Presidents Immigration Accountability Executive Actions today and my personal comments, are as follows: 1. Enforcement Priorities Many of the existing ICE memos on enforcement priorities and prosecutorial discretion will be replaced by a new memo with three priorities: (1) Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and persons apprehended on the border; (2) Persons convicted of serious or multiple misdemeanors and very recent border crossers (those who entered after January 1, 2014); and (3) Those who, after January 1, 2014, failed to leave under a removal order or returned after removal. The memo will contain strong language on the use of prosecutorial discretion. MY COMMENTS: I DO NOT AGREE WITH THE PART THAT MAKES A PERSON CROSSING THE BOARDER ILLEGALLY A CRIMINAL FELON, WHEREAS THE CURRENT LAW CONSIDERS SUCH PERSON A VIOLATOR OF CIVIL LAW. THIS IS NOT PERMITTED FOR THE PRESIDENT TO CHANGE THE EXISTING LAW WITHOUT CONGRESSIONAL ACTION. I GUESS HE WANTS TO MAKE A FEW REPUBLICAN HAPPY. 2. Deferred Action Benefiting Approximately 4.4 Million Undocumented Individuals Two deferred action initiatives will be rolled out that are estimated to benefit 4.4 million undocumented individuals: (1) Deferred Action for Parents (DAP): Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since January 1, 2010, and who pass background checks and pay back taxes; and (2) DACA Expansion: The age cap on DACA will be removed and the date when continuous presence must have started will be changed from June 15, 2007 to January 1, 2010. Both of these initiatives will provide deferred action for three years. The expanded DACA should be up and running in 90 days and deferred action for parents in 180 days. Note: no initiative specifically for parents of DACA recipients was included. MY COMMENTS: THIS IS GOOD TO MAKE PARENTS OF DACA APPLICANTS ELIGIBLE FOR WORK PERMITS BUT THEY DO NOT NEED WORK PERMITS BUT THEY NEED TRAVEL DOCUMENTS UNDER AN ADVANCE PAROLE. NOT GOOD ENOUGH. LOOKS LIKE A VERY TIMID ACTION AND VERY MUCH INFLUENCED BY THOSE WHO WANT SOME REPUBLICAN ON OBAMA SIDE BUT THEY HAVE LEFT HIM ALREADY AND IT WILL NOT HAPPEN. 3. I-601A Waiver Expansion: The I-601A provisional waiver will be expanded to include spouses and children of lawful permanent residents. An expansion and clarification of the definition of extreme hardship is also expected. MY COMMENTS: THIS WILL NOT DO MUCH BENEFIT BECAUSE IT HAS BEEN ALREADY IN PRACTICE FOR SOME TIME UNDER PREVIOUS RULES. THOSE WAIVERS GIVEN BEFORE HAVE NOT USED BY MANY BECAUSE THOSE PERSONS WHO LEFT THE USA HAVE NOT BEEN ABLE TO COME BACK BECAUSE THE U.S. CONSUL OFFICES HAVE REFUSED IMMIGRANTS VISA ON SOME OTHER REASONS. I GUESS THIS IS A ROSE THAT ONLY LOOKS ATTRACTIVE FOR THOSE WHO DO NOT KNOW WHERE THE NAILS ARE LOCATED. OBAMA CANNOT BE NAIVE. 4. Timing of Filing for Adjustment of Status The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation. Business Immigration Changes MY COMMENTS: THIS WILL CERTAINLY HELP TO GET WORK PERMIT WHILE I-485 IS PENDING EVEN IF THE VISA IS NOT AVAILABLE BUT IT REQUIRES TO MAINTAIN A STATUS UNTIL THE TIME OF FILING OF I-485. SO HE SHOULD HAVE ALLOWED TO APPLY FOR I-485 ADJUSTMENT EVEN IF THEY ARE ILLEGALS BY PAROLING THEM. I BELIEVE THIS WILL NOT HELP MANY ILLEGALS WHO HAVE FAILED TO MAINTAIN A LEGAL STATUS. 5. A number of business immigration improvements are to be announced. For example, certain investors will be eligible for parole into the U.S., or for parole-in-place, and national interest waivers could be available for entrepreneurs, researchers, inventors, and founders. MY COMMENTS; THIS MAY HELP VERY SMALL GROUP OF PERSONS WITH NO SIGNIFICANT IMPACT. 6. Also, the term same or similar for AC-21 purposes will be clarified, L-1B guidance will be released, the H-4 EAD regulation will be finalized, and the length of time permitted on OPT for STEM graduates will be expanded. Additionally, the rule making process will be undertaken to modernize the PERM labor certification program and may include a harmless error provision. MY COMMENTS; THESE REGULATION HELPS CURRENT ALIEN LABOR CERTIFICATION PROCESS OF OBAMA ADMINISTRATION AND THIS POLICY WILL BE INEFFECTIVE IN THE FUTURE. 7. Visa Modernization There will be a Presidential Memorandum directing the various immigration-related agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visas available under law. Issues such as whether derivatives should be counted towards the visa quota and whether past unused visa numbers can be recaptured are expected to be included in this effort. MY COMMENTS: THIS MAY HELP TO MOVE VISA NUMBERS TO MOVE FASTER BUT NOT AS MUCH AS EXPECTED. AFTER ALL, IT WILL NOT MAKE A BIG DIFFERENCE. 8. State and Local: Piority Enforcement Program (PEP): PEP will entail, but in certain circumstances, detainers may be replaced by requests for notification to ICE when a law enforcement entity is about to release an individual. MY COMMENTS: THIS LEAVES STATE LIKE ARIZONA TO ACT MORE EFFICIENTLY YO ROOT OUT EVEN LEGAL IMMIGRANT OUT OF THE STATE. OBAMA FAILED TO ACT AGAIN. 9. Parole-in-Place Parole-in-place will be expanded to include families of individuals trying to enlist in the armed forces, as some branches of the military ban applicants who have undocumented family members. MY COMMENTS: THIS WILL NOT HELP ALL THOSE WHO WANT TO TRAVEL AFTER THEY HAVE WORK PERMITS. I AM SORRY TO SAY THAT I DID NOT EXPECT THIS SHORT COMINGS IN OBAMAS IMMIGRATION POLICIES. IT LOOKS LIKE HE SHOULD NOT HAVE ACTED LIKE THIS. NOW, OBAMA IS INTRODUCING A NEW RULE, WITHOUT PASSING A LAW, ALL RECENT BOARDER CROSSING IMMIGRANTS ARE CONSIDERED CRIMINAL FELONS, WHICH IS AGAINST THE CURRENT LAWS. THIS WILL FAIL IN COURTS. OTHER BENEFITS ARE NOT SIGNIFICANT FOR ME TO BE HAPPY ABOUT AND THEY ARE LESS ATTRACTIVE. PRESIDENT SHOULD NOT HAVE DISAPPOINTED ALL THE IMMIGRANTS LIKE US. MR PRESIDENT OBAMA: GOOD LUCK TO YOU BECAUSE YOU HAVE NOT ACTED IN FAVOR OF THE IMMIGRANTS. YOU HAD NOTHING TO LOSE AFTER WINING THE SECOND TERM BUT YOU STILL FAILED US.
Posted on: Fri, 21 Nov 2014 05:23:28 +0000
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