IMMIGRATION NEWSFLASH: PRESIDENT OBAMA EXPANDS IMMIGRATION RELIEF THROUGH EXECUTIVE ACTION

In the absence of congressional reform, President Obama announced last night that he will use his executive authority to implement a number of significant changes to the immigration system.  These include:

Deferred Action Relief

Deferred Action for Parents (DAP): Work authorization and protection from deportation will be extended to parents of U.S. citizens and lawful permanent residents who have been continuously present in the U.S. since January 1, 2010, and who pass background checks and pay back taxes.  Initial estimates project that up to 4 million people may benefit from DAP.

Expansion of the current DACA program: Eligibility for Deferred Action for Childhood Arrivals (DACA) will be expanded to include applicants of all ages who arrived in the U.S. before turning 16 years of age, and who have been continually present in the U.S. since January 1, 2010.  In addition, the validity period of DACA work permits (and DAP as well) will be extended from two to three years.  

Expansion of Employment-Based Benefits

Among those likely to benefit in the employment context are beneficiaries of approved immigrant petitions who are unable to file adjustment of status applications due to visa backlogs (and who will now be able to obtain work and travel permission, and change jobs as needed); recent STEM (science, technology, engineering and math) graduates who will be eligible for an extended period of Optional Practical Training; foreign entrepreneurs (who can benefit from a new parole program); and some H-4 visa holders (spouses of H-1B workers) who will be able to obtain work authorization.  President Obama is also expected to order the publication of new rules regarding L-1B (specialized knowledge) intracompany transferees, as well as make improvements to the PERM (labor certification) system.

Enhanced Family-based Relief

In addition to the creation of DAP and expansion of DACA, family-based improvements include expansion of I-601A Provisional Waivers to include spouses and children of permanent residents, as well as expanded relief for undocumented family members of individuals seeking to enlist in the military.

Added Enforcement Provisions

Additional resources will be directed toward the continued militarization of the southern border, including the hiring of 20,000 more border patrol agents.  At the same time, priorities for deportation will be revised to reflect 3 tiers, listed here in descending order: Priority 1 includes suspected terrorists, convicted gang members, non-citizens convicted of aggravated felonies and individuals apprehended at the border while unlawfully entering the U.S.  Priority 2 consists of individuals convicted of three or more misdemeanor offenses or a significant misdemeanor (including DUI), serial abusers of the Visa Waiver program, and non-citizens apprehended who entered the U.S. after January 1, 2014.  Priority 3 refers to non-citizens issued final orders of removal after January 1, 2014.  Since immigration detention and deportation quotas will remain, it is likely that the Obama Administration will continue its aggressive enforcement activities, most likely directed against individuals who fall under the new priorities.

Those Left Out

The President's announcement last night left out a number of people hoping to benefit from Administrative Relief, including undocumented parents of DACA recipients, undocumented workers without families in the U.S., farm workers and LGBTQ individuals (who are less likely to have family members in the U.S.).

Please note that this summary does not fully cover the scope of immigration initiatives to be enacted under President Obama's new policy.  They are a peak into some of the more significant areas to be addressed.  As with all governmental initiatives, the devil will be in the details, which are still being worked out.

We will keep you posted as the above changes begin to take shape under the current administration.

Wormser, Kiely, Galef & Jacobs LLP provides businesses and individuals with immigration-related counsel and support. Please feel free to forward this message to your friends or colleagues who may be impacted by the above-noted changes or may require immigration-related assistance.

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