The Department of Homeland Security will grant immunity from deportation to so-called “DREAMers,” undocumented immigrants brought to America as children, and give them work permits to stay in the country.
The Administration’s standing in the Latino community has taken a serious hit from the continued record deportations over the past few yeas. Activists have castigated the Obama White House for the Secure Communities program and the 400,000 deportations annually, which have separated families and even removed immigrants brought to this country as children, who know no other place to call home. The DREAM Act would have put students or members of the military in this situation on a path to citizenship, but it failed in the Senate in 2010. Since then, the movement for relief for DREAMers has grown ever stronger. The cover of Time Magazine this week features 35 undocumented DREAM students, led by Jose Antonio Vargas, an award-winning journalist who came out as an undocumented immigrant last year. Stories of talented students, including a valedictorian, getting caught up in the deportation web have shocked and disappointed the Latino community. The White House was feeling the heat for what the community describes as broken promises on immigration and a punitive set of policies.
Last year, the Department of Homeland Security announced they would enact a top-to-bottom review of all deportations, with an eye to prioritizing deportations for only violent criminals and repeat offenders. But the results were meager: only 2% of all deportations were avoided under the reviews. After a torrent of criticism, DHS chief Janet Napolitano released a memorandum today outlining prosecutorial discretion guidelines for the future. Napolitano writes that “As a general matter, these individuals lacked the intent to violate the law … additional measures are necessary to ensure that our enforcement resources are not expended on these low priority cases but are instead appropriately focused on people who meet our enforcement priorities.”
To qualify for this protection, an individual must have come to America under the age of sixteen; has continuously resided in the US for the last five years; is currently either in school or the military, or has graduated from high school or been discharged from the armed forces; has not been convicted of a felony or a serious misdemeanor; and is not above the age of thirty. Immigrants in the deportation system have 60 days to prove their eligibility under this standard.
In addition to protection from deportation, these individuals will be able to apply for work permits during the period of deferred action, which is indefinite. However, Napolitano writes that “this memorandum confers no substantive right, immigration status or path to citizenship,” and adds that “DHS cannot provide any assurance that relief will be granted in all cases.”
The clear issue here is whether this announcement will translate to real relief. Latino activists have been burned by the deportation reviews and are probably more interested in verification that this latest proposal is working. ICE has been known to basically ignore memoranda like this.
But it’s clear that election-year pressure has led to some relief in this case. The fact that President Obama will speak before the National Association of Latino Elected and Appointed Officials next week surely played a role.
If it works, this temporary but significant relief for DREAM students is definitely welcome. I’ll have reactions from some of the leaders in this movement as the day goes on.
…Given the fact that this doesn’t grant any permanent immigration status (and you can’t by executive order, this is about the most that can be done), the announcement most resembles the alternative DREAM Act being organized by Republican Marco Rubio.
…Jose Antonio Vargas, the most recent face of the DREAM Act, the man on the cover of Time Magazine this week, is actually 31, and thus ineligible for the protections under this policy.
…immigration advocates are pleased by the policy shift. Here’s the full statement from Frank Sharry of America’s Voice:
This is huge. As a result of today’s decision, hundreds of thousands of young people who are American in all but paperwork will have the opportunity to live freely, work legally, and contribute to the country they love. The President is right to step up and protect these young people, because this expansion of existing policy is the only viable path to meaningful relief for Dreamers this year.
The DREAM Act started over 10 years ago as a bipartisan common sense bill. Over the years, Republicans who supported it in the past, including original co-sponsor Orrin Hatch (R-UT), have become opponents as the Republican Party has lurched to the right. And despite efforts by some in the GOP, such as Sen. Marco Rubio (R-FL), to reposition the GOP on the issue, House Republicans have made it clear that any version of DREAM would not pass the House this year.
We salute the President and his team for this bold move to make sure our immigration system includes rather than deports young people who have done everything right and nothing wrong, and only want to contribute to the country they call home.




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Election year crumbs.
98% of potential deportatees are violent criminals and repeat offenders?
I find that hard to believe.
Yep. The fact that it isn’t a permanent solution really pisses me off.
But hey, a step in the right direction, right?
Wow, Obama noticed that he can do things without an act of Congress. Too bad he didn’t think of that back when he could have ended DADT with an executive order.
Only 2% under that program indicates Homeland Security wasn’t prepared. An large majority would be expected to qualify.
Being in the military may not provide a lot of waiver slots for undocumenteds. There are large cutbacks in personnel coming. Recruiting goals would be shrinking. Also don’t military recruiters have to report a valid SS number for each applicant, or can an ITIN be used nowadays for non-resident aliens?
ADT = About Dang Time
I see Mitch McConnell is busily projecting again. Karl Rove and Dancin’ Dave must be so proud.
From what I understand, that is very close to the Marco Rubio Plan. O must be afraid that Rubio will be R’s pick for VP candidate.
Blue
You’re allowed to join with an ITIN if you’re a resident alien.
Why was this announced on a Friday? Was O hoping the Rs wouldn’t notice?
OK, but to be a resident alien you have to have a green card. It would seem like a catch 22 unless there’s also a change coming for granting green cards to dovetail with the new policy.
OTH any NRA can get an ITIN regardless of documentation status — just ask the IRS for one.
Members of the Immigrant Youth Coalition have been “Undocuppying” Obama’s Oakland campaign headquarters since yesterday afternoon, when they entered by pretending to be volunteers and then refused to leave. What I have seen so far from the MSM this morning is that IYC is reacting favorably to the news that David’s reporting here – but they don’t like the fact that it doesn’t offer citizenship and they don’t trust Obama (or ICE) to live up to whatever promises he makes. Smart kids.
Step in right direction?
Got a question you might not have thought of.
What if a future GOP administration issued a policy:
“We are not going to enforce certain Civil Rights laws.” ???
or,
“We are no longer going to arrest anyone for demonstrating in front of a Planned Parenthood clinic.”
or,
“We are no longer going to prosecute any complaints filed by EPA against certain types of polluters.”
???
In every case, they will be able to cite this move by Obama.
Similar to the stupid idea about getting rid of filibuster. Get rid of that and the GOP, next time it has a majority (maybe Nov.) could cut SS or Medicare with ease.
Another assinine idea by Obama that sets up a future no one wants where everyone legislates by just deciding not to enforce certain laws they don’t like.
And, don’t think this would not be used by certain state governors also.
What laws wouldn’t they enforce in Texas???
Obama is just pissed off he is not Emperor.
Indeed. Those have been few and far between lately.
Rubio WILL be VP pick. I’d bet money on it.
newcarguy–
I concur. Rubio is a rock star in the Republican Party, and O and R are splitting the “white independent” vote so closely, R will be forced to go after some minority voters.
Blue
I always said you were pretty smart.
Almost everybody who agrees with me is. :-)
Then by all means, ncg, count on me to agree with you in the future. :0)
Blue
The rule of law is just a quaint notion nowadays.
How anyone can argue law when it comes to immigration is a joke.
It’s only “policy” that means anything.
This is kind of ridiculous. Prosecutorial discretion is practiced by every law enforcement apparatus everywhere in the country and the world. That’s all this is. There are limited resources, and they will be channeled to high-enforcement priorities. What’s the counter-argument to this? That we should immediately commander the 600,000 buses needed to round up every undocumented immigrant in the country?
Like the White House position on gay marriage, this is simply another social liberal position for democratic party loyalists to get behind and cheer for the cameras.
The 1% wont oppose this or gay marriage because it doesn’t hurt their bottom line (in immigration’s case, it’s bound to contribute to keep American wages stagnant). Any liberal who complains about Obama during the election season will get “b-b-but gay marriage!” and “b-b-but DREAMers!” shouted back at them despite the fact that the class war against the poor and middle class continues at full force, and the democrats aren’t lifting a finger for the poor and middle class.
National Immigrant Youth Coalition, currently “undoccupying” Obama campaign headquarters in California, Michigan and Ohio, has responded to Obama.
I doubt they’ll ever get rid of filibuster. It’s as useful to the majority as it is to the minority.
Rubio is too new. He’ll get picked, then stub his toe on something big time. What about those GOP credit cards thought to have some of Rubio’s personal expenses charged?
A lot of stuff is like that nowadays in DC. Congress doesn’t want direct accountability, but they like to rant about the agencies’ policies. It’s a cheap high for them. They issue a blank check for whatever.
You can tell how good a thing Obama is doing by how loudly and illogically Miss McConnell and TanMan scream about it.
No way will they pick him — not only is he Latino, which will tick off the very crazy-racist-base GOP voters Romney wants so badly, but he’s from Florida, a state so crazily and openly corrupt it has its very own Fark tag. Nope, Romney will go with Bush Cabinet member Rob Portman of Ohio.
By the way, Portman was the guy Bush picked for a Cabinet post because his CD, OH-02, was considered the safest Republican seat in the nation, meaning the least likely to fall into Democratic hands. The DCCC didn’t even bother to find a DINO to run against him, so that left it open to the netroots to find and fund a candidate, Paul Hackett — who came within four percentage points of beating Portman’s anointed successor, Jean Schmidt. (Yeah, the same Jean Schmidt who would go on to falsely claim that someone she knew said of decorated war veteran Jack Murtha “cowards cut and run” when he dared speak out against the Iraq War.)
Yes, but there are much subtler and more probable ways of gumming up the works.
Lots of examples out there, but one obvious method is the stranglehold the GOP is trying to levy on Roe v Wade to moot it out without running afoul of SCOTUS. Simply defund it more or less, and regulate it to be inconvenient..
Or regarding undocumented immigrants many states deny them drivers licenses even when those individuals satisfy the safety and competence criteria for having one. No one has a presumed right to a drivers license; otherwise, the courts could not take away a license for any reason other than a driving infraction. So the states use this to beat up on immigrants and discourage them. Under Romney the Feds could pile on, too, and cut Fed money from states which license undocumenteds. The bad guys don’t need 600,000 buses to cause trouble.
Well, if not Rubio for those reasons maybe it would be Bachmann for the same reasons? Portman doesn’t seem famous at the moment.
That type of discretion is very narrow a particular person in a particular circumstance with these particular facts. Not a group.
These are two different types of things. I am only saying that if you are OK with a GOP President deciding not to arrest people protesting Planned Parenthood or not enforcing, as a group, certain Civil Rights laws, then celebrate this Obama move.
He has opened a new door, which will not be shut.
There likely are many good solutions, but using this method to arrive there is only going to open the door to the GOP being able to implement their pet projects using this same method when they get in.
And, don’t think it won’t happen.
Is this part of Obama’s job creation program?
Are the Republican’s stupid enough to select Rubio as their VP pick? His only appeal is to Batista era Cubans and is certainly not favored by other Hispanics/Latinos. I don’t think so as it would alienate a majority of the anti-Batista community.
Bingo! It’s an essential part of Kabuki Theatre.
maa8722–
Truthfully, I don’t know a whole lot about Rubio. Basically, I think that the Romney campaign will think that they will HAVE TO cut into O’s minority votes, in order to win (obviously I may be wrong).
And, I honestly don’t know any of the details of the credit card story (just vaguely heard that there is one). You could be right that it would eliminate Rubio. But I do know, that to some extent (just like O), it helps to not have a long record, when you run for national office. Just sayin’.
Blue
PW–
Agree, that if R doesn’t go with someone to help him win minority voters, he’ll probably go with fiscal hawks Portman or Daniels.
Blue
Spot on, hbb.
Blue