Deportation Changes and Consumer Advisory

 

A different version of this information was e-mailed to the Social Service Department and Health Center social service staff earlier this month.

Background

The Department of Homeland Security (DHS) has announced what may be a major shift in immigration enforcement practices. Thanks in large part to pressure from immigrant advocacy groups, Immigration and Customs Enforcement (ICE) will refocus its enforcement efforts on their enforcement priorities, grouped into three broad categories (in descending order of priority):

• Immigrants with a criminal conviction or who pose a threat to national security;
• Recent illegal entrants; and
• Aliens who have not adhered to a prior removal order, or entered illegally after removal.

As part of this effort, DHS and the Department of Justice (which has responsibility for the immigration courts) will form an inter-agency team to review the 300,000 cases currently pending in the immigration courts.  According to DHS, this review will “ identify low-priority removal (deportation) cases that should be considered for an exercise of discretion.” Those that are considered “low priority” may be administratively closed or no enforcement action will be taken. Those that are considered a “high priority” will be prosecuted more aggressively. While this review team will identify cases, it will be up to the local ICE offices to act in response. 

Some of those whose cases are “administratively closed” may be eligible to apply for a work permit. But details of this process are not yet available.

There is a lot of room for interpretation and discretion in this policy and there are currently many unanswered questions. What is clear is that this will be a case-by-case decision and a passive process from the immigrant’s perspective. There is no way to apply for this temporary delay in enforcement.

Philosophy

In a memo, ICE states that deportation efforts should take into consideration questions such as "the circumstances of the person's arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child." Though the White House declined to promise "categorical relief," this action seems to be aimed at providing relief to families with mixed status, workers with long histories in the U.S, students who would be eligible for the DREAM Act, military veterans, and others without criminal records or evidence of recent repeat immigration violations.

Be Alert to Scams

Con Artists may use the vagueness of the announcement and any potential confusion to take advantage of vulnerable immigrants. Potential scams might include charging for “applying” for this delay in enforcement and/or a work permit available to some of those affected, or collecting or passing on non-existent fees. There is no way to apply for this temporary delay in enforcement.

Tips for Immigrants

• Do NOT believe anyone who tells you they can sign you up for a work permit (Employment Authorization Document or “EAD”) or get you legal status based on the Secretary Napolitano’s August 18, 2011 announcement!
• There is NO “safe” way to turn yourself in to immigration. There is no guarantee that your case will be considered “low priority.” Immigrants without lawful status who come into contact with immigration authorities may be arrested, detained or removed (deported).
• Only a qualified immigration lawyer can evaluate your case and tell you your rights. An online directory of American Immigration Lawyers Association attorneys is available at www.ailalawyer.com.
• Do NOT seek legal advice from a notario or immigration consultant. (For more information about avoiding immigration scams go to www.StopNotarioFraud.org.)

Download flyers with the above information in English and Spanish.

Details

• This is NOT an amnesty or a path to legal status, but rather a temporary decision not to use limited government resources to deport low priority individuals. It is not something you can sign-up for.
• Work Authorization - Cases that are deemed low priority will either (1) be administratively closed, or (2) no enforcement action will be taken. Those whose cases are administratively closed will be eligible to apply for a work permit (Employment Authorization Document or EAD).An EAD means that an individual can legally work in the United States and obtain a social security number for work. In some states, having an EAD also means you can apply for a driver’s license or other identification). An EAD does NOT give a person legal status- it is justtemporary permission to work. An EAD is generally valid for one or two years (though it may be different for this program), and can generally be renewed. The application fee is currently $380, though those who can demonstrate financial hardship may be eligible for a fee waiver.
• The Announcement does NOT mean that all “low priority” cases will automatically be granted a work permit or EAD. The Administration’s announcement said that if a case is administratively closed, theindividual will be able to apply for a work permit (EAD). But there are no details, guidelines or instructions on how to apply for an EAD, or who will be eligible for an EAD. You should not contact immigration to ask for or apply for an EAD based on this announcement at this time.
• A person whose case is administratively closed is still in removal proceedings. Administrative closure is NOT legal status. It is simply a temporary suspension of an immigration court case.

More information.

-Adapted from “ What does the DHS Deportation Announcement Mean to Me? Join us to learn more (Espanol adentro) ”, MIRA Coalition, September 06, 2011 and “ CONSUMER ADVISORY

DO NOT BE MISLED: The Obama Administration’s Immigration Announcement is NOT an Amnesty Program!”, American Immigration Lawyers Association, http://aila.org/content/default.aspx?docid=36705.

 

9/11