Overview of Limited Administrative Relief from RemovalOn June 15, 2012, the Secretary of Homeland Security Janet Napolitan...
This is an exercise of “Prosecutorial Discretion” which is beingcategorized as a grant of “Deferred Action”. While it is N...
INA § 244 [8 USC § 1254] TEMPORARY PROTECTED STATUS    (c) Aliens Eligible for Temporary Protected Status.-          (2) E...
SEE:  • http://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-     individuals-who-came-to-us-as-child...
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Overview of limited administrative relief from removal

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DREAM-like Relief.

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Overview of limited administrative relief from removal

  1. 1. Overview of Limited Administrative Relief from RemovalOn June 15, 2012, the Secretary of Homeland Security Janet Napolitano signed aMemorandum entitled: “Exercising Prosecutorial Discretion with Respect to IndividualsWho Came to the United States as Children” which provides for limited relief fromremoval.The Memorandum is a Directive to the Heads of three primary DHS Agencies that enforce theImmigration and Nationality Act (INA or Act).Those Agencies are: • U.S. Immigration and Customs Enforcement (ICE), • U.S. Customs and Border Protection (CBP), and • U.S. Citizenship and Immigration Services (USCIS).All three Agencies will use the following same basic criteria:The following criteria should be satisfied before an individual is considered for an exercise ofprosecutorial discretion pursuant to this memorandum: • came to the United States under the age of sixteen; • has continuously resided in the United States for a least five years preceding the date of this memorandum [BEFORE June 15, 2012] and is present in the United States on the date of this memorandum; • is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; [Student, graduate, or honorably discharged veteran.] • has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and [See INA § 101(h) and • is not above the age of thirty. [¿Up to the day before 31st birthday? ¿As of when? ¿ On June 15, 2012, or at “time of filing” a request, or at “time of adjudication”?]It is my impression that the minimum age of 15 years for requestingthis relief is principally associated with child labor standards andlaws in the United States. This belief is because the primarytangible benefit of this deferral of action will be the attainment of anEAD (employment authorization document—a photo ID aftercapture of biometrics at an ASC: photo, fingerprints, andsignature). An I-765 will be needed but will USCIS develop asupplement and/or checklist for the eligibility criteria? Page 1 of 4
  2. 2. This is an exercise of “Prosecutorial Discretion” which is beingcategorized as a grant of “Deferred Action”. While it is NOT TPScertain criteria applicable to TPS are useful guides.8 CFR § 274a.12 Classes of aliens authorized to accept employment. * * * * * (c) Aliens who must apply for employment authorization. An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. USCIS, in its discretion, may establish a specific validity period for an employment authorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending. * * * * * (14) An alien who has been granted deferred action, an act of administrative convenience to the government which gives some cases lower priority, if the alien establishes an economic necessity for employment;INA § 101 [8 USC § 1101] DEFINITIONS (h) For purposes of section 212(a)(2)(E) 1, the term "serious criminal offense" means- (1) any felony; (2) any crime of violence, as defined in section 16 of title 18 of the United States Code; or (3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.1 INA § 212(a)(2)(E) relates to aliens “who have asserted immunity from prosecution”, i.e.former diplomats. ICE appears to use these criteria as a guide across the board. There are toomany BIA Precedents on individual criminal statutes to list here. Page 2 of 4
  3. 3. INA § 244 [8 USC § 1254] TEMPORARY PROTECTED STATUS (c) Aliens Eligible for Temporary Protected Status.- (2) Eligibility standards.- (A) Waiver of certain grounds for inadmissibility.-In the determination of an aliens admissibility for purposes of subparagraph (A)(iii) of paragraph (1)- (i) the provisions of paragraphs (5) and (7)(A) of section 212(a) shall not apply; (ii) except as provided in clause (iii), the ...[Secretary]... may waive any other provision of section 212(a) in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest; but (iii) the ...[Secretary]... may not waive- (I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section, (II) paragraph (2)(C) of such section (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana, or (III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide). (B) Aliens ineligible.-An alien shall not be eligible for temporary protected status under this section if the ...[Secretary]... finds that- (i) the alien has been convicted of any felony or 2 or more misdemeanors committed in the United States, or (ii) the alien is described in section 208(b)(2)(A) . Page 3 of 4
  4. 4. SEE: • http://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion- individuals-who-came-to-us-as-children.pdf [MEMO] • http://www.dhs.gov/ynews/releases/20120612-napolitano-announces- deferred-action-process-for-young-people.shtm [DHS WEB POST-PRESSS RELEASE] • http://www.dhs.gov/files/enforcement/deferred-action-process-for-young- people-who-are-low-enforcement-priorities.shtm [DHS FAQ’s]To aid in the legal research into criminal convictions and their immigrationconsequences please search the internet for something like “immigrationconsequences of criminal convictions” and you should find links to MANYresources. Public Defenders Offices, Law Schools, Immigration Judges, and U.S.Attorney’s Offices as well as some well known organizations (or members thereof)have posted compilations of these issues in handy charts for many different states.Finally, EOIR’s Virtual Law Library has much to offer at:http://www.justice.gov/eoir/vll/libindex.html Page 4 of 4

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