Administration Addresses GOP Concerns Over New Deportation Policy

CQ

By Rob Margetta

August 14, 2012

As the Wednesday implementation date approaches for the controversial plan to grant some young illegal immigrants two-year deferrals from deportation, Republican opponents have publicly questioned how the Obama administration will deter fraud. Officials answered that challenge Tuesday, saying that anyone suspected of trying to abuse the system will be placed on the fast track for removal.

The Homeland Security Department is looking to make a “clear statement” that anyone who engages in fraud will be referred to Immigration and Customs Enforcement and will be treated as a priority case, a senior administration official said Tuesday. The official added that anyone suspected of fraud is likely to receive an interview from a fraud specialist from Citizenship and Immigration Services (USCIS) and would also be turned over to law enforcement agencies for a criminal investigation.

The new policy, modeled on the measures known as the DREAM Act (HR 1842, S 952) that Democrats in Congress have been advocating for more than a decade, provides deferral opportunities for people younger than 30 who were brought to the United States before they were 16 and who have lived in the country continuously for at least five years. The administration has said the new policy, announced June 15, is not intended to create a path to citizenship, unlike the DREAM Act.

"USCIS, which handles applications for visas, asylum and other immigration-related issues, already has a “robust fraud detection and prevention system in place” including the recent elevation of a fraud and national security division to the directorate level," the official said. "For the new deferred action policy, the agency will require independently verifiable information that allows it to check the validity of documents. It will accept affidavits only for certain parts of an application package; anyone who wants to use them must submit multiple, sworn affidavits," the official said.

The statements came just a day after two of Congress’ most vocal critics of the deferred action policy — House Judiciary Chairman Lamar Smith, R-Texas, and Senate Judiciary ranking member Charles E. Grassley, R-Iowa — sent Homeland Security Secretary Janet Napolitano a letter saying they have not seen evidence of a plan from the administration to combat fraud.

"“This administration will undoubtedly preside over one of the most fraud-ridden immigration programs in our history,”" the lawmakers said, adding that illegal immigrants will be “eager to purchase or create fake documents” showing that they qualify.

Smith and Grassley wrote that DHS will be “sorely taxed by the burden of disproving the evidence presented in each application.” They compared the deferred action plan to a 1986 guest worker program targeting agricultural workers, which experienced widespread fraud problems.

USCIS Director Alejandro Mayorkas said his agency posted applications and guidance online Tuesday and that applicants could submit them the following day. "The $465 fee, which will fund the program, covers the cost of a biometric check and background check for applicants," he said, adding that each application will be checked on a case-by-case basis for fraud. The entire process is expected to take several months.

Mayorkas said each form must be accompanied by an application for employment authorization and a worksheet showing economic need for employment, a requirement with which Smith and Grassley took issue in their letter.

"“According to the guidelines . . . illegal immigrants must apply for work authorization,”" the lawmakers wrote. “"These illegal workers will compete for scarce jobs in difficult times with Americans who need to provide for their families.”"