According to news reports, President Obama is considering executive action to let millions of undocumented immigrants obtain work permits and allow them to stay in the US “legally,” without threat or fear of removal/deportation. The announcement of a large-scale action will most likely take place in September 2014.
Since the GOP-controlled Congress failed to pass any comprehensive immigration reform legislation, President Obama has decided to take matters into his own hands and is seriously committed to using the full extent of his legal authority under “executive action” to fix the system, just like what he did with DACA (Deferred Action for Childhood Arrivals).
There is much speculation as to what measures President Obama may take, but White House officials told lawmakers that the president’s actions will cover several million people. One such proposal would again involve Deferred Action for Childhood Arrivals (DACA) but this time it will benefit the parents. The father or mother of DACA approved beneficiaries may be given work authorization.
I have written several columns and have featured several “success stories” on DACA recipients, which allows certain young people who arrived in the US at an early age, to obtain work authorization and reprieve from deportation/removal provided they meet certain requirements such as:
– Arrived in the US before his or her 16th birthday and prior to June 15, 2007
– Has lived in the US continuously since June 15, 2007
– Was under 31 years of age as of June 15, 2012
– Graduated from high school, has a GED certificate, or served in the military
– No serious crimes or misdemeanors
For those who met the above requirements, they would be able to obtain work authorization, permission to travel outside the US, and they would not be subject to deportation/removal.
However, I could not understand why Filipinos never really took advantage of this marvelous benefit for their children. While over 600,000 young people applied for this benefit (mostly from Mexico), just over 3,000 Filipino children applied. It baffled me because I know that there are more than 3,000 Filipino children who are eligible, and Filipino parents came to the US for the sake of their children, so why would Filipino parents not take advantage of this marvelous benefit for their children? Perhaps the answer is the parents thought, “While my kid can get a work permit, I may be putting myself at risk!”
Now that President Obama is considering granting work authorization and reprieve from deportation to parents of DACA recipients, this may be another golden opportunity for those other Filipino families where the parents could be eligible but were reluctant to apply for DACA on the behalf of their children. Under the planned executive action, the parents may be safe.
Again, I want to emphasize this is still merely discussions and speculation, and no firm decision has been made as to who may be eligible. The announcement may take place in September. But parents of DACA recipients should prepare to take advantage of this if the executive action is implemented. Now, parents of DACA eligible children have no excuse for not applying for DACA benefits for their children!
If your child is eligible for DACA benefits, you should seek the advice of an attorney, who can evaluate your child’s situation, not only for your child’s eligibility, but also if Obama grants work authorization to the parents of DACA recipients!
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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