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Executive Action for Parents of Citizens and Residents

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On November 20, 2014, President Obama finally announced a much anticipated executive action program that stands to benefit 5 million people currently in the U.S. Similar to the Deferred Action for Childhood Arrivals (DACA) program, this new program will grant deferred action (a formal determination that the U.S. government is not seeking to deport you) and work permission to individuals who qualify for the program. The general requirements to participate in the program are the following:

  • You are a parent of a United States Citizen or Lawful Permanent Resident;
  • You have resided continuously in the United States for more than 5 years;
  • You do not have serious criminal history (what criminal history is deemed “serious” and disqualifies you from the program has not yet been announced).

It is important to understand that the details of the program have not yet been released. There remains many unanswered questions. Of course, we will post details of the new program as they are released. Additionally, feel free to call SHAFTEL LAW at (303) 872-6985 to learn more about this exciting new program.

 

MORE COMPONENTS OF NEW EXECUTIVE ACTION PROGRAMS

The announcement of the creation of a deferred action for parents of U.S. citizens and residents (DAP) in only one of several new policies and programs President Obama created on November 20th. While DAP is the largest program, several other positive changes are discussed below.

 

  1. Expansion of DACA. DACA will be revised to get rid of the age requirement that you had to be under 31 years of age on June 15, 2012 to qualify. The date that continuous presence in the U.S. must have begun will be changed to January 1, 2010 (from June 15, 2007). The duration of each DACA grant will be lengthened from 2 to 3 years. This expansion of the DACA program is expected to take affect much quicker than the new program for parents (DAP). USCIS is striving to implement these changes within 90 days.

 

  1. Enforcement Priorities.  There will be changes to the enforcement/deportation priorities of ICE. The three main, new enforcement priorities will be:
  • Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and people apprehended at the border;
  • People convicted of serious or multiple misdemeanors, and very recent entrants (those who entered after 1/1/14):
  • Those who, after 1/1/14, failed to leave under a deportation order or returned after deportation.

Prosecutorial discretion should be expanded; which means that individuals currently in immigration proceedings who are not enforcement priorities can request that their deportation proceedings be closed.

 

  1. Border Security.  The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.

 

  1. State and Local.  Secure Communities will be discontinued and replaced by a Priority Enforcement Program (PEP). The extent of these changes is unclear. Supposedly, immigration detainers will be discontinued for all except national security cases.  Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.

 

  1. Pending Immigration Court Proceedings.  There will be a review of immigration court cases to see who appears to be eligible for any of the new programs, and those cases will be closed.

 

  1. U/T Visas (Victims of certain crimes and victims of trafficking).  Three new offenses will be added to the list of offenses which can support a U visa application. No specifics as to which offenses will be added are currently available.

 

  1. Worksite Enforcement.  Department of Labor will coordinate with other agencies regarding worksite enforcement activities.