President used his authority to make the immigration system work better until Congress finally fixes it. And, in so doing, the President has “saved the world” for millions and millions of hard working honest people.

At the same time we must remember that what the President has done is only a first step; millions more families continue to live in the shadows, fearful of being separated from their loved ones every time they leave their homes to buy milk at the corner store, medicine for their children, or simply fill the car with gas. This is not who we are as a nation, as people, as a culture.

The step Mr. Obama has taken to make the immigration system work better is a bold and courageous (and yes–solidly legal) use of his lawful authority as President of the United States. But only Congress has the power to fix the antiquated, rigid and outdated immigration policy that plagues this country, devastates families, stymies American business and inhibits job creation.

We can only hope that amid the calls for lawsuits and legislation to block the President’s executive actions Republican congressional leaders will find the guts to do the right thing by the American People.

Obama Stays the Course on Immigration as Pressure Mounts

David Leopold:

The Democrats pressuring Obama not to move on immigration are making a grave error if they think the Republicans who are about to take charge of Congress are serious about passing an immigration reform bill he can sign. What they will pass will likely be an enforcement heavy scheme designed to perpetuate the inhumane policy of “self-deportation” championed by the likes of Rep. Steve King (R-IA) and Sen. Jeff Sessions (R-AL).

The notion that Republicans could credibly peddle the claim that they have been planning on passing immigration reform all along and, therefore, President Obama should once again refrain from using his lawful authority to make the system work better for American families and business until they do is, in a word, ridiculous. Yet some Democrats–who should know better–seem to be falling for the latest ruse. This quote from former Pennsylvania Governor Ed Rendell is troubling:

Ed Rendell, the former Pennsylvania governor and erstwhile head of the Democratic National Committee, told reporters last week that one way to avoid inflaming Obama’s antagonists was for the President to publicly outline the terms of the immigration order in the coming weeks, but wait until “April or June” to issue it, giving the GOP time to cobble together a bill.

Originally posted on TIME:

President Barack Obama has remained resolute in his plan to unilaterally reshape U.S. immigration law in the wake of his party’s heavy losses in last week’s midterm elections, but pressure is mounting from both sides as he approaches a decision later this year.

The White House has been tight-lipped about when Obama will use his executive authority on immigration, as well as what exactly the package of reforms will contain. But immigration activists say they still expect the President to issue orders that would protect up to several million undocumented immigrants from deportation. The move could come in mid-December, after lawmakers reach a spending agreement that would keep the federal government running, activists say.

The Democratic drubbing on Nov. 4 unleashed a fresh wave of threats from Republicans, who warned Obama that taking unilateral action on immigration would “poison the well,” as House Speaker John Boehner put it. “When you…

View original 713 more words

Three immigration fixes that Obama doesn’t need Republicans for

Originally posted on Quartz:

On Nov. 5, the president assured the public that he will take executive action to fix the country’s immigration system by the end of the year. House Speaker Boehner has already warned Obama that executive action will obstruct the future passage of a comprehensive reform bill, so why is Obama, after a midterm drubbing of his party, raising the stakes with Republicans, when it seems as if he should be trying to find common ground? Simple: the president is on the line to act because he’s made this immigration promise to the American people before, and then backed down. And the American people have not forgotten: Exit polling after the midterm elections had nearly six in 10 voters saying they were “dissatisfied” with the president—with one in seven citing either foreign policy or immigration as the reason. Obama has to act, to fulfill his promise, and to preserve his legacy as a president…

View original 447 more words

This morning’s must read: @seungminkim’s Proxy fight–several GOP senators positioning themselves around an immigration fight

If the Senate GOP leadership permits Senators Ted Cruz (R-TX) and Mike Lee (R-UT) to turn the Lynch Attorney General confirmation hearing into a proxy fight over the President’s authority to make the immigration system work better until Congress passes an overhaul of the dysfunctional law, it’ll be proof positive that the GOP has been gaming the country on immigration reform the whole time, that they never intended to do anything other than implement the nativists’ mean spirited call for “self deportation.”

Posted on Politico

By Seung Min Kim

11/10/14 11:24 PM EST

Updated 11/11/14 5:58 AM EST

Senate Republicans plan to turn the battle over attorney general nominee Loretta Lynch into a larger debate over immigration, using the confirmation hearings as a proxy war over presidential power rather than a debate over Lynch’s qualifications.

Lynch, who would be the first black female attorney general, is considered a strong nominee, with a long record as a federal prosecutor. That makes the political fight over Barack Obama and his executive powers a much better bet for Republicans who took control of the Senate riding the president’s unpopularity.
Story Continued Below

The Republicans’ early strategy, according to comments from senators and several Republican aides close to the Judiciary Committee, centers on whether the president has the authority to bypass Congress on immigration — allowing Republicans to write their own narrative on the nomination.

“The president is increasingly on a smaller and smaller island if he goes forward with this action and the next item of business is the nomination of the attorney general,” one Senate Republican aide said Monday. “Don’t underestimate the capacity for that to become a major battle front.”

Several GOP senators are publicly positioning themselves around an immigration fight.
Sens. Ted Cruz of Texas and Mike Lee of Utah have signaled that immigration will be a large part of their line of questioning against Lynch when her confirmation process begins, which they said should happen after the new Republican majority is seated in January.

“The nominee must demonstrate full and complete commitment to the law,” Cruz and Lee said in a joint statement. “Loretta Lynch deserves the opportunity to demonstrate those qualities, beginning with a statement whether or not she believes the president’s executive amnesty plans are constitutional and legal.”

The White House did not immediately respond to a request for comment on the strategy.
But Hill Democrats say the Republican plan could backfire.
“I don’t think that issue should be central to Loretta Lynch’s confirmation,” Sen. Chris Coons (D-Del.), who sits on the Senate Judiciary Committee, said in an interview Monday, adding that he said he wanted to see Lynch considered and confirmed “promptly.”

Since Attorney General Eric Holder said in September he planned to step down, a handful of other Senate Republicans have signaled the issue of executive action on immigration would be a central issue in confirming his successor. For example, Sen. Jeff Sessions of Alabama has, for weeks, been encouraging fellow senators to oppose any replacement for Holder who does not “firmly reject” Obama’s plan for executive action on immigration.

The chatter is preliminary — Congress is officially back in session Wednesday, and senators will have more time then to hash out a more formal strategy on Lynch’s nomination process. But key aides on Monday sketched out an initial strategy that centers on grilling Lynch — the federal prosecutor for the Eastern District of New York — over Obama’s pending immigration action and whether she backs it.

A slew of other hot-button issues are sure to surface during Lynch’s confirmation hearings, such as the Operation Fast and Furious gun-walking scandal, the contentious debate over voter ID laws and executive overreach, Republican aides added.

“Decisions and actions by President Obama and Attorney General Holder have made the proper bounds of executive power a critically important issue for this confirmation process,” Sen. Orrin Hatch (R-Utah) said Monday, signaling that will be a priority in deciding whether to confirm Lynch.

But the dominant issue will be immigration — and President Barack Obama’s looming executive action that could potentially halt deportations for millions of immigrants here without legal status. Obama has promised to keep his pledge to Latino and immigration advocates to act on deportations by the end of the year.

Senate Democrats don’t think the strategy will work.

“With Republicans on these issues, they always run the risk of overreach,” added a Senate Democratic leadership aide. “She’s not tied to the administration, she hasn’t had a tie to any of these past executive actions. … Efforts to tie her down to that stuff would come across as overly political.”

No decisions have been made on when the Senate will take up Lynch’s nomination to be the nation’s chief law enforcement official, officials said Monday. But one Democratic leadership aide said senators were leaning toward installing Lynch in the new Congress, when the GOP will be in control of the chamber.

Senate Democrats are banking on the view that the twice-confirmed Lynch, who would be the nation’s first black female attorney general with the Senate’s blessing, would be qualified enough to be confirmed under a Democratic- or GOP-led chamber.

“She should have no difficulty whatsoever on the merits,” Sen. Richard Blumenthal (D-Conn.), a member of the Judiciary Committee, said in an interview Monday. “There is not a scintilla of factual basis to challenge her.”
The lame-duck session leaves an already truncated timeline to handle a high-profile nomination such as attorney general, and Congress is already buried under other must-do legislative priorities. The process to confirm Lynch has barely started on Capitol Hill — the Judiciary Committee has yet to receive Lynch’s paperwork, an aide said — and Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) has made National Security Agency reform his top priority in the lame-duck session.

Republicans prefer to leave the task of confirming Lynch to the new Congress. Presumptive incoming Senate Majority Leader Mitch McConnell (R-Ky.) said last week that Lynch should be “considered in the new Congress through regular order.”

Incoming Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has pledged a “very fair, but thorough” vetting, noting that U.S. attorneys are “rarely” promoted straight to the attorney general spot.
“So I look forward to learning more about her, how she will interact with Congress and how she proposes to lead the department,” he said.

In theory, the Senate could begin the nomination process in the lame-duck session under Leahy and continue in the new Congress under Grassley, Democratic aides said. When the Senate considered the nomination of John Ashcroft for attorney general in 2001, a handful of the hearings were held under Leahy and later under Hatch, who assumed the Judiciary chairmanship in late January 2001.

But that option doesn’t appear to be under serious consideration for now, and Republicans are sure to gain seats on the Judiciary Committee in the new Congress. If the process begin during the current Congress and continues into the next, new Republican members may not get the opportunity to question Lynch.

Still, other Senate Democrats want to clear her nomination quickly. In an interview Monday, Sen. Claire McCaskill (D-Mo.) said confirming Holder’s successor should be done as soon as possible, pointing to the continuing unrest in Ferguson, Missouri, as one area that awaits the incoming attorney general.

“I believe we have an obligation to confirm the attorney general as quickly as we can,” McCaskill said. “I think we need to do our work, unless there’s a problem with this woman’s background.”

Burgess Everett contributed to this report.

WATCH: The politics of immigration reform–American needs it, so why don’t we have it?

WATCH VIDEO: SELESTE ASKS PRESIDENT OBAMA NOT TO DEPORT HER HUSBAND PEDRO

From America’s Voice

Watch Seleste’s message begging President Obama not to deport her husband below, then sign the petition to keep Pedro at home!

There’s so much at stake for this family — will you take a moment and help?

Send a message telling immigration officials in the Obama Administration to stop Pedro’s deportation now!

Follow

Get every new post delivered to your Inbox.

Join 6,066 other followers

%d bloggers like this: