Paolo was only six months old when he arrived in California with his parents. After his visitor’s visa expired, Paolo’s parents decided to continue to stay in unlawful status. Paolo grew up in the United States and did not learn about his immigration status until he was 16 years old. When he discovered that he was undocumented, Paolo stopped studying and instead worked, without authorization, as a caregiver for a family friend. In the meantime, Paolo’s parents were divorced and Paolo was left to the care of his Uncle Ramon.
After hearing of the Obama administration’s “deferred action” initiative for young immigrants, his Uncle Ramon sought legal assistance for Paolo to obtain a proper work permit. On August 15, 2012, Paolo was told that the deferred action was only temporary in nature that would last for only two years. Also, when he applies for deferred action, the US Citizenship and Immigration Services will have access to all his personal information and there is uncertainty whether or not this information will be used against him in the future. Still, Paolo filled up the forms. He is willing to take the risk. With an identification card, he plans to pursue his college education.
Thousands of undocumented young immigrants feel the same way as Paolo.
On the first day of filing for consideration for deferred action, thousands of young immigrants lined up at the offices of various advocacy organizations to attend workshops on “deferred action”. The US Citizenship and Immigration Services began accepting requests on August 15, 2012, and it is expected that there would approximately be one million young undocumented students who will file requests for deferred action.
The new initiative
On June 15, 2012, President Obama announced his immigration initiative on deferred action. It goes by the new acronym DACA or Deferred Action for Childhood Arrivals.
To be eligible for DACA, an individual should have been under the age of 31 as of June 15, 2012, and should have come into the US before reaching his 16th birthday. The Filipino advocate for a more permanent solution (the DREAM Act), Jose Antonio Vargas, an award-winning journalist, is unfortunately disqualified because he just turned 31 prior to June 15, 2012. However, those who turned 31 years old after June 15, 2012, are still eligible.
Not for new arrivals
To be considered for DACA, there must also be proof of physical presence in the US for five years prior to June 15, 2012. Those who entered after June 15, 2007, are disqualified. Those who plan to travel and apply for DACA for their children should be aware of this five-year physical presence requirement.
Uncertainty
It is clear based on several pronouncements by the Department of Homeland Security that DACA is not an amnesty or a path to citizenship. There are only two things that a young immigrant may take out of this program: (1) reprieve from deportation and (2) a work permit or employment authorization. It is a only a temporary fix and if there is a change of administration, there is a possibility the program will be changed or abandoned. Nevertheless, like Paolo, thousands of young immigrants are lining up to take advantage of DACA. They perceived it as a small window that allows them to live, even on a temporary basis, without fear of deportation, harassment or exploitation and to alleviate, even a little, the difficulties they face as undocumented immigrants.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)