Comment: - Childhood Arrivals -
USCIS hosted a teleconference with Director Mayorkas earlier today on the Deferred Action program which has now been cleverly, and accurately, re-branded as the "Childhood Arrivals" process. Brief comments follow on (i) jurisdictional issues and what they signify; (ii) possible minor legal errors; and (iii) possible political consequences for November.
- Jurisdictional Issues and What They Signify:
It is now clear as to why there was a delay in information being made available, vide repeated postponements of earlier scheduled teleconferences on Childhood Arrivals. It is apparent that there was a tug of war between ICE and USCIS as to jurisdiction over this process. As of August 15, 2012, ICE will be severed from the process of granting deferred action. This will be beneficial as ICE's forte is law enforcement, while Childhood Arrivals is primarily a benefits process. USCIS, with primary control over the situation now, will be able to offer smoother adjudication.
- Possible Minor Legal Errors:
The phrase "as of" in requirement #5 in today's announcement possibly conflicts with Sercretary Napolitano's earlier announcement. Obviously, overstays will not be penalized over EWIs. So, we suggest the proper reading of the phrase "as of" should be "as of, or before". The Fleuti doctrine concerning travel naturally survives in the Childhood Arrivals process prior to August 15, 2012. However, today's USCIS announcement seems to suggest that the Fleuti doctrine will not survive in discretionary decision making after that date. The legal basis for this is unclear.
- Possible Political Consequences for November:
Immigration Daily has always been and continues to remain a non-partisan newspaper. If President Obama is able to provide large-scale benefits to immigrants, we will support him whole-heartedly. We will be looking forward to mass approvals, not simply mass-scaled processing. ILW.COM will continue to monitor and report the real numbers in deferred action actually granted.
Today's Obama's Deferred Action Promise Graph
Article: Shaping Citizenship Policies to Strengthen Immigrant Integration by Natalia Banulescu-Bogdan
Blogging: OCAHO Finds No Constructive Knowledge by Bruce Buchanan
Blogging: Backlogs and Deportations Growing Despite Prosecutoral Discretion by Danielle Beach-Oswald
Blogging: Detained Immigrants Being Used As Slave Labor by Matthew Kolken
Blogging: America Is Winning Many Olympic Medals. But Where Are Its Medals For Showing Kindness To Foreign Athletes - Or Immigrants? by Roger Algase
News: Senate Approves Bill S. 3245 On E-Verify and EB-5 Programs
News: USCIS Issues Press Release On Deferred Action Process
News: USCIS Issues FAQ On Deferred Action Process
News: USCIS Releases Brochure On Deferred Action Process
News: USCIS Releases Flowchart Explaining Deferred Action Process
News: House Oversight Committee Holds Hearing On Oversight Of OIG Investigations
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Letters of the Week: Judith Marty, Moujan Nosrat
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