Obama Administration Proposes to Allow Illegal Immigrants to Seek Work Permit
On August 18, 2011, the Obama administration said it will allow many illegal immigrants facing deportation the chance to stay in this country and apply for a work permit. According to White House officials, the policy could also benefit illegal immigrants who have family members in the States.
Cecilia Munoz, the White House Director of Intergovernmental Affairs, wrote in his blog that the Department of Homeland Security and Justice Department will apply “common sense guidelines” in deciding who to deport. Some factors listed as guidelines include:
· The person’s length of presence in the United States;
· The circumstances of the person’s arrival in the United States, particularly if the alien came to the United States as a young child;
· The person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;
· Whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard;
· The person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;
· The person’s ties and contributions to the community, including family relationships;
· The person’s age, with particular consideration given to minors and the elderly;
· Whether the person has a U.S. citizen or permanent resident spouse, child or parent;
· Whether the person is the primary caretaker of a person with a mental of physical disability, minor, or serious ill relative;
· Whether the person or the person’s spouse is pregnant or nursing
The Obama administration stated that their main focus will be on removing from the U.S. convicted criminals and those who might be a national security or public safety treat. This type of sorting will entail a case-by-case review of approximately 300,000 illegal immigrants facing possible deportation in federal immigration courts.
A senior administration official said delaying deportation decisions in cases for some non-criminals would allow quicker deportation of serious criminals. The indefinite stay will not give illegal immigrants a path to legal permanent residency, but will allow them a chance to apply for a work permit.
Advocates against this decision complained that this case-by-case review will further clog the packed immigration court dockets and divert resources away from those individuals who pose actual threats to public safety.
Some states are rebelling against another related administration effort to control illegal immigration known as Secure Communities. This program requires state and local law enforcement to send criminal suspects’ fingerprints to the FBI so that the prints can run through an immigration database. States argued that the program puts them in the position of policing immigration, which they consider to be a federal responsibility. Immigrant advocacy groups further complained that people who had not yet been convicted of a crime were being caught up in the system.
Whether or not the Obama administration will carry through with this proposed plan is not for certain. After all, the presidential election is around the corner and the political climate may be a factor in adding pressure on the administration to gain more votes.
But one thing for sure is that some immigration attorneys will be giving clients false hope by backing their promises on uncertain immigration law changes proposed by the Obama administration.
Fraudulent attorneys are also something to be aware of. Amardeep Singh Gill, a 44-year-old Artesia man who has been doing business as a fake attorney, is facing up to 13 years in jail if convicted of owning and operating fraudulent law offices spanning from Artesia to San Jose, California for more than eight years. The Orange County District Attorney’s Office is now seeking the public’s help in identifying potential additional victims whom he solicited as clients for legal services and handled cases despite being unlicensed and unauthorized to practice law.
Sources: Immigration Blog ; Huff Post ; Cerritos Patch
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