Deferred Action – the 1st Anniversary

So as we commemorate the 1st year of DACA, we read now that Senator Marco Rubio – Republican from Florida and pro-immigration reform politician – has warned that lack of action by Congress may lead to President Obama signing an executive order granting amnesty.

My initial response is “um, probably not.”

After all this is the same President who has overseen a historical 1.9 million deportations (and still counting).

Why would he suddenly allow 11 million undocumented immigrants to become legal?

Then again, anything is possible.

Under Obama, 400,000 DREAMers have secured 2 year work permits in a year.

All other progressive changes on immigration during the Obama administration have been the results of other parts of our system.

A few notable examples:

The Supreme Court ruling in Windsor resulted in Same sex marriages being treated equally as Opposite sex marriages for green card applications.

The Board of Immigration Appeals decision in Arrabally and Yerrabelly meant that travel on advance parole no longer triggers the ten year bar.

In Flores, the 6th Circuit ruled that border crosser immigrants with Temporary Permanent Status can apply for permanent resident status in the US.

President Obama was famously criticized for breaking his promise to enact lasting immigration reform during his first term in the White House.

Many folks are quick to knock Republicans on immigration, but from Reagan to Bush, there has been a loud voice and often profound, positive change from the GOP.

For example, the Senate bill passed in June to reform immigration included 14 Republicans.

The real question is obviously “what will happen in the House?”

Later this year we expect an answer.

Until then, there are still many people we can help.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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