11.22.14

President’s Executive Order on Immigration

Posted in Changes in Law at 4:08 pm by Lalita Haran

The President issued an executive order on November 20th, 2014, after multiple attempts to get Congress to pass the comprehensive immigration reform; it never worked. Too much will be said about how and why the order was issued and the political debate would cover the propriety of this action; it is crucial to know what aspects are addressed under the President’s Executive Order.

Deportation or enforcement gets the top priority as it has always been during Obama’s presidency when number of deportees reached a record high; the immigration enforcement gets additional financial support.

Children who received Deferred Action Childhood Arrival (DACA) benefit earlier may now apply for an extension. Children who arrived in the United States before turning age 16 yrs. up until 1.1.2010 can apply for DACA benefits. This is a relaxation of the earlier criteria where the cut of date of arrival and physical presence was June 15, 2007.
The benefits could be offered for three years instead of the earlier two year period. This is the amazing roll out because it would allow the first DACA recipient children who graduated from high school to successfully enroll and complete their college education without worrying about negative immigration consequences.

Additionally, parents of U.S. citizens and permanent resident children may also obtain deferral of deportation DAPA for short. The more important benefit is the employment authorization if they register, pay taxes and meet the criminal background check criteria. This is the biggest roll out and the USCIS predicts about 4 million applications might be made. This is also the greatest roll out that will help people to come out of living in the shadows for fear of deportation, the main evil promoting their exploitation. The President addressed this social evil as he encouraged Americans to recognize their immigrant traits in American history. It was remarkable to see a President of the United States comparing these children with his own daughters and urge that we show compassion towards their parents who are working abysmally low paid jobs and prevent exploiting them because they are undocumented. This is a remarkable achievement for American history!

Also, the 601A, provisional waiver, a very important provision in this executive action, is extended to the spouses and children of Lawful Permanent Residents.

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