Immigration reform is currently halted, pending the results of the two special elections in Georgia and the Biden immigration plan. When the Georgian Democrats take their two seats, they will have the majority in the Senate (with Kamala Harris acting as a tie-breaker), meaning it will be easier for President Biden to pass immigration laws. The problem with immigration reform before was that something might pass in the Senate but not in the House because one party had control. Now, there will be unified control for the first year of Biden’s administration.
What Are the Issues With the DREAM Act?
The problem with the DREAM Act is that it’s an executive order. It wasn’t established by law, so any subsequent president can come in and nullify it, as President Trump tried to do with President Obama’s DACA order, and take the program away from all of the people who applied for it. The DREAM Act is supposed to codify DACA (put it in the law) and give the Dreamers a path to citizenship.
One major issue they’ve had for a long time as they’ve tried to pass the DREAM Act is the question of whether we’re going to allow Dreamers that path to citizenship or not. Giving them citizenship might not actually be legal. The alternative would be to let them have green cards forever. Republicans want to give Dreamers green cards instead of letting them naturalize because they think that the Dreamers will probably lean more toward the Democratic Party. If Dreamers became citizens, they could theoretically file for their parents, which could add even more Democrat voters and threaten the Republican Party’s ability to win elections. Democrats, on the other hand, want for Dreamers to be able to obtain their citizenship and petition for their parents.
The Democratic Party’s failure to pass the DREAM Act in 2012 has presented a problem for them ever since. With unified control in 2021, the Dream Act could finally be passed.
What Is Deferred Action Immigration?
Deferred action under the Immigration and Naturalization Act is an executive power that the president has to stop the deportation, or to defer the removal, of a person or a group of people that the president believes are not actually supposed to be let go. The Temporary Protected Status (TPS) is another sort of deferred action where they don’t enforce a removal if you’ve personally been involved in a problem or if your country had an issue. Haitians were given TPS after the 2010 earthquake, though Trump has tried to take it away, and Liberians have had it since 1992. Cubans have also been getting paroled in since the 1960s, though that was stopped under President Trump.
On a side note, another popular program that was taken away by the Trump administration is the one for spouses of service members. If you were married to someone in the Armed Forces, they would give you advanced parole into the United States, even if you were out of status. After that, you were eligible for a green card.
On What Grounds Is Deferred Action Immigration Granted?
The answer depends on which program we are talking about. When President Obama tried to extend DACA and establish DAPA, some people said he didn’t have the power to do so. I believe that under the law he actually has the power to defer whomever he wants. There should not be limitations.
How Do I Apply for Deferred Action in My Immigration Case?
The application process depends on the program. For most of them, you need to apply through USCIS with a form. For example, the DACA program invented a new form G-325A for biographic information, and it also has a special form for DACA recipients, the petition for deferred action itself, plus the I-212 for reapplying after removal or deportation. If you are in immigration court and you get deferred action with a service, the judge can either terminate the case or administratively close it.
For more information on Comprehensive Immigration Reform in 2020, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 786-4507 today.