Deferred Action

Deferred Action

What Early DACA Application Numbers Tell Us About the Future of the Program

What Early DACA Application Numbers Tell Us About the Future of the Program

It hasn’t even been a month since the United States Citizenship and Immigration Services (USCIS) first started accepting requests for deferred action under its Deferred Action for Childhood Arrivals (DACA) initiative, yet the New York Times reported this week that the first approvals are already on their way.  The Times also reported that the agency has received 72,000 applications as of September 11—almost double the 40,000 reported in the Wall Street Journal just the day before.  That’s not bad at all for a program that was only announced three months ago and put into place by the government in 60 days. Read More

Why Kobach’s Lawsuit Against Deferred Action is Unlikely to Stand Up in Court

Why Kobach’s Lawsuit Against Deferred Action is Unlikely to Stand Up in Court

Kris Kobach’s official job title is Kansas Secretary of State. But he is better known for drafting—and being hired to defend in court—state and local immigration laws designed to make undocumented residents “self-deport.” His two most notorious undertakings are Arizona SB 1070 and Alabama HB 56, which have largely been eviscerated by federal courts. Yesterday, Kobach embarked on a new legal escapade, filing a lawsuit to block the Obama administration from granting deferred action to so-called “DREAMERers,” undocumented immigrants who arrived in the country as children. Fortunately, although sure to generate headlines, the lawsuit has little chance of standing up in court. Read More

Sore Loser, Jan Brewer, Continues Anti-Immigrant Crusade

Sore Loser, Jan Brewer, Continues Anti-Immigrant Crusade

Despite losing both the legal and public relations battles in the fight over SB 1070, Arizona’s Governor Jan Brewer was anxious to put Arizona back in the spotlight this week. Although she can’t prevent people from requesting or receiving deferred action, she issued an executive order that attempts to prevent Arizona recipients of Deferred Action for Childhood Arrivals (DACA) from obtaining driver’s licenses in her state.  The order, which also banned access to public benefits (something DACA recipients are ineligible for, anyway) has been characterized as mean-spirited and belligerent, but it is also just wrong on the facts Read More

Busting Myths About Deferred Action

Busting Myths About Deferred Action

Beginning today, undocumented immigrants brought to the country as children may officially submit requests for deferred action, a form of prosecutorial discretion that protects recipients from deportation and allows them to work legally in the United States for up to two years. As might be expected, numerous inaccuracies have surfaced in media coverage and other commentary about the initiative, known formally as Deferred Action for Childhood Arrivals (DACA). Below, we address common falsehoods about deferred action in general and the Obama administration’s initiative in particular. Read More

BREAKING: Deferred Action Request Forms Now Available Online

BREAKING: Deferred Action Request Forms Now Available Online

  Earlier this afternoon, the Obama administration officially released the forms to request deferred action that may be filed by undocumented immigrants who arrived in the country as children and meet various other requirements. Beginning tomorrow, August 15, applicants may mail their requests to specified facilities maintained by U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS). While many questions about the initiative remain to be answered, the basic filing requirements are now clear. Read More

Can Deferred Action Beneficiaries Get Driver’s Licenses?

Can Deferred Action Beneficiaries Get Driver’s Licenses?

As the Deferred Action for Childhood Arrivals (DACA) initiative begins accepting applications this week, many are wondering whether beneficiaries of the program will be eligible to obtain a state driver’s license. At this point the answer is: it depends. Read More

Why Deferred Action is Not Amnesty

Why Deferred Action is Not Amnesty

Long before President Obama announced his plan on deferred action for childhood arrivals, immigration restrictionists were arguing that any exercise of prosecutorial discretion benefitting undocumented immigrants was equivalent to “amnesty.”  Consequently, it’s no surprise that one of the biggest myths supporters of the program have had to address is that deferred action is a type of amnesty. Read More

Administration Releases Details on Deferred Action for Childhood Arrivals

Administration Releases Details on Deferred Action for Childhood Arrivals

The Department of Homeland Security today released details on its plan to grant “deferred action” to immigrant youths who were brought to the country as children. The announcement, which was accompanied by an updated FAQ and other materials on how to apply, comes eight weeks after DHS Secretary Janet Napolitano revealed the initiative, which could immediately benefit more than 900,000 immigrants. The new guidance from DHS addresses many questions about the application process—the answers to which appear below—but leaves others unresolved. Read More

Where and Who Are The Young People Eligible for the President’s “Deferred Action” Initiative

Where and Who Are The Young People Eligible for the President’s “Deferred Action” Initiative

The Obama Administration’s “deferred action” initiative for unauthorized youth who were brought to this country as children has raised a number of crucial questions. How many people will be eligible? Who are they? And where do they live? A new analysis by the Immigration Policy Center (IPC), together with Rob Paral & Associates, provides some answers. While other analyses have produced national and state-level estimates of how many immigrants could benefit from the deferred action initiative, the IPC report provides a new level of detail, breaking down the eligible population by nationality and age at not only the national and state level, but the congressional district level as well. Read More

ICE Numbers on Prosecutorial Discretion Keep Sliding Downward

ICE Numbers on Prosecutorial Discretion Keep Sliding Downward

Since June 15, the immigration world has largely focused on the impending “deferred action” initiative for individuals who could have qualified for relief under the DREAM Act. Meanwhile, comparatively little attention has been paid to the still ongoing review of more than 300,000 pending removal cases for individuals meriting a favorable exercise of prosecutorial discretion. Although Immigration and Customs Enforcement (ICE) has not released official statistics from the review for nearly two months, figures derived from a recent media account indicate that the agency is now offering to close cases at less than half the rate as when the initiative began. Read More

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