This is from AALDEF 11/20/14, 5:20 pdt:

Update: 11/20/14  5pm pdt

This from a Memo from the American Immigration Lawyers Association:

Based on a briefing on 11/20/14 by the White House, the following is a summary of the elements expected to be part of the Administration’s announcement of executive actions on immigration. Our understanding is that details (and memos) are still being worked on at this time. Many items are still unclear, and the merits of many may not be known until the details are known. Some will require regulations, but others can be done by memo.

Here are the principal components as we currently understand them:

1. Enforcement Priorities. Many of the existing memos on enforcement priorities and prosecutorial discretion will be replaced by a new memo that will name three enforcement priorities, which will be operational immediately:

1. Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and people apprehended on the border;

2. People convicted of serious or multiple misdemeanors, and very recent entrants (i.e., those who entered after 1/1/14);

3. Those who, after 1/1/14, failed to leave under a removal order or returned after removal.

 

The memo will contain “strong language” on using prosecutorial discretion appropriately. While most other memos on the subject will be rescinded, the victims of crime memo and the USCIS memo on issuance of NTAs will stand.

2. Border Security. The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.

 

3. State and Local. Secure Communities will be discontinued and replaced by a Priority Enforcement Program (PEP). What it means that Secure Communities will be discontinued is unclear. Unclear if they will stop fingerprinting people and unplug the technology and interoperability of the federal and local databases. Detainers will be discontinued for all except national security cases. Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.

 

4. Nothing on family detention will be included in this package.

 

5. No changes to Operation Streamline which targets immigration entry and reentry for federal prosecution.

 

6. Two deferred action initiatives that combined are estimated to benefit 4.4 million:

 

a. Deferred Action for Parents (DAP). Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will

 

 

be granted for a 3-year period. The plan is to stand this up within 180 days (for applications to be accepted). Note that parents of DACA recipients are not eligible.

 

b. Expansion of DACA. DACA will be revised to get rid of the age cap, and to change the date that continuous presence must have started to 1/1/10. It also will be granted for 3 years (including those with pending renewal applications). Ready in 90 days.

 

7. Pending Proceedings. There will be a review of cases currently under proceedings to see who is prima facie eligible for the relief stated in this program, and those cases will be closed.

 

8. Immigration Court Reforms. There will be a package of immigration court reforms that will include qualification of accredited representatives and ineffective assistance of counsel issues.

 

9. U/T Visas. Three more types of offenses will be added to the list of offenses for which DOL can certify for U status. No specifics were available regarding which offenses will be added. T visa eligibility may also come into play with respect to DOL.

 

10. Worksite Enforcement. DOL will coordinate with other agencies regarding worksite enforcement activities.

 

11. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.

 

12. Timing of Filing for Adjustment of Status. The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.

 

13. AC21. “Same or similar” will be clarified.

 

14. L-1B. The guidance will be released.

 

15. H-4 EADs. The regulation will be finalized, probably in December or January.

 

16. OPT. The length of time in OPT for STEM graduates will be expanded and the relationship between the student and the school will be strengthened for this period. Other changes, such as allowing STEM OPT post-master’s degree where only the first degree is in a STEM field is under consideration. This will be done by regulation.

 

17. PERM. A full rulemaking will be undertaken to modernize the PERM program.

 

18. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.

 

19. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.

 

20. Parole in Place. PIP will be expanded to include families of individuals trying to enlist in the armed forces.

 

21. Visa Modernization. There will be a Presidential Memorandum directing the agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visa available under law. Issues such as whether derivatives should be counted and whether past unused visa numbers can be recaptured will be included in this effort.

 

22. Integration. A second Presidential Memorandum will set up a Task Force on New Americans.

 

Updated:

11/20/14

Here are some details on the President’s Plan to be released tonight from the New York State Immigration Action Fund:

5 Things to know about how President Obama’s Actions Impacts Undocumented Immigrants

The President’s Immigration Accountability Executive Actions are an important step to fix our broken immigration system. Millions of undocumented immigrants who live in the shadows but want to play by the rules and pay taxes have no way to correct their immigration status under the law. That’s why the President is taking
immediate action to fix as much of the problem as he can while continuing to work with Congress to pass a comprehensive, bipartisan immigration reform bill.

The President has been clear that he can’t fix the immigration system entirely on his own; whatever action he takes will not be a substitute for long lasting solutions that only comprehensive immigration legislation can provide. Here are the 5 things that you should know about the President’s initiatives impacting
undocumented immigrants in the US:

1. You must meet strict requirements to qualify for relief from deportation

Eligible immigrants will have the opportunity to request temporary relief from deportation and work authorization if they come forward and pass criminal and national security background checks, pay their taxes, pay a fee, and show that they are:

· A parent of US citizens or lawful permanent residents on the date of the announcement, are not enforcement priorities and have been in the US since January 1, 2010, or

· An individual who arrived in the US before turning 16 years old and before January 1, 2010, regardless of how old they are today

Additionally, we are reducing the time that families are separated while obtaining their green cards.

Undocumented immigrants who are immediate relatives of lawful permanent residents or sons or daughters of US citizens can apply to get a waiver if a visa is available. Learn more here

2. You Cannot Apply for Several Months

The U.S. government  and specifically USCIS – will not begin accepting applications until early 2015. While the government is not accepting applications now, if you believe you are eligible for one or more of the initiatives, you can prepare by gathering documents that establish your identity, relationship to a US citizen or lawful permanent resident and show that you have continuously lived in the US for 5 years or more.
3. Recent Border Crossers will be a Priority for Deportation

You must have been in the US for at least 5 years to qualify for these programs. These executive actions will not benefit immigrants who recently crossed the border (defined as those who entered the country after January 1, 2014), who may cross the border in the future, or who help those who cross in the future, but rather immigrants who have been living in the United States for years.

The President’s actions increase the chances that anyone attempting to cross the border illegally today will be caught and then sent back

4. If you commit fraud you will not qualify

USCIS will review each case very carefully. As with other immigration requests, knowingly misrepresenting or failing to disclose facts will subject applicants to criminal prosecution and possible removal from the United States.

5. Beware of Immigration Scams

Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off.

Make sure you remain informed and know when the application process starts. www.uscis.gov will be the authoritative source of information about eligibility and applications going forward.

 

11/18/14

Here’s the point to remember: Obama’s always been able to do this.  He’s delayed because I think he’s sincere in believing the GOP would give in on “other” things. But after all these years, I think Obama’s realized he can’t afford to not take some action now. Still, whatever he does is temporary. And it’s not amnesty, because that implies permanence and there’s nothing permanent in any executive action taken. It can all be undone by a new administration. But if there’s a hard line by Republicans against Obama’s actions, it’s likely to upset Latino voters, and then there won’t be a new administration that will undo Obama’s orders. Still, there’s a real Jekyll and Hyde attitude in the administration. Whatever details are in the executive action, look at the hardline attitude in the administration that has deported more than two million people. So conservatives who criticize should know that most immigration advocates I’ve talked to say something like, “It’s not much, but it’s better than nothing,” and “Why’d did it take so long?”

Check out my piece on immigration  on NBCNews.com/asianamerica

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