Friday, June 22, 2012

NEW IDEAS FOR DREAM ACT ELIGIBILITY FOR DEFERRED INSPECTION

My colleague Greg Siskind suggested some creative ideas to USCIS to implement the DREAM act eligible children for deferred inspection as President Obama proposed.  
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. 

Friday, June 15, 2012

USCIS TO ALLOW DEFERRED ACTION TO DREAM ACT STUDENTS

Just coming over the wires. USCIS will allow deferred inspection for eligible DREAM act students and those who already graduated. Eligible beneficiaries must meet the following rules: - be 30 years old or younger and entered before age 16 - have lived 5 years or more in the US - have maintained continuous residence Other details - - No time limit on when you can apply - Are currently in school, have graduated from high school, have obtained GED diploma, or are honorably discharged Coast Guard or Armed Forces veterans - No felons - 2 year renewable periods of deferral-All deportation proceeding s will be halted for eligible people - Details are not provided but eligible beneficiaries can apply for work authorization.  More info to come soon. For more, go to my partner Greg Siskind's blog: http://blogs.ilw.com/gregsiskind/2012/06/ice-faq-on-obama-dream-policy.html

Thursday, June 14, 2012

GEORGIA PRISONERS WORK TO EASE FARM LABOR SHORTAGE

After last year's effort to put people on parole back to work to ease farm labor shortage jobs unsuccessfully in Georgia after HB87, now prisoners are working in farms. Some prison inmates are working on a Vidalia onion farm in southeast Georgia, as part of a state program to fill empty farm jobs. These inmates are ones who are considered ready to return to the outside world, and a part of their paychecks goes to the state to help reimburse incarceration costs. This fills a few hundred jobs, when thousands are needed. There are fewer immigrant/migrant workers in Georgia after HB87 the anti-immigration law has been enacted. Maybe Rep. Matt Ramsey who orchestrated HB87 will go and work a week on a farm. That will be the day...