Comment: Implementing Deferred Action -
USCIS apparently wants DREAMers to wait till mid-August to apply affirmatively for employment authorization cards. We don't agree. Our reasoning is straight forward. USCIS has a long record of ignoring directives to deliver benefits - consider, for example, the many years the agency let U visa applications gather dust without adjudicating them. Given the record of tardy processing, capped off by excessive bureaucratic nit-picking even in the face of clear orders to deliver benefits, USCIS's mid-August date could easily slip into mid-November, and then to never-ever, should Mr. Romney win the election. While some organizations are concerned with DREAMers possibly facing returned applications, and perhaps being targeted for future enforcement action, we are much more concerned about DREAMers not getting any benefits at all, ever. In other words, we view Mr. Obama's announcement as more MIRAGE than DREAM, UNLESS DREAMers continue to put relentless pressure on the White House, Congress, the Courts, and above all, through public opinion, to ensure that the President actually delivers on his promise. Since Mr. Obama's motivations are transparently political, a convincing political case made now will have an effect of delivering benefits before the election, whereas complacency now will only ensure that no DREAMer gets anything more than words from this administration. We believe DREAMers are a lot smarter than listening to USCIS's exhortation to wait till mid-August, and we encourage DREAMers to put their creative caps on to keep the pressure on.
Greg Siskind has certainly put his thinking cap on, and has some creative suggestions for USCIS: "This is designed to be a post to encourage constructive suggestions for implementing the President's new policy for DREAMers. Here are two to kick things off - 1. Use the I-765 as the application form rather than coming up with something new. Simply add a supplemental instruction form regarding eligibility for the policy and listing types of supporting documents that need to be included. 2. Consider modifying the new ELIS electronic filing system to accept these applications. With a possible million applications coming, the agency is going to face extreme pressures to adjudicate cases in a timely manner and maintain quality control. This is an excellent opportunity for USCIS to show off this robust new system. 3. Do not delay issuing employment cards until after the deferred action is approved. Consider using TPS and adjustment of status as a model. In both types of cases, work cards are granted while the applicant waits on the approval of the underlying application. Remember that not only do you need the EADs to work, but also to get drivers licenses and driving without a license is a way for anti-immigrant zealots like Joe Arpaio in Arizona to make life miserable for DREAMers. Expect to see lots of people thrown in jail for the misdemeanor of driving without a license if you decide to wait on issuing EADs. Other ideas?"
One idea we would like to propose addresses the central problem in delivering benefits: where is the money? Absent fees, which USCIS probably does not have the authority to impose for Deferred Action grants, perhaps the most realistic way forward for DHS to provide USCIS with resources needed to process a huge number of applications is to depute ICE and CBP personnel to assist USCIS staff. This would in no way detract from ICE's and CBP's mission, since reducing the nation's undocumented by a tenth is a step forward in enhancing our country's security. In any event, such deputation would only be temporary - perhaps a couple of months, and given the challenge facing DHS, within DHS's discretionary ability to execute. Augmented by ICE and CBP staff, and perhaps TSA staff as well, USCIS could swiftly process a million or so applications for deferred action, together with employment benefits, and actually deliver these well before any possibility that Mr. Romney rescinds the DHS memorandum on Deferred Action for DREAMers from the White House. Should Mr. Obama get re-elected, perhaps there would be time for DREAMers to take it easy. Now is not that time, since Mr. Romney could well get elected. For now, we urge DREAMers to increase their pressure on the government, since the DREAMers are now so near to finally getting something for all the years of waiting, suffering and activism.
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Focus: Asylum For Experts
Tuesday, June 26 is the deadline to sign up for the Thursday, June 28 phone session of "Asylum For Experts" with David L. Cleveland, Jeffrey Martins, Hilary Han, and Other Speakers to be Announced. The curriculum is as follows:
FIRST Phone Session on June 28:
- Economic harm
- Abortions, IUDs, and "Added" Children
- Emotional Harm: How to Demonstrate it Without an Expert
- "Social" and "Environmental" Harm; Ostracism
- "At Least One Central Reason" Means What? Parussimova v. Mukasey
- Proving Motive and "Nexus"
- Political Opinion
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- Imputed Opinion
- Protesting in USA
SECOND Phone Session on July 12:
- Particular Social Groups
- Gangs Matter of S-E-G- 24 I&N Dec. 579
- Domestic Violence
- Forced Marriage
- Genital mutilation
- Bars to Asylum
- The One-Year Deadline
- Persecutor of Others
- Terrorist Activity
- Firm Resettlement
- Internal Relocation
- Material Support
THIRD Phone Session on August 2:
Tuesday, June 26 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/201206.shtm.
- Discretionary Denials
- Past Persecution, but Now a Change in Circumstances
- "Other Serious Harm"
- Withholding of Removal
- Convention Against Torture
- Country Conditions: From What Sources?
- How to Draw the Story Out of Client
- How to Motivate the Client
- How to Persuade the Asylum Officer
- What exhibits should be given? How many?
- How to Persuade the Immigration Judge
- FOIA the Assessment?
- What Kind of Exhibits?
- What is a leading question?
- Forensic Reports
- Letter From an Embassy
- How Accurate Is the Translator?
- Why Do Clients Lose?
- What mistakes do other lawyers make?
Fax form: http://www.ilw.com/seminars/201206.pdf.
Don't delay, sign up today.
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ComingsNGoings: Immigration Reading
Race Migrations: Latinos and the Cultural Transformation of Race - Wendy Roth - Stanford University Press, 268 pp. - Paperback, ISBN: 0804777969, $24.95 - http://www.amazon.com/exec/obidos/ASIN/0804777969/
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