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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, September 17, 2012

Thousands of Youths Ask to Stay in U.S.

WALL STREET JOURNAL
By Miriam Jordan
September 14, 2012

http://online.wsj.com/article/SB10000872396390444023704577651912642468498.html

More than 82,000 people have applied to a program that allows young illegal immigrants to stay in the U.S., the Department of Homeland Security said Friday, and more applications are expected as potential beneficiaries wrestle with the paperwork-intensive process.

U.S. Citizenship and Immigration Services, a unit of Homeland Security, began accepting requests for the program, known as "deferred action for childhood arrivals,' or DACA, on Aug. 15, and approved 29 applications in the first month. Another 1,600 applications are awaiting final review, DHS said.

The number of applicants represents roughly 7% of the nearly 1.2 million people estimated by the non-partisan Migration Policy Institute to be eligible to apply.

Some potential applicants are struggling with documentation—including problems associated with overseas birth certificates—and legal advice, advocates say. USCIS anticipates most cases will take four to six months to decide. Once an application is complete, applicants are fingerprinted and photographed and then a background check is performed before a final decision is made to grant deferred action. Beneficiaries get a two-year reprieve from deportation and a work permit, which must be renewed.

Ellen Dumesnil, executive director of the San Francisco-based International Institute of the Bay Area, says the legal-aid group can't keep up with demand for appointments from those interested in applying. "We have literally turned away hundreds at workshops," she said.

President Barack Obama exercised executive authority in launching DACA, which he announced on June 15. The move pleased advocates of an immigration overhaul, particularly in the Hispanic community. Critics say the program amounts to a backdoor amnesty program.

The program marks the most dramatic shift in immigration policy since 1986 when President Ronald Reagan convinced Congress to legalize three million undocumented immigrants.

Some immigration specialists say potential beneficiaries may be waiting to see how the first wave of applications is processed before proceeding with their own.

Perceived risks include exposing family members—who aren't eligible for the program—to federal authorities and uncertainty about the future of the program after the presidential election.

"There is an immense amount of interest," said William Velie, an immigration attorney in Norman, Okla., who has participated in informational workshops. "But there is a lot of reticence."

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