Young Immigrants Can File to Defer Deportation August 15

NEW YORK TIMES

By Julia Preston

August 3, 2012

http://www.nytimes.com/2012/08/04/us/young-immigrants-can-file-to-defer-deportation-aug-15.html?_r=1

Obama administration officials said Friday that they would begin on Aug. 15 to process applications from hundreds of thousands of young illegal immigrants expected to seek two-year deferrals of deportation. Applicants will be charged $465 for each request.

Alejandro Mayorkas, the director of Citizenship and Immigration Services, the agency that will handle the anticipated avalanche of paperwork, provided the first logistical details since President Obama announced on June 15 that he would halt deportations of illegal immigrants who came to the United States when they were children.

"Applications, which will also include requests for work permits, will be considered individually," Mr. Mayorkas said, "with each immigrant undergoing a criminal and national security background check."

To encourage the maximum number of young people to come forward, Homeland Security officials gave assurances that information from the applications would not be used for immigration enforcement, which is handled by a separate agency.

Nevertheless, immigrants found to have serious criminal histories or to pose national security risks would be prosecuted for deportation, officials said, and anyone submitting a fraudulent application could face criminal prosecution.

Illegal immigrants can apply whether they are already in deportation proceedings or they have never been detected by the authorities, officials said.

An applicant who has committed a felony, a “significant” misdemeanor like a firearms or burglary violation, or three or more misdemeanors will not be eligible. Still, driving without a license will not be a disqualifying offense, officials said. Many illegal immigrants have committed that violation because they do not qualify for licenses in most states.

There will be no waivers of the application fee, which is intended to pay for the program so that no tax dollars will used, officials said. The fees will be used to hire additional staff, as officials estimate that at least 800,000 immigrants may be eligible. "It will take at least several months to complete the process," an official said.

The initiative covers immigrants who could gain legal status under legislation known as the Dream Act, which has stalled in Congress. It has created an excited buzz in immigrant communities, with many organizations busily counseling students on documents they must gather to support their claims. To be eligible, an immigrant must have been under 31 years old on June 15, have come to the United States before turning 16, and have lived here continuously for five years. Applicants must be current students, high school graduates or honorably discharged veterans.