Senator Boxer has it right.

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DACA Dreamers in Iowa will be denied driver's license

Iowa DOT Will Not Issue Driver’s Licenses or Nonoperator IDs to Persons Granted Deferred Actionfor Childhood Arrivals Status

AMES, Iowa – Dec. 27, 2012 – The Iowa Department of Transportation has determined it will not issue driver's licenses or nonoperator identification (ID) cards to persons granted Deferred Action for Childhood Arrivals status by the U.S. Citizenship and Immigration Services, based on guidelines described by the U.S. Secretary of HomelandSecurity’s memorandum issued June 15, 2012. The Iowa DOT understands the exercising of this prosecutorial discretion by the U.S. Department of HomelandSecurity does not grant lawful status or a lawful immigration path to persons granted Deferred Action for Childhood Arrivals status. Rather, it is prosecutorial discretion extended in a blanket fashion to persons who are not lawfullyauthorized to be present in the United States. Under Iowa Code §§ 321.182, 321.190 and 321.196, a driver’s license or nonoperator ID card shall only be issued toa foreign national authorized to be present in the United States. Therefore, the Iowa DOT does not have the legal authority under current Iowa law to issue a driver’s license or nonoperator ID card to a person granted Deferred Action for Childhood Arrivals status (indicated on Form I-766, Employment Authorization Document, category C33).

First DACA Approvals are in

I received my first two DACA approvals today. I guarantee these DREAMERS make the US a better place for you an me . #DREAM ACT #immigration

4500 undocumented young aliens granted Deferred Action under DACA program

Th United States Citizenship and Immigration Service (USCIS) has granted 4,591 young undocumented aliens a two-year deportation reprieve under a new deferred action (DACA) program USCIS began receiving applications for the "Deferred Action for Childhood Arrivals" program in August, and to date received 179,794 applications, according to the Department of Homeland Security. They have scheduled 158,408 of those for biometric appointments (fingerprint), where USCIS

will take applicants' fingerprints to conduct criminal background checks. No applicants have been officially denied yet. But DHS has sent 1,825 applicants that don't appear to qualify a "Notice of Intent to Deny" form, which gives them 30 days to provide more evidence or correct mistakes, or a "Request for Evidence," which gives them 84 days to fill in gaps in their application. If you think you qualify, please contact us.

Romney backs DACA and Dreamers ... Sort of

Republican presidential candidate Mitt Romney would end an Obama administration policy of Deferred Action or DACA allowing some young illegal immigrants to stay in the country and work, though anyone already granted a reprieve from possible deportation wouldn't see that permission revoked. Romney told The Denver Post on Monday that people who are able to earn the two-year reprieves to stay and work wouldn't be in danger of deportation if he is elected. His campaign later clarified that while Romney would honor permission to stay as granted under President Barack Obama, a Romney administration wouldn't grant such permission. Obama announced in June that he would prevent deportation for some people brought to the United States illegally as children. Applicants must not have a serious criminal record and must meet other requirements, such as graduating from high school or serving in the U.S. military. At the time, Romney criticized Obama for circumventing Congress and changing the policy a few months before the presidential election.

Republican Governors follow Arizona's lead and Push Back on Deferred Action and Dreamers

In a memo dated June 15, 2012, the Secretary of the U.S. Department of Homeland Security issued prosecutorial guidelines for certain unlawfully present aliens. The guidelines, which were to take effect no later than August 15, 2012, outline the secretary's intent to defer deportation actions involving those aliens for a period of at least two years. According to media reports, thousands of aliens in Texas are eligible to apply for relief from deportation under the guidelines. Governor Perry said, "I have previously expressed my position that the secretary was wrong to unilaterally undermine the law through a policy statement issued under the cover of so-called 'prosecutorial discretion.' I believe her actions were a slap in the face to the rule of law and our Constitutional framework of separated powers."

Not to be outdone Nebraska Governor issued this statement: "President Obama's deferred action program to issue employment authorization documents to illegal immigrants does not make them legal citizens," Heineman said in a statement. "The State of Nebraska will continue its practice of not issuing driver's licenses, welfare benefits or other public benefits to illegal immigrants unless specifically authorized by Nebraska statute," he added.

New Deferred Action form is Here

WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS. USCIS will begin accepting completed forms tomorrow, August 15, 2012. On June 15, Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children and meet other key guidelines may request, on a case-by-case basis, consideration of deferred action. “The release of the new form and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS marks an important step in our implementation of this new process,” said USCIS Director Alejandro Mayorkas. “While requests should not be submitted until August 15 it is important that individuals wishing to be considered for deferred action understand the requirements necessary to demonstrate eligibility to be considered.” Click tile link or here http://www.uscis.gov/USCIS/files/form/i-821d.pdf

What consittues a Significant misdemeanor the Dreamers?

What offenses constitute a significant misdemeanor? For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria: Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less. What offenses constitute a non-significant misdemeanor? For purposes of this process, a non-significant misdemeanor is any misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria: Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and Is one for which the individual was sentenced to time in custody of 90 days or less. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE. Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion.

Dreamer Univeristy

A small group of 35 will be the inaugural class of a new UCLA project designed for undocumented students. So far, National Dream University has received 16 applications in its first two weeks. Applications are due in early October, and the first class will begin in January of 2013. Amazing what tolerance will do if you give young people a chance

Deferred Action for Childhood Arrivals Updates

USCIS has posted updates regarding the announcement of deferred action for childhood arrivals made on June 15, 2012.  The newest information can be found here, but here are some notes worth mentioning:

• ·         This process does not begin until August 15, 2012.  Do not attempt to apply for Deferred Action before this time.
• ·         The forms will be made available via the USCIS website on or before August 15, 2012. 
• ·         The fee for filing the deferred action form and employment authorization form is $465 and there is no  fee waiver available.  However, there are very limited fee exemptions, and applicants are encouraged to closely review the conditions on USCIS’s FAQ page.
• ·         There is no appeal process if your application for deferred action is denied, and although the consideration notes state that only aliens meeting the ICE policy guidance on the issuance of Notices to Appear will be placed in removal proceedings, applicants are urged to use extreme caution and discretion when reviewing the guidelines for this deferred action process.  If you believe that your case is questionable, or that you may not be eligible, we urge you to seek the advice of a licensed immigration attorney before filing your application.
• ·         If you have leave the country at any time after the August 15, 2012 start date of this program, you will be ineligible for deferred action, even if your application has already been filed.  If you have left the country since your entry, prior to August 15, 2012, for a brief, casual, or innocent type of travel, then your continuous presence requirement for deferred action will not be affected.  If you have left the country since your entry, prior to August 15, 2012 for an extended time, because of an order of exclusion, deportation, or removal, or to participate in criminal activity, this travel does affect the determination of continuous residence and your application may be denied. 
• ·         USCIS regards the following crimes as significant misdemeanors that would disqualify an applicant from being approved for deferred action status: a misdemeanor (one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria: (1) regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or (2) if not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days.  The sentence must involve time to be served in custody and therefore does not include a suspended sentence.
• ·         Applicants should be aware that even the absence of criminal history as outlined above does not mean that an applicant will be approved, as any approval is subject to an individualized, thorough, and discretionary review. 

As a reminder, the guidelines for Deferred Action are as follows:

Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be considered for deferred action for childhood arrivals, you must submit evidence, including support documents, showing that you:

1.     Were under the age of 31 as of June 15, 2012;

2.     Came to the United States before reaching your 16th birthday;

3.     Have continuously resided in the United States since June 15, 2007, up to the present time;

4.     Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5.     Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6.     Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;

7.     Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

These guidelines must be met for consideration of deferred action for childhood arrivals. USCIS retains the ultimate discretion on whether deferred action is appropriate in any given case.

If you have any questions about the guidelines, or about your particular eligibility under these guidelines, please do not hesitate to contact our offices, or another licensed immigration attorney (please beware of fraudulent legal services) and we can assist you.  Please be advised that prior to some advice being given by US lawmakers (Sen. Durbin and Congressman Gutierrez) it is entirely reasonable for an applicant to seek the advice of a licensed immigration attorney before an application is submitted.  Immigration law is complex, second only to the tax code in the US, and there are terms of art and other pieces of the law to be considered in filing any sort of paperwork with USCIS.  Please do not be afraid to contact a LICENSED immigration attorney. 

Also, there is some uncertainty in the legal community as to whether the information that an applicant provides on his or her application may be used against other unlawfully present family members, and therefore we urge caution in this process.  USCIS has stated that the information provided to USCIS in the application for deferred action is protected from disclosure to ICE and CBP, and says that this includes information regarding family members and guardians, but it also follows this statement by saying that this policy may be modified, superseded, or rescinded at any time without notice.   While we do not believe that this is cause for alarm, especially if the applicant is facing immediate removal proceedings, or is in detention, we do believe that it is the right of any potential applicant to carefully think through the benefits and consequences of applying for this program. 

Please contact our office with any questions or concerns.

This post does not cover all of the new information on the Deferred Action process.  Please also consult USCIS’s website for further information. 

Jon Stewart calls out Fox News on Deferred Action

Deferred Action - What You Need to Know

On June 15, 2012, President Barak Obama announced a new procedure for young people, who were brought to the United States before the age of 16 and who would otherwise be subject to removal to countries that they do not remember or where a language is spoken that they do not speak, to be granted 2 years of deferred action.  This means merely that the individuals granted deferred action will not be subject to removal in this 2 year period.  This is a great step for young people, but it is important to sort out what the program is, what it is not, and how to go about requesting this in your case.  This is not amnesty, nor is it a grant of legal status to undocumented individuals.  Only Congress may confer immigration benefits.  

This is merely a program to lift the cloud of deportation from those young persons who were brought here while they were young and who have lived most of their lives as Americans and have contributed in many ways to our society, but are under threat of deportation, through no fault of their own as they lacked the required intent to violate the law.  Although administrative closure under previous prosecutorial discretion directions have already been helping individuals in this circumstance, further action was deemed to be needed to ensure that these low priority cases were not diverting resources from high-priority criminal immigration cases.  

This is not the DREAM Act.  More needs to be done in that direction, but that is solely in the hands of Congress to do.  This policy is designed to make life more bearable for these individuals and allow them to continue contributing as productive members of American society until more comprehensive immigration reform can be passed through Congress. 

Hopefully this information will help explain the program and the best ways to take advantage of this new policy.

CRITERIA: Pursuant to the Department of Homeland Security Secretary Napolitano’s June 15, 2012 memorandum, in order to be eligible for deferred action, individuals must:

1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding June 15, 2012 and were present in the United States on June 15, 2012;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate (G.E.D.), or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not be above the age of thirty or under the age of 15.

Individuals must also successfully complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.

IMPORTANT: As of the date of this publication this program has not yet begun, and the USCIS is intending to use the full 60-day allotment to implement this new policy.  The procedure for application for deferred action has not yet been established.  We do not know if there will be a form to fill out, or if there will be a fee charged.  Please continue reading for information about what sorts of evidence you can be gathering in the meantime or contact our office at 513-877-4209 or nflesicher@immigrate2usa.com

DO NOT attempt to place yourself in removal proceedings to receive deferred action.  It is not necessary and will bring more trouble than good.

DO NOT request deferred action if you KNOW that you are ineligible, under any of the criteria, as this can be used to institute removal proceedings against you, following USCIS’s Notice to Appear policy.  Under this policy, individuals whose requests are denied will be referred to ICE if they have a criminal conviction or if there is a finding of fraud in their request for deferred action.  This means it is VERY important to speak to a legitimate, authorized immigration attorney and be very wary of Notarios and others posing as immigration attorneys.

If you are CURRENTLY in removal proceedings, or about to be removed by ICE, please contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

WHAT IS DEFERRED ACTION? 

 It IS: a discretionary determination to defer removal action as an act of prosecutorial discretion.  

• USCIS determines that moving your case to the side for two years meets its discretionary enforcement goals, and it will not pursue your removal in this two-year period.
• It is also RENEWABLE.  USCIS does not see this program ending at any point in the near future and therefore has decided that after the initial granting of a 2 year deferred action, the individual may request again for the same 2 year deferral.
• It DOES provide for Employment Authorization for those granted deferred action, and our office can assist you with the employment authorization process. 

  It is NOT: an amnesty program or a granting of legal status, nor a path to citizenship.

• Deferred action does NOT grant the applicant a legal status, a green card, or citizenship.
• It does NOT remove any previously accrued unlawful presence time, and although unlawful presence does not accrue during the 2 year deferred action period, if the deferred action comes to an end and is not renewed, then unlawful presence will resume accrual.
• It does NOT award deferred action to any family members, dependents, or immediate relatives.  This is an individual process and each eligible individual must submit a request separately.

CRIMINAL BACKGROUND CHECK: In order to qualify for deferred action, an individual must pass a background check that USCIS will perform using all available databases.  They will be looking for convictions that may disqualify the individual from receiving deferred action.  Individuals who have been convicted of ANY Felony, a Significant Misdemeanor Offense, or three or more misdemeanor offenses (not in relation to the same instance), or otherwise are found to pose a threat to national security or public safety are not eligible to be considered for deferred action.  

• Examples of Significant Misdemeanors: A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs. 

If you have a criminal record, or have ever been arrested and have questions about your criminal record or possible post-conviction relief, please contact our offices.

DOCUMENTATION:  You may begin collecting information now to submit once USCIS has determined the manner in which it will process applications, but DO NOT submit anything yet.

• To prove that an individual was present in the US before they turned 16: may include but is not limited to: financial records, medical records, school records, employment records and military records.
• To prove that an individual has resided in the US for at least 5 years prior to June 15, 2012: may include but is not limited to: financial records, medical records, school records, employment records, and military records.
• To prove that an individual was physically present in the US as of June 15, 2012: may include but is not limited to: financial records, medical records, school records, employment records, and military records.
• To prove that an individual is currently in school, has graduated from high school, or has obtained a general education certificate (GED): may include, but is not limited to diplomas, GED certificates, report cards, and school transcripts.
• To prove that an individual is an honorably discharged veteran of the Coast Guard or US Armed Forces: may include, but is not limited to: report of separation forms, military personnel records, and military health records.

NOTARIO FRAUD:  In the US, Notarios are those who are engaging in the unauthorized practice of immigration law.  Please be extremely wary of those people claiming to be immigration lawyers who say that they can get you deferred action now, as the program is not yet available.  Until procedures have been announced by USCIS, do NOT trust anyone who wishes to charge a fee or fill out a form to help you request deferred action, as we do not yet know if there will be a form or fee associated with this.  Fraud may severely negatively impact your immigration status and could make you removable, the opposite of what you want.  Please report any fraudulent immigration practitioners to the proper authorities.  

There is no appeal process if your request for deferred action is denied, so please take the steps to make sure that your request is correctly done, and contact our office if you would like our assistance in doing so.

Neil I. Fleischer Esq.

The Fleischer Law Firm LLC

917 Main Street

Cincinnati, Ohio 45202

(p) (513)977-4209

(fax) (513)977-4218

NFleischer@immigrate2usa.com    

www.immigrate2usa.com 

Blog: http://immigrate2usa.blogspot.com/

Twitter: @nfleischer

Facebook: The Fleischer Law Firm

USCIS Webpage Regarding Deferred Action

Dream Act = Deffered Action

Secretary Napolitano Announces Deferred Action Process for Young People Who Are Low WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization. “Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.” DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals. Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis: Came to the United States under the age of sixteen; Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum; Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; Are not above the age of thirty. Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

The DREAM is alive

DHS will formally announce this afternoon that it will offer deferred action to certain DREAMers. Preliminary information indicates that eligible applicants must: Be 15-30 years old Have been present in the U.S. for 5 years as of June 15, 2012 Maintained continuous residence Have not been convicted of one serious crime or multiple minor crimes

Another Case for the Dreamers

Elier Lara is concentrating on final exams this week and not worrying about his immigration status.

The University of Cincinnati honor student has learned that his attorney and the chief deputy counsel for the Department of Homeland Security filed a joint motion requesting dismissal of Lara's deportation case.

Click the link to see a wonderful article by Mark Curnutte of the Cincinnati Enquirer

Another Case for the Dream Act

A University of Cincinnati student, described by an administrator as having once-in-a-decade talent in information technology, faces a May 20 hearing in immigration court in Buffalo, N.Y., that could lead to his deportation.

Elier Lara, 19, was brought to the United States legally at age 4 from Mexico by his parents. They overstayed their 180-day non-immigrant visa. If deported, Lara would face a 10-year ban before being allowed to reapply for entry.

The DREAM Act (acronym for Development, Relief and Education for Alien Minors) is an American legislative proposal first introduced in the Senate on August 1, 2001[1] and most recently re-introduced there and the United States House of Representatives on March 26, 2009. A Senate filibuster blocked it on December 18, 2010.

This bill would provide conditional permanent residency to certain illegal and deportable alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. legally or illegally as minors, and have been in the country continuously for at least five years prior to the bill's enactment. If they were to complete two years in the military or two years at a four year institution of higher learning, the students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the armed services for at least 2 years and, if discharged, [have] received an honorable discharge."[2] Military enlistment contracts require an eight year commitment, with active duty commitments typically between four and six years, but as low as two years.[3][4] "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act

Immigrant student protest

Dream Act Makes Sense

Besides AgJobs, the Dream Act which would allow for a path to citizenship for children of undocumented aliens is a law that makes sense. Why hurt innocent children because of the acts of their parents?

Click the clink to read more about the Dream Act

Another reason for the DREAM ACT

Congress must pass the Dream Act. It makes sense Except for those conservative that blame the parents, and leave the children behind