A Dreamer’s primer on President Obama’s new temporary status policy

Some answers to concerns of undocumented youths about applying for relief

Comments Wednesday, June 20, 2012, 4:00 AM


by Allan Wernick







The dream of legal status is coming true for thousands of young immigrants. President Obama has ordered U.S. Immigration and Customs Enforcement to cease deporting undocumented youth and ordered U.S. Citizenship and Immigration Services to grant them employment authorization.

The President acted after Congress failed to provide relief. As information on the application process becomes available, I’ll provide analysis and tips on preparing applications. I begin today by answering some questions I’ve heard from Dreamers.

Q. Should I be afraid to apply since a President Romney could reverse the Obama policy?

A. Let me make this position clear: qualified applicants are making a big mistake if they pass up this opportunity. If my wife, sister or brother, or son or daughter qualified, I would urge them to apply.

A President Romney would have a hard time reversing the Obama policy. He would have that power, but he won’t use it.

As the Dreamers come forward, I am confident they will win the hearts of the American people. Support for them will grow preventing anyone from taking their rights away. The Dreamers are not some Dickensonian urchins hovering in dark corners of our city. They are our neighbors, members of our basketball teams and school bands. And, they are among our nation’s smartest and most successful students.

And, most of them will have new friends — their employers. Imagine 500,000 Dreamers supported by small business owners and the CEO’s of major corporations. This employer group alone should be enough of a lobbying group to stave off anti-immigrant restrictionists.

Finally, no matter whether you are pro or anti-immigrant, I have news for you. The tide has turned. The growing political power of our country’s immigrants is forcing restrictionist politicians like Romney to temper their statements on the issue. Leading Republican politicians, including candidate Romney may denounce Obama for implementing a policy Congress was unwilling to make law, but few are willing to deny that the Dreamers deserve relief.

Q. By applying will I put my parents at risk? Will ICE come after them?

A. I double dare them! I don’t think the American public would tolerate it. Further, by getting legal status, the Dreamers will be in a better position to help their parents politically and perhaps legally as well. Finally, some may find a way to permanent residence and U.S. citizenship becoming an important voting block.

Q. If USCIS denies my application, will ICE come after me?



A. I’m confident the answer is no except for applicants with serious criminal records. Anyone arrested or charged with a crime should speak to an immigration law expert before applying.

Q. What are the basic qualifications?

A. To qualify for Dream Act deferred action, you must:

1) Have come to the United States before the age of 16;

2) Have continuously resided in the United States for at least five years prior to June 15 and have been in the United States on that day;

3) Currently be in school, have graduated from high school, have obtained a Graduate Equivalency Diploma, sometimes called a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

4) Have not been convicted of a felony, a significant misdemeanor, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;

5) Not be above the age of 30 as of June 15.

6) Must be at least age 15 except for individuals in removal (deportation) proceedings who can apply prior to turning 15.

Q. What are the benefits of deferred action status?

A. The main benefit is protection from being deported from the United States. You will no longer need to hide your status. Also, you are eligible to apply for employment authorization. While the Department of Homeland Security says that you need to show “an economic necessity for employment,” I think the agency will be generous in granting authorization.

Q. Should I apply now or wait?

A. If you are in danger of immediate deportation, you should immediately notify ICE that you are qualified for deferred action. Otherwise, wait until USCIS issues guidelines and filing instructions. USCIS rules already allow for individuals to apply for deferred action, but filing under those rules now will be a waste of time for Dreamers. For other undocumented immigrants facing deportation, deferred action is available, but only in the most sympathetic cases.

Q. For how long will USCIS grant me deferred action status?

A. The initial grant will be for two years. Some are worried that USCIS will end the program after two years and deport the Dreamers. I’m not.

Q. Where can I get more information?

A. You can get links to reliable information at the CUNY Citizenship Now! website cuny.edu/citizenshipnow, at the USCIS website, uscis.gov and at ICE’s website ice.gov, or by calling USCIS’ hotline at (800) 375-5283 or ICE’s hotline at (88351-4024.

Allan Wernick is an attorney and director of the City University of New York's Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.

Read more: A Dreamer