Posts Tagged ‘dream act’

Deferred Action for Childhood Arrivals

August 18th, 2012
posted by at 2:57 pm

By Pam Prather

It seems like a long time since we’ve had a positive change in immigration policy to report.  You may have heard by now about “Deferred Action” – a new type of immigration benefit.  It’s one that could be life-changing for many, many people. 

The title means that the Department of Homeland Security (under which the Citizenship and Immigration Service operates) will put off deportation of some undocumented immigrants who arrived in the United States as children. This has long been touted by immigration proponents as the only sensible and humane thing to do for young adults who had no control over the circumstances that led to their presence in the US. The benefits are similar in some aspects to the DREAM Act, which failed to pass the Senate in late 2010.

This is not an amnesty program, and does not provide a Green Card, Citizenship, or even lawful status.  It does provide a two-year EAD (Employment Authorization Document), which allows an indivdual to then apply for a Social Security number.  There are several requirements that must be met for an application to be approved. The applicant must be at least 15 years old, but less than 31 as of June 15, 2012.  He/she must have entered the US before their 16th birthday. They must have resided continuously in the US since June 15, 2007, although in some cases short trips abroad may be okay. They must be physically present in the US when they file, and when the policy was announced on June 15.

An applicant cannot have been convicted of a felony, and even some misdemeanors may be a deal-breaker.  Also, the applicant must be 1] in school; 2] graduated from high school; 3] obtained a GED; or 4] be an honorably discharged veteran.  The application for Deferred Action must include documentation that the above requirements have been met. Its filed with CIS forms I-812D, I-765, and I-765WS. The filing fee is $465.

Homeland Security has stated that information about the applicant and the applicant’s family will not be routinely shared with ICE (Immigration and Customs Enforcement) for purposes of removal (deportation).  So although the risk involved is small, it must be carefully considered.

This is an amazing opportunity for hundreds of thousands of young people, so spread the word and call a lawyer!  Consulting a reputable immigration attorney will allow you to further understand what your risks might be, whether you meet the requirements, and how to document the requirements. There is currently no deadline for this program, but in all cases you must file before you turn 31.

Trail of Dreams, Stops in Raleigh

April 21st, 2010
posted by at 2:11 pm

A few weeks ago, I had the opportunity to meet with a group of inspirational immigrant students who made a stop in North Carolina on their 1,500 mile trip from Miami, FL to Washington, D.C. by foot as part of the “Trail of Dreams” initiative to demand just and smart immigration reform.  The event was sponsored by UnitingNC (www.unitingnc.org), an organization with a mission to foster rational dialogue between immigrants and others in the community.

North Carolina, like other southern states, has seen a significant increase in deportations, workplace raids, and barriers to higher education for immigrant students. Furthermore, Section 287(g) of the Immigration and Nationality Act, which authorizes the Federal Government to enter into agreements with state and local law enforcement agencies to perform immigration law enforcement functions, has created fear amongst aliens who lack a valid immigration status.  This often causes illegal aliens to fail to report crimes to local law enforcement for fear of deportation.

These students spoke openly and candidly to me, public safety representatives and others interested community members about the challenges that these students and the 12 million undocumented aliens in the United States face each day and the hope that they have for the future.  These students, some of whom are undocumented, are no different than any of us.  They are good, hard-working, and kind people.  The only difference is a status based on law.  In the history of our great country, there have been bad laws related to women’s voting rights and segregation, to name a few, and those laws have been changed.  Gaby, one of the students, pointed out that we need to do the same thing with our immigration laws.

During their visit they showed an inspirational video that I feel is certainly worth sharing:

For more information and biographies on the Dream Walkers visit: www.trail2010.org