Newsletter 11: July 2012

Newsletter 11: July 2012

Dear Friends of the Firm:

It’s only a few weeks into the summer and we’ve already seen some major happenings in immigration law! For the DREAMers, Arizonans, and everyone in between, here is some important information to keep you up-to-date.

 


New Policy: Work Permits and Driver’s Licenses for Some Undocumented Youth

Since Congress did not pass the DREAM Act, the Obama Administration has instead used its executive powers to help deserving undocumented youth. Immigration Services recently announced that certain young people brought to the United States as children are eligible to request “deferred action.” Deferred action is a temporary shield against deportation, allowing qualified individuals to live lawfully in the U.S. for two years and it is renewable. Importantly, applicants who are granted deferred action will also be able to apply for U.S. work authorization and likely driver’s licenses.

Human Resources: This policy may be a good opportunity to obtain work authorization for any undocumented individuals in your work force to minimize the company’s exposure for I-9 violations.

Individuals may apply for deferred action if they:

  • Came to the U.S. before age 16;
  • Are currently between ages 15 to 31;
  • Have resided in the U.S. for five consecutive years and have been physically present in the U.S. on June 15, 2012;
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the armed forces;
  • Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors; and
  • Can demonstrate economic necessity for work authorization.

Deferred action is an exercise of executive powers by President Obama. If a different president is elected in the fall, he could end this policy. Thus, the window of opportunity to apply could be limited. Also, there is a risk that if a different president is elected, he would put the self-identified undocumented individuals in deportation proceedings (though unlikely).

Because deferred action is new, many notarios and unlicensed attorneys may take advantage of applicants’ lack of knowledge about the program and make false promises. Also, filing applications for undocumented individuals who are not eligible will only land them in deportation proceedings. The wrong help can hurt. By contrast, a licensed immigration attorney can analyze your eligibility for deferred action, serve as your attorney of record if you encounter problems with the government, and devise a long-term immigration strategy to protect you for the future. If interested in this program, please contact our office for a consultation to analyze your eligibility for deferred action and work authorization.


Attorney Navid Dayzad – Now a Five-Time Recipient of California’s Rising Star Award

For the 5th time, Navid Dayzad has been selected as a “Rising Star”—among the top 2.5% of the outstanding, emerging lawyers in Southern California. This honor was recognized in Los Angeles magazine and Thomson Reuters Super Lawyers magazine.


Supreme Court Stands Up for Immigrants

The Supreme Court recently took the side of immigrants while reviewing Arizona’s controversial immigration law, SB 1070. In support of immigrants, the Court struck down the state’s attempt to punish undocumented immigrants with new laws and penalties. However, the Court did uphold the provision that requires state law enforcement officials to check a detained person’s immigration status if the officer reasonably suspects that the person is undocumented.


Note: This publication serves only as general information and is not a substitute for consultation with an attorney who can assess the specifics of your case and inform you of the constant changes in law and policy. No attorney-client relationship is formed by the transmission of this information until a legal service contract has been signed by both of us.