By Sarang Sekhavat, buy levitra Federal Policy Director:

After what seems like an eternity of waiting, the Department of Homeland Security (DHS) finally issued the final rule for provisional waivers of inadmissibility, what advocates are calling the “Family Unity Waiver”.  DHS initially announced back in January 2012 that it would make changes to the way that undocumented relatives of US Citizens could re-enter the United States after leaving the country to obtain an immigration visa abroad.  In April, DHS issued an interim rule and requested comments from the public.  On January 3, 2013, DHS released the final rule which incorporates some of the suggestions from public comments, but leaves many of our major concerns untouched.  The final rule will go into effect on March 4, 2013.

The Old Rule

The new rule is necessary because of the unfair way that the federal government processes I-601s, Applications for Waiver of Grounds of Inadmissibility.  According to the Immigration and Nationality Act (INA), certain undocumented relatives of US Citizens who benefit from a family-based petition had to leave the United States in order to obtain their immigration visa from a US consulate.  The problem is, once an undocumented individual leaves the country, they are subject to a 10-year bar to returning.  So essentially, the person is leaving the country to obtain documents required to be here legally, but once they leave, they are not legally allowed to return for 10 years.  The INA does allow an individual to file the I-601 to request permission to return to the United States prior to the 10 years, but current regulations say that the individual must file the I-601 outside the country.  That means that the beneficiary of the immigration visa must leave the country and be subject to the 10 year bar first, then file the application and hope they are allowed back into the country.

A  new report from the Information Technology Industry Council, the Partnership for a New American Economy, and the U.S. Chamber of Commerce tells another, less familiar part of this story, though one well-known to those paying attention: the growing role of immigrant workers in these same STEM industries, where the foreign-born account for 26.1% of workers with PhDs and 17.7% of master’s degree holders.

With the first debate focusing on domestic topics and the third debate covering foreign policy issues extensively, only the second meeting between the Presidential candidates provided insight into either’s plan for immigration reform.

In the lyrics of Sam Cooke, “It’s been a long time coming, but I know…a change is gonna come.”

Today, President Obama will announce lifting the threat of deportation for some undocumented students and granting them work authorization on a temporary and renewable basis.

In a memo released this morning from Department of Homeland Security Secretary Janet Napolitano, an estimated 1 million young people could be eligible for DHS’s “deferred action” directive. Students in the U.S. who are already in deportation proceedings or those who qualify for the DREAM Act, will not be deported and will be eligible for work permits.

To be eligible, applicants must be between 15 and 30 years old and have resided in the U.S. for at least five years continuously. Students can either be presently enrolled, graduated, received a high school diploma/GED, or be honorably discharged from the Coast Guard or armed forces.  People who have one felony, one serious misdemeanor, or three minor misdemeanors will be ineligible to apply. Minor traffic violations such as driving without a license, will not be counted. Deferred action will last for two years and can be renewed, meaning long-term relief is still be predicated upon legislative change.

Republic Senators blocked the DREAM Act in 2010, after it passed the House – the furthest it has gone in the legislative process.  The DREAM Act offers a pathway toward permanent residency for young people who have completed some college or military service. This year, House Judiciary Committee Chair Lamar Smith (R-TX) has already said he would not hold a hearing on the DREAM Act in his committee.  Recently, Senator Marco Rubio (R-FL) has expressed support for a scaled-back version of the bill.

This announcement is a much-needed boost to our nation’s spirits and economic vitality. While this is a milestone for the immigrant rights movement, and a long overdue help for the young people who have known no other home other than the US, it is important to recognize that this does not alleviate the need for congressional action and comprehensive legislation.

The administration’s action today is not guaranteed immunity or categorical amnesty. Instead, the process will still be subjected to the discretion of individual field officers. Today’s directive and broadening of criteria is certainly promising, but it is important to prevent the spreading of false information and exploitation of immigrants.

Further details regarding the detailed process and implications on access in-state tuition, conditions for travel, etc. are forthcoming.

Tune in at 1:15 p.m. for the President’s statement.

(Photo: Massachusetts student activists advocating for the DREAM Act in front of the State House in 2010)

July 19, 2011 - Re-Post from Brittney Nystrom - National Immigration Forum - www.immigrationforum.org

Last month, the National Immigration Forum was invited by the U.S. Department of Homeland Security to participate in a new advisory committee created in response to growing criticism and concern about the so-called “Secure Communities” program.  The committee is tasked with advising Immigration and Customs Enforcement (ICE) Director John Morton on “ways to improve Secure Communities.”  Specifically, the committee is asked to deliver recommendations regarding the treatment of individuals identified through Secure Communities as a result of being charged with minor traffic offenses.