Category Archive Immigration News

ByPhillip Kim

Obama Could Announce Executive Action This Friday.

President Obama could unveil as soon as this Friday his planned, unilateral overhaul of the nation’s immigration system. Senior administration officials have said Obama is prepared to “go big.”

Homeland Security Secretary Jeh Johnson said over the weekend that the administration is in the “final stages” of developing the plan, which he described as comprehensive, touching all aspects of American immigration including border security.

One aspect of Obama’s planned action will be an order to, on a temporary basis, exempt from deportation and grant work permits to as many as 5 million undocumented immigrants.

Obama has said he is prepared to expand a 2012 program, Deferred Action for Childhood Arrivals, to cover the parents of DACA applicants.

According to the latest ABC News/Washington Post poll, a majority, 52 percent of Americans, said they would like to see Obama act unilaterally on immigration in the absence of Congressional action, with 44 percent opposed.

From ABCNews

ByPhillip Kim

CA Driver’s License for Undocumented Immigrants

CA Driver’s License for Undocumented Immigrants

Undocumented Immigrants may apply for a CA Driver’s License starting January 2015.

May apply with a Valid ID and Proof of Residency

I. Identification Documents – one of the following:

Mexican Federal Electoral Card (Instituto Federal Electoral (IFE) Credencial para Votar –2013 Version)
Mexican Passport (issued in 2008 or later)
Mexican Consular Card (Matricula Consular- 2006 and 2014 versions)
Foreign Passport that is valid, approved by the department and accompanied with a social security number that is electronically verifiable with the Social Security Administration.

II. Proof of Residency – one of the following:

Rental/Lease agreement
School records
Medical records
Utility bills
Employment docs
IRS docs
Federal gov. issued docs

For the Complete List:
https://apps.dmv.ca.gov/ab60/doc_req_matrix.pdf

ByPhillip Kim

Gov. Brown Signs Immigration Reform Bills Into Law

Immigration rights activists are applauding Gov. Jerry Brown for signing three immigration reform bills.

The bills include legislation creating the State Dream Loan Program, which will provide $9.2 million for state public universities to administer loans to undocumented students.

“I think the greatest benefit for myself would be that I can make a single payment towards my tuition,” said Oswaldo Hernandez, an undocumented student working towards his master’s in education at California State University, Sacramento. Because of his immigration status, he is ineligible for federal financial assistance and most private loans.

“My first few semesters I had to work grave yard and then mornings while being a full-time student,” Hernandez said. He will have access to the new loan program.

Another bill signed by Brown, Senate Bill 1159, will allow undocumented immigrants to apply for professional state licenses to work as doctors, dentists, nurses and in other professions. Brown also has signed legislation allocating $3 million for non-profit organizations to legally represent minors in their deportation cases. The legislation is a response to the surge in the number of unaccompanied Central American children arriving on the U.S.-Mexico border,

“I think Gov. Brown has been an active participant as it relates to taking leadership on immigrant issues in the state,” said Ronald Coleman of the California Immigrant Policy Center. “[Immigration] advocates and the governor haven’t always agreed but I think the governor has always shown good intent to make sure we can do the right things to meet the needs of our state residents.”

Taking on immigration issues is nothing new for the governor. In 2011, Brown signed the California Dream Act into law, allowing undocumented children brought into the U.S. under the age of 16 to apply for student financial aid.

Last year, Brown also approved a controversial bill that will grant driver’s licenses to undocumented immigrants.

Opponents say these new laws will attract more immigrants to unlawfully cross the border and use California resources.

Source: News10 ABC

ByPhillip Kim

Unauthorized Immigrants Today: A Demographic Profile

Data from the U.S. Census Bureau and other sources provide some much-needed social context to the immigration debate.

(1) Three-fifths of unauthorized immigrants have been here for over a decade.

(2) One out of every 20 U.S. workers is an unauthorized immigrant.

(3) While unauthorized immigrants are concentrated in California, Texas, Florida, and New York, there are sizeable populations of unauthorized immigrants in other states across the country.

(4) Three-fifths of unauthorized immigrants come from Mexico, but significant numbers also come from Central America and the Philippines.

(5) Nearly half of all adult unauthorized immigrants have children under the age of 18, and roughly 4.5 million native-born U.S.-citizen children have at least one parent who is an unauthorized immigrant.

(6) More than half of unauthorized immigrant adults have a high-school diploma or more education.

(7) Nearly half of longtime unauthorized households are homeowners.

(8) Approximately two-fifths of unauthorized immigrant adults attend religious services every week.

(9) The size of the unauthorized population stands at just under 12 million.

(10) The Pew Research Center estimates that there were 11.7 million unauthorized immigrants in the country as of 2012; virtually the same as in 2008. This was down from a high of 12.2 million in 2007, but up from 8.6 million in 2000

*** As you can see above, most unauthorized immigrants are already integrating into U.S. society not only through their jobs, but through their families and communities as well.

Immigrationpolicy

ByPhillip Kim

Obama Wants to Issue Work Permits to Undocumented Immigrants before November Mid-Term Elections

Even as they grapple with an immigration crisis at the border, White House officials are making plans to act before November’s mid-term elections to grant work permits to potentially millions of immigrants who are in this country illegally, allowing them to stay in the United States without threat of deportation, according to advocates and lawmakers in touch with the administration.

Such a large-scale move on immigration could scramble election-year politics and lead some conservative Republicans to push for impeachment proceedings against President Barack Obama, a prospect White House officials have openly discussed.

Yet there’s little sign that the urgent humanitarian situation in South Texas, where unaccompanied minors have been showing up by the tens of thousands from Central America, has impeded Obama from making plans to address some portion of the 11.5 million immigrants now in this country illegally. Obama announced late last month that congressional efforts to remake the nation’s dysfunctional immigration system were dead and he would proceed on his own authority to fix the system where he could.

Since then he’s asked Congress for $3.7 billion to deal with the crisis of unaccompanied youths, a request that’s gone unmet even as the House and the Senate scramble to see if they can vote on some solution to the crisis this week before adjourning for their annual August recess.

Meanwhile, White House officials led by Domestic Policy Council Director Cecilia Munoz and White House Counsel Neil Eggleston, along with Homeland Security Secretary Jeh Johnson, have been working to chart a plan on executive actions Obama could take, hosting frequent meetings with interest groups and listening to recommendations from immigration advocates, law enforcement officials, religious leaders, Hispanic lawmakers and others.

Advocates and lawmakers who were in separate meetings Friday said that administration officials are weighing a range of options including reforms to the deportation system and ways to grant relief from deportation to targeted populations in the country, likely by expanding Obama’s two-year-old directive that granted work permits to certain immigrants brought here illegally as youths. That program, called Deferred Action for Childhood Arrivals, or DACA, has been extended to more than 500,000 immigrants so far.

Advocates would like to see deferred action made available to anyone who would have been eligible for eventual citizenship under a comprehensive immigration bill the Senate passed last year, which would be around 9 million people. But Obama told them in a meeting a month ago to “right-size” expectations, even as he pledged to be aggressive in steps he does take.

That’s led advocates to focus on other populations Obama might address, including parents or legal guardians of U.S. citizen children (around 3.8 million people as of 2009, according to an analysis by Pew Research’s Hispanic Trends Project) and parents or legal guardians of DACA recipients (perhaps 500,000 to 1 million people, according to the Fair Immigration Reform Movement).

“Our parents deserve to live without the fear of deportation,” Maria Praeli, a 21-year-old who came to the United States from Peru 16 years ago, said at a protest outside the White House on Monday. “It is time for the president to go big and to go bold.”

Another focus could be the potentially hundreds of thousands of people who might be eligible for green cards today if current law didn’t require them to leave the country for 10 years before applying for one.

At the same time, the U.S. Chamber of Commerce says it is actively working to determine whether there are steps Obama could take by executive action that could help the business community.

For Obama, the political repercussions of broad executive action on immigration could be unpredictable, and extreme.

Republicans are warning he could provoke a constitutional crisis.

“It would be an affront to the people of this country which they will never forgive, it would be a permanent stain on your presidency,” Sen. Jeff Sessions, R-Ala., said on the Senate floor Monday, while urging language to block such executive action be made part of any legislation to address the border crisis.

House Judiciary Committee Chairman Bob Goodlatte, R-Va., announced plans to use an oversight hearing on the U.S. Citizenship and Immigration Services agency Tuesday to raise questions about Obama’s plans, which he warned could “worsen the border crisis and encourage many more to come.”

On the other side, some Democrats have debated the best timing for Obama to take executive action, raising questions as to whether acting before the midterms could hurt vulnerable Senate Democrats in close races while boosting turnout among the GOP base.

But liberal advocates noted that Obama’s move on deferred action two years ago gave him a boost heading into his re-election and could help this year with Latino voters discouraged over the failure of immigration reform legislation and record-high deportations on Obama’s watch. Republicans would be in a position of deciding whether to come out in favor of deporting sympathetic groups, such as parents, and many liberals say impeachment talk would only shore up Democratic base voters.

“Most Democrats will be thrilled” if Obama acts boldly on immigration, said Frank Sharry, executive director of America’s Voice, a leading advocacy group. “And Republicans will keep lurching to the right and cementing their reputation as the anti-immigrant party.”

(From AP and Yahoo News)

ByPhillip Kim

Arizona Must Give Driver’s Licenses to DREAMers; DACA

The U.S. Court of Appeals for the 9th Circuit recently ordered the State of Arizona to put an end to its policy of denying driver’s licenses to individuals who were granted Deferred Action For Childhood Arrivals (“DACA”).

In an unanimous ruling, the 9th Circuit stated that Arizona’s policy of denying driver’s licenses was unconstitutional since it violated the Equal Protection Clause. The 9th Circuit’s ruling was a huge victory for young DREAMers in Arizona in need of a driver’s license to drive to school and to work.

The full 9th Circuit court opinion may be found HERE.

ByPhillip Kim

LAPD will NOT detain undocumented immigrants without …

The city of Los Angeles announced that it will NO longer honor requests from federal immigration officials to detain undocumented immigrants for possible deportation without either a court order or arrest warrant, citing constitutional concerns raised by recent court decisions.

In announcing the decision, Mayor Eric Garcetti and police Chief Charlie Beck cited a recent decision by a federal judge in Oregon who found that local authorities violated the 4th Amendment rights of an undocumented immigrant held for two weeks on an ICE hold despite being eligible for release. Specifically, the judge found that such detainers lacked the necessary legal underpinnings, such as probable cause or a judicial determination, required to hold a suspect for a longer period.

Los Angeles’ decision to stop honoring the ICE requests represents another front in the immigration fight, with other local governments, including Philadelphia, Cook County, Ill., Newark, N.J., and other areas in California, recently deciding to limit or end their cooperation with federal immigration enforcement.
(from NBC News)

ByPhillip Kim

Special Immigrant Juvenile (SIJ) Status For Undocumented Children

The rise in the number of undocumented children from Central America has raised significant concerns recently. Many young children are crossing through the Mexico-Texas border and being apprehended by United States border patrol from the Department of Homeland Security. Over 60,000 unaccompanied minors have been apprehended since last October while attempting to enter the United States illegally. These unaccompanied minors have fled their home country in Central America, particularly from El Salvador, Guatemala, and Honduras, in order to escape the crime and gang violence there.

When an unaccompanied minor is apprehended, the Department of Homeland Security has 48 hours to ascertain the child’s identity and citizenship. The child must then be transferred to a shelter managed by the US Department of Health and Human Services within 72 hours of apprehension. While waiting for their immigration court hearings, efforts will be made to reunite those children with their family.

Many are not aware, but some of these children who are unable to be reunited with their parents or family may qualify under the Special Immigrant Juvenile Status (SIJ) which will allow them to legally stay in the United States. In order to qualify, the child will have to be unmarried and under 21 years old. The child must prove they have been abused, abandoned, or neglected. A state court must also declare the child as a dependent of the court.

ByPhillip Kim

Obama Administration Will Allow Undocumented Illegal Immigrants Under DACA to Join the Military

The Obama Administration approved a policy expansion to the current existing Military Access Vital to National Interest (“MAVNI”) plan which would allow young undocumented illegal immigrants approved under the Deferred Action for Childhood Arrivals Program (“DACA”) to join the United States military. To join the military under MAVNI, a person must possess specialized language or medical skills needed by the military. Enlistment in the military would create a pathway for expedited US citizenship for those who qualify.

Federal law does not allow any person to be naturalized unless the person has been lawfully admitted to the United States for permanent residence. MAVNI was established later to provide an exemption to refugees, asylees, those in Temporary Protected Status (“TPS”)and other foreign nationals to allow them to enlist in the military even though they do not possess a green card. MAVNI has now been expanded by the Obama administration to include DACA recipients also.

ByPhillip Kim

AB 540: In-State Tuition For Undocumented Students In California; Dream Act

Undocumented students attending college in California may be eligible to receive in-state tuition for UC, CSU, or California Community colleges rather than paying tuition at nonresident rates.

In order to be eligible under AB 540, you must:

(1) have attended a California high school for three years;
(2) have graduated from a California high school or attained the equivalent of a high school diploma;
(3) have enrolled or is registering to be enrolled at a UC, CSU, or California Community college; and
(4) file an affidavit with the college stating that you have filed an application to legalize your immigration status or will file an application as soon as you are eligible.

To further determine eligibility, you are advised to contact the Admissions Department or School Registrar at the college you are seeking to attend.