ILW.COM - the immigration portal Immigration Daily

Immigration Daily June 22, 2012
Previous Issues
The unmatched news resource for legal professionals. Free! Join 35,000+ readers

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.

Please let us know your thoughts by writing to us at

Article: Immigration Daily Comments On Letter From Twenty Republican Senators To The President by Immigration Daily

Article: Expanded List of STEM Eligible Degrees Announced by Sheela Murthy et al.

Article: Crushing ICE? The Case of U.S. v. Ronning Landscape, Inc. by Ann Cun

Bloggings: Supreme Court Tilts The Campaign Financing Imbalance Even Further In Favor Of The Republican Billionaires. What Does This Mean For Immigration? by Roger Algase

Bloggings: Business As Usual: Less Than A Week Later ICE Cites John Morton Memo Denying Stay Of Removal For DREAMer by Matthew Kolken

Bloggings: Op-Ed: Congress Fails on Immigration Reform by Greg Siskind

News: DOS Issues Press Release On Changes to E-1 and E-2 Visas In Mexico

News: USCIS Announces Naturalization Of Former Refugees to Commemorate World Refugee Day

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
  • Whistle-Blowing and Resisting Corruption
  • 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
    • Crimes
    • Terrorist Activity
    • Firm Resettlement
    • Internal Relocation
    • Material Support

THIRD Phone Session on August 2:

  • Discretionary Denials
  • Past Persecution, but Now a Change in Circumstances
  • "Other Serious Harm"
  • Withholding of Removal
  • Convention Against Torture
  • Corroboration
  • 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?
Tuesday, June 26 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online:

Fax form:

Don't delay, sign up today.

Headline: For Young Immigrants With a Past, A Fear of Falling Into Policy's Grey Area
Headline: FACT CHECK: Romney's immigration promises
Headline: Pro-Immigrant GOP Group Reacts to New Obama Immigration Plan
Headline: Political panel: Immigration conversation
Headline: Midwest farm town, transformed by immigration, thrives
Headline: Video: A wave of Asian immigration
Headline: msnbc: Romney faces challenge on immigration
Headline: Can a Small Country Have a Big Heart?

To submit an article or a news item to Immigration Daily, write to Follow ILW.COM on Twitter.

Help Wanted: Immigration Attorneys
Toronto, Canada - Greenberg Turner, a Canadian Corporate Immigration law firm, is seeking an immigration attorney with global file management experience. An ideal candidate must demonstrate complex problem-solving capabilities, attention to details, superior communication skills, and be comfortable managing a reasonable caseload in a fast-paced and collegial team. Fluency in multiple languages is an asset. Please submit your resume via email to or by fax to 416-943-0289

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here

To place a classifieds ad in Immigration Daily, see here

Letters of the Week: Honza Prchal, Gladys Farris, R. Yang. Jim Roberts, Kenneth Rinzler, Theresa Pepe, jimblaze17, Agnes Gimenez, Joe Whalen, Debby Cincotti de Covarrubia, Jose E. Latour, Nera Shefer, T V Krishnamurthy, R. Yang, Greg, Jim, David Ware

ComingsNGoings: Immigration Reading
Race Migrations: Latinos and the Cultural Transformation of Race - Wendy Roth - Stanford University Press, 268 pp. - Paperback, ISBN: 0804777969, $24.95 -

Readers can share professional announcements (up to 100-words at no charge), email:

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2012 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong