ICHRA

#ImmigrationAction : What Does It Mean For Our Community?

Published by ICHRA on December 4, 2014

USA- UNITED SIKHS applauds President Obama’s Immigration Accountability Executive Action which will offer millions of our undocumented community members the opportunity to apply for temporary relief from deportation. Relief could be provided to over 4 million undocumented aspiring Americans,including members of our beloved Sikh community. We welcome the important and historic changes proposed by the Obama Administration that calls on our brothers and sisters to step out of the shadows and enter the system legally.
The President’s announcement is a historic step towards a comprehensive solution for our nation’s broken immigration system. But it is a complex order with many intricate,yet vital details. See below for a breakdown of what the Executive Order will provide for you and your family.
Deferred Action for Parents (DAP):

Who Can Apply? Undocumented parents of U.S. citizens or lawful permanent residents (LPRs) can apply for deferred action for a 3-year period that can be renewed if they:

1. Have continuously been in the U.S. since before Jan 1, 2010, AND;
2. Have a USC or LPR child on the date of announcement (Nov 20, 2014).

Benefits:You will receive a social security number and can work and travel legally.
Additional Conditions: Pass the Background check and Pay a Fee of $465.00.
Limitations:Not a path to Citizenship or Permanent residency.
- It is completely discretionary and may be revoked at any time.

Expansion of Deferred Action for Childhood Arrivals (DACA):

Currently:DACA allows individuals under the age of 31 who came to the U.S.before June 15, 2007 and before they turned 16 to apply for deferred action.
New Eligibility: The administration is expanding eligibility for DACA by:
- Eliminating the 31-year age cap
- Permitting children under 15 years of age to apply
- Moving the date of entry to Jan 1, 2010
Renewal: 3-year period that can be renewed.
Benefits: Receive social security number & work permit and travel authorization.
Additional Conditions: Pass the Background check and Pay a Fee of $465.00.
Limitations: Not a path to permanent residence or Citizenship.
- It is completely discretionary and may be revoked at any time.

Improvements to 3 and 10 Year Bar Waivers:

Many undocumented immigrants who otherwise qualify for permanent residence must leave the country first before they can get a green card. However, when they leave the U.S. they trigger a 3 or 10 year bar to re-entry.
Last year,USCIS announced that the spouses and minor children of U.S. citizens can apply for a waiver while still in the U.S. if they demonstrate that separation would cause “extreme hardship” to a U.S. citizen spouse or parent.
The administration will now permit spouses and children of LPRs and adult children of U.S. citizens to seek waivers.

Enforcement Priorities & Prosecutorial Discretion:
Department of Homeland Security issued a memo on Nov. 20, 2014, creating new “priority” levels:

Priority 1:
- Suspected terrorists
- National security threats
- People apprehended at the border/ports of entry while attempting to enter
- Certain people with felony convictions (not state/local offenses predicated on immigration status)
- Certain gang crimes
- Aggravated felonies
Priority 2:
- Persons convicted of 3 or more misdemeanors (not traffic offenses or state/local offenses predicated on immigration status) or significant misdemeanors
- Those who entered or re-entered the country unlawfully after Jan 1, 2014
- Those who “significantly abused visa or waiver programs”
Priority 3:
- Issued a final removal order on or after Jan 1, 2014
People in all three categories will be prioritized for deportation unless they qualify for a way to remain in the U.S. legally or can show that they are not a threat to public safety or national security.

Replacement of S-Comm:

The Secure Communities (S-Comm) program mandated that local police collaborate with Immigration and Customs Enforcement (ICE), which reduced community trust in police.
S-Comm will end and be replaced with the Priority Enforcement Program (PEP) under which ICE will continue to receive fingerprint information from all persons at the time of booking. However, ICE is directed to take enforcement action only against persons who have been convicted of a criminal offense that makes them a priority for removal.
In most cases,ICE will request notification of someone’s release, rather than detention. However, it is still unclear how this will be implemented.

Integration &Citizenship:

White House Task Force on New Americans: will have additional outreach to promote English learning and citizenship.
Study to determine whether it can offer a partial fee waiver for applicants with incomes slightly above the current cutoff for fee waivers.
Credit cards can now be used for naturalization fees.

What to Be Aware of and How to Prepare:

While the President has released this broad outline of his immigration executive actions, the details, including the application process, have not been finalized. In other words, there is nothing to apply for yet and potential applicants should be careful not to fall victim to immigration scams.
Individuals who will likely not qualify:
- People living in the U.S. for less than 5 years
- People without U.S. citizen, LPR children, e.g., DREAMer parents
- People with certain infractions – illegal re-entry, past crimes – need for redemption
Begin to gather documents that establish identity, how long one has lived in the U.S., and relationship to a US citizen or green card holder.
Utilize these credible legal resources:

Help us urge Congress by calling 1-866-940-2439:

To support this action.

- Defeat federal anti-immigrant legislation such as: Bills to stop deferred action,Rejecting additional border militarization and detention beds, protecting unaccompanied children.
- Defend against negative state bills that would deny drivers licenses, IDs to DAP,DACA recipients.

It is our hope that the President’s leadership on this issue will lead to Congressional action,to rebuild a broken immigration system that can respect the rights and dignity of people who have come to the United States seeking refuge, family or the dignity of work and wages.
We would like to thank our Interfaith Immigration Coalition partners for coming together to advocate for these changes and for laying out what this Executive Action means for our respective communities.

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