WORK PERMISSION AVAILABLE SOON FOR DREAM ACT STUDENTS

June 15, 2012

Today President Obama and Secretary of Homeland Security Janet Napolitano announced a new policy of Prosecutorial Discretion for individuals who came the United States as children.  These individuals who were brought to the United States through no fault of their own and meet several key criteria will no longer be removed from the country or entered into removal proceedings.  Those who meet the criteria will be eligible to received deferred action for up to two years along with work authorization.

The following criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion. The individual:

• Came to the United States under the age of sixteen
• Has continuously resided in the United States for at least five years before June 15, 2012, and is present in the United States on this date
• Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• Has 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; and
• Is not above the age of 30

The use of prosecutorial discretion confers no substantive right or path to citizenship.  USCIS and ICE will begin implementation of this application process within 60 days.  For more information on this process, call Arnold Jaffe at (805) 897-0066 to arrange a FREE consultation.  

You can also visit USCIS’s website at www.uscis.gov; ICE’s website at www.ice.gov or DHS’s website at www.dhs.gov.

Secretary Napolitano announces deferred action process for young people who are low enforcement priorities

June 15, 2012

Washington, DC -- 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 removalfrom 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:

1) Came to the United States under the age of 16;

2) 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;

3) 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;

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) Are not above the age of 30.

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 five years immediately preceding today's date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurancethat 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.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within 60 days. In the meantime, individuals seeking more information on the new policy should visit USCIS' website, ICE's website or DHS' website. Beginning Monday, individuals can also call USCIS' hotline at 1-800-375-5283 or ICE's hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE's ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

For more information on the Administration policy reforms to date, please see this fact sheet.

http://www.ice.gov/news/releases/1206/120615washingtondc.htm

Court takes up bid of illegal immigrant to be attorney

May 17, 2012
Maura Dola

California's agency that licenses lawyers wants to admit an illegal immigrant to practice law, an unprecedented request that the state's highest court decided Wednesday to review.
The State Bar of California certified Sergio C. Garcia after he passed a written test and a moral examination, sending it to the California Supreme Court for routine approval. The bar informed the court at the time that Garcia was undocumented.

In a unanimous decision, the state high court ordered the bar to explain why an illegal immigrant should be given a legal license and invited briefs from other parties, opening the door to a potentially heated debate over national immigration policy.

Would the issuance of a license imply that Garcia could be legally employed as an attorney? the court asked. What are the legal and public policy limitations, if any, on an illegal immigrant's ability to be a lawyer? May other state agencies that license professionals also admit undocumented immigrants?

After reviewing the written arguments, the court may hold oral arguments on the case.
Garcia's case is the first to come before the state's highest court involving an illegal immigrant seeking a legal license, according to a court spokeswoman. Similar cases are pending in Florida and New York. The bar began asking non-citizen applicants their immigration status several years ago.
Garcia was born in Mexico and brought to the United States by his parents when he was 17 months old, according to the Daily Journal, a legal newspaper. He attended college in Chico and works as a paralegal. Garcia has applied for legal status, but the process could take five to 15 years, Garcia's immigration lawyer has said.

Stanford Law professor Deborah Rhode, a legal ethicist, said she would be surprised if the court approved a legal license for Garcia before he obtained residency.

"It seems fairly inconsistent with a long line of decisions that officers of the court are forsworn to uphold the law and should not be seen to have defied it," she said.

But she also cautioned that Garcia could have a personally compelling case.

"Some of these cases are really heart-wrenching on the facts, especially undocumented immigrants who are brought over to this country at a young age, who go through the school system, who managed to triumph over a lot of obstacles, and who have now invested all this money in a degree," she said.

A spokeswoman for the bar said it would respond to the court's order but declined to discuss Garcia's case. Instead, the spokeswoman provided a summary of requirements for practicing law in California.

They included a juris doctor from an accredited law school, a background check and a positive finding of moral character.

The summary said applicants must supply a Social Security number but may request an exemption.
The summary made no mention of immigration status.
Garcia's immigration lawyer was unavailable.

Jerome Fishkin, a lawyer who is representing Garcia before the bar, responded to a request for an interview with a brief written comment.

"We hope that the California Supreme Court adopts the state bar's finding that Sergio meets all legal qualifications to become a California lawyer," Fishkin said. "We will be filing our brief on his behalf.

Read the entire article at http://articles.latimes.com/2012/may/17/local/la-me-immigrant-attorney-20120517