This
evening President Obama announced his plan for executive action on
immigration. The President has decided
to take unilateral action on immigration without support of Congress, and as
some polls suggest, without the support of the American populous.
Obama
stressed that his immigration action is lawful while critics disagree. He urged congress to pass a bill on
immigration reform in the future months.
What
does the President’s executive order entail?
The
President made three points related to his plan. 1) More resources will be provided to US
Border Patrol agents on the US-Mexican border.
2) There should be an easier and faster immigration path for highly
skilled workers graduating from US universities. 3) And finally, the need to deal with the current
illegal immigrant population in the United States.
Mr.
Obama provided a more detailed plan to accomplish his third point in dealing
with undocumented individuals currently in the country. He stressed increased deportation of criminal
illegal aliens and made clear that his goal was not to tear families apart.
Undocumented
individuals who have lived in the United States for five or more years, have US
citizen or permanent resident children and pass a background check may remain
temporarily in the US without fear of deportation. The President also mentioned that this
executive order is not a path to citizenship, not a permanent amnesty and not
for recent illegal arrivals.
While
many people are celebrating the President’s announcement – many questions are
left unanswered. Obama stressed that the
deferred deportation is not permanent, however, no mention of how long the
deferment is valid for is mentioned.
Further, many people who followed the Deferred Action for Childhood
Arrivals (DACA) in 2012, recognize that still to this day no mention on how long
the deferment is valid for has been discussed.
Another
issue, and perhaps the most important to immigration lawyers, is how the
documentation of these undocumented individuals will slow down the processing
of currently pending (and future) legal immigration applications. Many have also questioned, what sort of
message is being sent to potential legal immigrants who believe that there is
no point to following the law when they can come to the US, overstay and live
undocumented until the government provides them amnesty.
For
more information on whether you qualify to remain in the United States due to
the President’s executive order, or information on any other immigration
matters, please feel free to contact our office.
Attorney Kyle Barella
(202) 621-3198
kbarella@gcpc.com
