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Showing posts from July, 2012

Obama Deferred Action ("ODA"): Trickling Information

An exceptional attorney friend of mine, Kimberley Best Robidoux of Larrabee | Mehlman | Albi | Coker LLP attended a question and answer session today at the USCIS San Diego District Office and has provided an outline of the discussion. District Director Paul Pierre spoke initially to provide information and then opened it up to Q&A from the stakeholders who had been invited to the forum. He stated that he was providing what "likely" will happen with regard to the process but that there are still 2 weeks before anything will likely be finalized. So, he said, take everything with a grain of salt. The following is a brief summary of the points that he hit upon:- Anticipated 1.4 million applicants, but that estimate keeps growing (initially started at 800,000)- Applications will likely be processed at the Service Centers and then forwarded to District Offices for interviews (if needed; e.g. criminal issues)- Currently hiring about 400 people for the Service Centers in an…

Update on the Obama Deferred Action Plan

It turns out that President Obama did NOT issue an Executive Order on Deferred Action for youth who entered the US before they turned 16 on June 15, 2012. Rather, DHS Secretary Napolitano issued a MEMO on a specific type of prosecutorial discretion to be exercised towards those youth. In her testimony before the House of Representatives on July 19, 2012, Secretary Napolitano stated that the "deferred action" status they are planning on giving applicants is not “amnesty,” and does not provide any legal status that would give them a pathway to permanent legal residence.
Secretary Napolitano defended her memo as Constitutional and in line with prior decisions on prosecutorial discretion. Clearly, she is on solid ground, but the question each applicant will have to ask is "Do I accept this offer?" Most eligible people will do so, and most will benefit tremendously.
Secretary Napolitano also mentioned that the guidelines and application process on the deferred acti…
So it’s settled: Immigration is federal, not state issue Here is a link to my op-ed, which was published in the Sunday, July 1, 2012 edition of The Salt Lake Tribune, regarding the United States Supreme Court's decision on Arizona's "attrition through enforcement," anti-immigration law known as S.B. 1070:

http://www.sltrib.com/sltrib/opinion/54395664-82/immigration-federal-states-utah.html.csp