Latin Post
By Michael Oleaga
November 4, 2015
A
leaked memo from the U.S. Department of Homeland Security (DHS)
reportedly revealed President Barack Obama plans to bypass a federal
court injunction that temporarily
paused the implementation of his immigration deferred action program.
The
internal memo dates back to June, and provides options to provide
Employment Authorization Document (EAD), also known as work permits.
The
first option is to provide EADs to individuals who are currently and
physically in the U.S., which would "cover a greater number of
individuals, many of whom have
already had the U.S. labor market tested demonstrating that their
future employment won't adversely affect U.S. workers." Another "pro" is
that it would authorize the presence of select people who are not in
the U.S. lawfully and would address "some of the
intended deferred action population."
Option
2 is to provide the EADs to only individuals who are lawfully present
in the U.S. and not include non-immigrant overstays. Option 3 is to
provide work permits to
individuals with lawful nonimmigrant status at the time of filing for
the EAD. The final option is to grant EADs to certain individuals with
lawful nonimmigrant status, excluding people with H-1Bs or L-1As.
For
one Republican congressman from Texas, the concept of the Obama
administration circumventing the court injunction would push the U.S.
from democracy to dictatorship.
"No
one, least of all those streaming illegally across our borders,
believes that the Obama administration is going to enforce current
immigration laws," said Rep. Lamar
Smith, R-Texas. "If this administration was half as determined to
uphold immigration laws as it is to undermining them, our borders would
be secure, sanctuary cities would cease to exist, and criminal
immigrants would be deported instead of being released
back into our neighborhoods.
"This
memo shows the great lengths to which DHS officials have gone in order
to defy a federal judge's orders that halted President Obama's executive
actions from last
November. The American people cannot and will not tolerate this
administration ignoring the rule of law. It is the only thing that
protects the people and distinguishes our democracy from a
dictatorship," added Smith.
In
November 2014, Obama announced the creation of the Deferred Action for Parental Accountability (DAPA) and expansion of 2012's Deferred Action for Childhood Arrivals
(DACA) programs. With the DACA expansion, Obama's deferred action
programs would provide at least 4.9 million undocumented immigrants
temporary permits to stay in the U.S. for three years. The permits would
be renewable and would vary on requirements set forth
from DHS.
Opponents
of Obama's deferred action programs have sued the Obama administration
from implementing DAPA and DACA's expansion. The opponents have been
successful in at
least winning the court injunction, which temporarily blocked the
federal government from implemented the November 2014 executive actions.
The Fifth Circuit Court of Appeals are still reviewing the legality of
Obama's executive actions, but a final ruling
date has not been determined.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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