In keeping with the Republican orthodoxy that nothing good ever comes from the government, Fox News host Greta Van Susteren suggested in an Aug. 15 blog that young undocumented immigrants who apply for relief under the Obama administration’s new deferred action program are giving the government all the information needed to deport them in the future.
Van Susteren also suggested that any immigration lawyer who advises a client to apply for the program is committing, “legal malpractice.”
Are they? Guests Janell Ross, Aggie Hoffman, Erika Almiron, Lizeth Zorilla, Patrick Taurel and Ramzi Kassem shared their thoughts on Huff Post Live Tuesday. (CHECK OUT THE VIDEO ABOVE)
After announcing the program in June, the Obama administration opted to operate the program through U.S. Citizenship and Immigration Services (USCIS) -- a division the Homeland Security Department that oversees visas and other legal immigration matters -- in part to avoid the appearance that the program is some sort of immigrant enforcement activity in disguise. However, USCIS officials have confirmed that applications filed by individuals who are not eligible for the program and represent a high-priority deportation target – such as an undocumented immigrant who has a serious criminal record or represents a threat to public safety or a national security – may be referred to Immigration and Custom’s Enforcement (ICE) for possible removal. ICE is the immigration law-enforcement division of homeland security.
Despite the risk that a sub-set of young undocumented immigrants may face in applying for the deferred action program, most of the nation’s leading immigrant advocacy organizations have set up, staffed and organized application workshops and otherwise endorsed the Obama team’s approach in the absence of legislative action. Under the program many as 1.7 million young undocumented immigrants may be eligible two year, renewable relief from deportation worries and a work permit allowing them to legally hold a job in the United States.
In some states, the deferred action program may also render young undocumented immigrants eligible for driver’s licenses and in-state college tuition rates.
USCIS began accepting applications for the deferred action program last week. There have been no reported deportations connected to the program.
Warnings similar to Van Susteren’s surface each year at tax time when an unknown number of undocumented immigrants file federal income tax returns and, in some cases, pay tax bills or receive tax refunds.
Such tax returns were used to prove the length of time some undocumented immigrants had already lived in the country when the Regan administration created a path to citizenship in 1986 and are, in some cases, also supporting applications filed by young people applying for the new deferred action program.
Van Susteren is the host of Fox News' 'On the Record with Greta Van Susteren.’ She is also a former criminal defense and civil trial lawyer.
Related on HuffPost:
What is Deferred Action For Childhood Arrivals?
Deferred action temporarily prevents deportation of an individual that resides in the United States without a lawful immigration status. <u>It does not give or result in lawful status</u> for the individual, and can be terminated or renewed at the discretion of the Department of Homeland Security (DHS). Deferred action does not excuse any past or future period of unlawful presence, however, individuals whose requests are accepted will not increase their unlawful presence in the country while under the action. Deferred Action for Childhood Arrivals is a new directive introduced by the Obama Administration on June 15, 2012. The policy shift will allow individuals unlawfully brought into the U.S. as children, and who meet certain guidelines, to apply for two years of deferred action subject to renewal and termination at the discretion of the DHS. Once deferred action has been granted, individuals qualify to obtain work authorization in the United States if he or she can prove "an economic necessity for employment." Those applying must meet all specified guidelines, but decisions will be made on a case-by-case basis. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD" target="_hplink">Source: USCIS</a>
Who Is Eligible?
Individuals currently in removal proceedings, with final orders for removal or with voluntary departure orders, qualify as long as they are not in immigration detention. Those who are in detention can request consideration for deferred action from the U.S. Immigration and Customs Enforcement (ICE). Anyone who meets <strong>ALL</strong> 7 guidelines outlined by the Obama Administration is eligible to request deferred action from U.S. Citizenship and Immigration Services (USCIS).
Seven Requirements For Eligibility
Applicants must: 1) Be under 31 years of age as of June 15, 2012. You must be at least 15 years of age, with some exceptions.* 2) Have come into the U.S. <u>before</u> the age of 16. 3) Have lived in the U.S. permanently since June 15, 2012. Some travel acceptable.* 4) Have been physically in the U.S. on June 15, 2012 and when applying for deferred action. 5) Have entered the U.S. without inspection before June 15, 2012 or have had their lawful immigration status expire since then. 6) Be currently enrolled in school at the time of the request. Also eligible are individuals who have graduated from high school, obtained a GED certificate, or are a honorably discharged veteran of the U.S. Coast Guard or U.S. Armed Forces. 7) Have not been convicted of a felony, "significant misdemeanor, 3 or more other misdemeanors," and/or are not seen as a threat to national security or public safety. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD" target="_hplink">*Check USCIS website for details.</a>
How To Apply?
<strong>Before applying</strong>: On their website, the USCIS presents applicants with tips to <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=b9563ab7b8f3b210VgnVCM10000025e6a00aRCRD&vgnextchannel=b9563ab7b8f3b210VgnVCM10000025e6a00aRCRD" target="_hplink">ways to avoid scams</a>. In addition, the USCIS lists <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=0dcc051e2286b210VgnVCM10000025e6a00aRCRD&vgnextchannel=678c051e2286b210VgnVCM10000025e6a00aRCRD" target="_hplink">Before and After Filing Tips</a>, help in finding <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=03be051e2286b210VgnVCM10000025e6a00aRCRD&vgnextchannel=963e051e2286b210VgnVCM10000025e6a00aRCRD" target="_hplink">accredited legal services</a> to aid individuals file for deferred action, and examples of <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=148522800d9bb210VgnVCM100000082ca60aRCRD&vgnextchannel=7a5ca25b1279f210VgnVCM100000082ca60aRCRD" target="_hplink">common scams to avoid.</a> <strong>Applying</strong>: USCIS begins accepting applications on August 15, 2012. Any requests received prior to this date will be rejected. For consideration, individuals must submit the following (next slide) to the USCIS Lockbox.
Forms and Fee
The application consists of: 1) A completed and signed, <a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD" target="_hplink">Form I-821D, Consideration of Deferred Action for Childhood Arrival</a>. Forms should include evidence to support that you meet all 7 guidelines of eligibility. 2) <a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD" target="_hplink">Form I-765, Application for Employment Authorization</a> 3) <a href="http://www.uscis.gov/USCIS/Forms/Form Pages/i-765ws.pdf" target="_hplink">Form I-765WS, Worksheet</a> (which establishes your economic need for employment) 4) Filing fees for Form I-765, which total to $465.
All applicants will undergo a background check. Once the forms and fee are received and deemed complete by the USCIS, applicants will receive a receipt notice. The applicant can complete an additional form if he or she <a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d9056d4e88ac3210VgnVCM100000b92ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD" target="_hplink">would like to receive this notice electronically</a>. Afterwards, the USCIS will send applicants notice of their mandatory appointment at an Application Support Center (ASC) for biometric services.
Fee waivers for the work authorization application and biometric collection cannot be requested, very limited exceptions exist.* Denial of deferred action does not mean applicants will be placed in removal proceedings, however under exceptional circumstances cases may be referred to ICE.* Deferred action can be extended past the initial two year period unless terminated. USCIS's determination may not be appealed, though cases can be reviewed in certain circumstances.* Applicants should NOT travel outside of the United States as of August 15, 2012. Doing so will make the applicant ineligible for deferred action consideration. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD" target="_hplink">*Check USCIS website for details.</a>
How Many People Will Get Relief?
According to The Immigration Policy Center, <a href="http://www.immigrationpolicy.org/just-facts/who-and-where-dreamers-are" target="_hplink">approximately 1.4 million immigrants in the United States are expected to meet the 7 guidelines</a> of the deferred action initiative, now or in the future. An estimated 936,930 meet those requirements as of August 15, 2012. California (412,560), Texas (226,700), Florida (85,750), and New York (70,170) are the states with the highest number of expected beneficiaries. <a href="http://www.immigrationpolicy.org/just-facts/who-and-where-dreamers-are" target="_hplink">Click to view complete chart.</a> Mexican immigrants make up almost 70% of those eligible.
Opposition To Deferred Action
<a href="http://www.hstoday.us/briefings/today-s-news-analysis/single-article/dhs-unveils-guidance-for-deferred-action-for-qualfied-young-illegal-aliens/421b6b17eb43472ec0702b4d7c67c602.html" target="_hplink">Rep. Lamar Smith (R-Texas)</a>, chairman of the House Judiciary Committee: <blockquote>"In order to process the millions of applications from illegal immigrants, the Obama administration will have to divert funding and other resources from processing legal immigration applications. This will lead to a backlog for legal immigrants who followed the rules, while allowing lawbreakers to skip to the front of the line." Adding that the policy shift is an "open invitation for fraud" during the application process. </blockquote> The directive is <a href="http://www.google.com/hostednews/ap/article/ALeqM5hiVdc_qD32hV9d6M_29OxHtAjM3A?docId=a822d4de77c04dbcb5ba0af5db581166" target="_hplink">expected to cost $585 million. </a> Presidential candidate Mitt Romney said in an <a href="http://www.cbsnews.com/8301-3460_162-57454773/romney-immigration-needs-long-term-fix-not-stop-gap/" target="_hplink">interview with CBS News</a>: <blockquote>"With regards to these kids who were brought in by their parents through no fault of their own, there needs to be a long-term solution so they know what their status is."</blockquote>