Comment: Obama Promise On The Line
President Obama promised relief to some immigrants when announcing the DACA program (Deferred Action for Childhood Arrivals). Unfortunately, Mr. Obama is also the Deporter-in-Chief, and this is coming back to bite him on DACA. The Wall Street Journal reports that only 40,000 applications were submitted in the first three weeks of the program. We suspect that the President's campaign had hoped for 10 times as many. The principal reasons for the shortfall according to the WSJ article are (1) disclosures required and (2) who will be President in Jan 2013.
As to the disclosures of information required, Mr. Obama, and the Federal government, have lost the trust of the immigrant community by deporting a record hundreds of thousands of undocumented aliens, half of whom had no criminal background whatsoever. Unless ICE is reined in, and deportations suspended, at least for non-criminal aliens, community trust will not be easily regained. Voting with their (withdrawn) feet, DREAMers across the country are showing that they don't buy USCIS's assurance that information given to USCIS will not be used for removal purposes. If USCIS wishes to encourage more DACA applicants to step forward, they should create an information firewall between benefits and enforcement. A first step would be to transfer FDNS to ICE.
As to who will be President in January 2013, we believe DREAMers should not worry. Firstly, those who have already received EADs will likely be able to continue renewing these indefinitely, based on how previous administrations have handled large numbers of TPS applications, and others eligible, including those granted Deferred Action before the DACA announcement. The administrative process for EADs is to continue the authorization absent revocation of the underlying reason for qualifying. Secondly, for those granted Deferred Action, but awaiting EADs when a President Romney takes over, we believe USCIS will issue EADs under the same rationale as above. As to those awaiting adjudication for their DACA applications, we believe that USCIS will continue processing and approving these, at least until the nomination and Senate confirmation of a new USCIS Director, which would be several months after January 2013. As to the future of the DACA program under a Romney administration, the Wall Street Journal quotes Mr. Romney as saying: "Some people have asked if I will let stand the president's executive action. The answer is that I will put in place my own long-term solution that will replace and supersede the president's temporary measure." To this we say: Great! If Mr. Romney intends to ask Congress to enact some form of the DREAM Act, we would support this, as we would any immigration benefits bill. If that proves politically not possible, the most likely scenario is that Mr. Romney will let the DACA process continue. And this is for a simple reason - an incoming Romney administration will likely save its political capital for fights over the budget and health care, with nothing left to spare for almost every other issue, including immigration.
Regardless of who wins the mandate in November, we believe that November and December will likely be the heaviest months for DACA applications, especially if USCIS is churning out EADs by the end of October. The positive impact of these tens of thousands of EADs is what's needed to get the community to get the message. Immigration Daily will continue to keep you on top of DACA matters, stay tuned.
Share your thoughts by writing to email@example.com.
Focus: Filing Procedures Hot Off The Presses
Tuesday, September 11 is the deadline for the Thursday, September 13 phone session of "Deferred Action And Related Relief " Robert Loughran, Avalyn Langemeier, Magali Candler, Charles Kuck, John Lasseigne, Jose Perez, Gordon Quan, and J.J. Slater. The curriculum is as follows:
- Housekeeping procedures: Where to file, filing fee, and fee waivers
- What to file
- Putting your client's best foot forward - Packaging your supporting documents
Headline: Arizona Immigration Law Opponents Renew Case Against Most Controversial Provision http://ow.ly/dB6mT
Headline: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece http://ow.ly/dB60b
Headline: Mexican 'theme park' gives illegal border-crossing experience without the danger http://soc.li/4STZU4G
Headline: Undocumented immigrants push Obama to realise their American Dream | Amy Goodman | Comment is free http://ow.ly/dB40e
Headline: Nationwide call RIGHT Now for Employers on DACA : What employers need to know about Obama's deferred action http://ow.ly/dy7XY
Headline: Immigration Reform missing at GOP Convention http://ow.ly/dwgRI
Headline: Undocumented immigrants face arrest as they proclaim, 'No papers, no fear' http://ow.ly/dwgwJ
Help Wanted: Immigration Attorney
New York, NY - Mid-size Immigration Law Firm is seeking an experienced Immigration Attorney. Ideal candidate must have 2+ years of experience in immigration law including handling PERM Cases, H1-B & NIV; must be highly organized, detailed oriented, be able to work independently and as a team and handle high volume case loads, must have excellent writing and strong communication skills. We offer competitive salary and benefits. For immediate consideration please email resume, cover letter, legal writing sample and salary requirement to firstname.lastname@example.org.
Help Wanted: Immigration Paralegal
Toronto, CA - Ernst & Young is seeking a Senior Paralegal within its US immigration practice to support the team of immigration attorneys. Responsibilities include but not limited to drafting complete application packages for review by supervising lawyer, coordinating tracking status expiration and filing dates for ongoing clients, researching current processing requirements at consulates, ensuring that lawyers are at all times advised of client related issues, speaking with HR representatives of corporate clients and employees (applicants) to obtain information to assist in drafting applications. The ideal candidate must have 5+ years of US business immigration experience, be highly organized, be able to communicate effectively and have strong attention to details. Work sponsorship and relocation allowance may be available. To apply please visit http://www.ey.com/CA/en/Careers
Law Practice for Sale
Dominant within New Mexico, the largest immigration firm in the state is for sale. The firm has a prestigious list of institutional and corporate clients, long-term staff of 10 with sound management structure. Firm is very stable - in business for 32 years. AV- Rated for more than 20 years, and in the same office location for the past 11 years. This Albuquerque based firm has grossed revenues in excess of $1M for more than a decade. Diversified practice handling: employment and family based immigration, removal, and consular matters. All equipment included in sale. Principal can ease transition for serious buyers. Send Inquiries in confidence to email@example.com
To place a classifieds ad in Immigration Daily, see here
Readers can share professional announcements (up to 100-words at no charge), email: firstname.lastname@example.org.
An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2012 American Immigration LLC, ILW.COM. Send correspondence and articles to email@example.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong