Sunday, March 29, 2015

Understanding new immigration law

From page A6 | August 30, 2012 |

By Netania and Raphael Moore

President Obama has issued an executive order that may provide relief to those brought as children to the United States illegally, and to those who came properly but whose papers have expired. Though this decision was announced recently, there is already much misconception about it. Let’s examine it a bit closer to see what it really means.

If you came illegally or overstayed your visa, you normally would be subject to deportation. Under the new law, however, Immigration and Customs Enforcement may “defer” action against you if you meet specific criteria. If approved, you will be allowed to stay and work in the United States for up to two years, subject to renewal.

Before you even consider applying, be sure you meet the basic criteria. These include meeting certain educational requirements; having arrived in the United States before age 16; and being at least 15 years old when applying, with some exceptions. You also must have been in the U.S. more or less continuously since June 15, 2007; you must have been here on June 15, 2012; you must not yet have turned 31; and you cannot have a significant criminal background. To receive work authorization, you also must show need.

So if you meet the criteria, should you apply? Understand that the ultimate decision of ICE is discretionary. Even if it looks like you qualify, there is no guarantee. Being granted deferred action does not give you a green card or citizenship, and it does not apply to the rest of your family. And there is no assurance the law won’t change, even after you are approved, should President Obama not be re-elected.

But it does give you the legal right to work and earn money without the worry of deportation, which is something you otherwise do not have.

There are also obvious concerns about making your immigration status known to immigration officials. Can they use the information to deport you? Although there are confidentiality provisions in place indicating that information you provide in your application is protected from disclosure, there are exceptions. And even if you are approved, at the end of the two-year period, in theory, you could be subject to deportation. But these rules largely prioritize people based on risk to the public, and their criminal background.

This new rule is not meant for everyone. This relief is likely best used for someone who arrived in the United States as a child, has no criminal record and poses no threats of any kind to the public or national security. It is best used by those who are already “low” on the enforcement priority of the government, and who simply want to be able to work, earn money and live without the immediate worry of deportation.

Nationwide, thousands of undocumented immigrants have concluded the benefits outweigh the risks. You should carefully weigh your own circumstances, and research the law or speak with a trusted professional before making your own decision.

— Raphael and Netania Moore practice law in downtown Davis. They may be reached at [email protected]



Special to The Enterprise

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .


    Davis sewage to get new digs

    By Dave Ryan | From Page: A1

    Where do Davis recyclables go?

    By Felicia Alvarez | From Page: A1 | Gallery

    UCD faculty receive lowest pay in the system

    By Tanya Perez | From Page: A1

    Motive for murder-suicide remains a mystery

    By Lauren Keene | From Page: A1, 1 Comment | Gallery

    Human Relations Commission hosts Chávez celebration

    By Special to The Enterprise | From Page: A2

    Davis Flower Arrangers meet Wednesday

    By Enterprise staff | From Page: A6

    ‘Music as Medicine’ is radio show topic

    By Enterprise staff | From Page: A6

    Friendship the topic on radio program

    By Enterprise staff | From Page: A6



    Milt Prigee cartoon

    By Special to The Enterprise | From Page: B4

    Some ‘survey’ …

    By Letters to the Editor | From Page: B4

    These results were meaningless

    By Letters to the Editor | From Page: B4

    Survey not representative

    By Letters to the Editor | From Page: B4

    Answers on the green waste program

    By Special to The Enterprise | From Page: B4

    A phone call could have fixed this

    By Special to The Enterprise | From Page: B4

    Universities need more funding

    By Special to The Enterprise | From Page: B5

    Mayor’s corner: Looking ahead to spring

    By Dan Wolk | From Page: B5 | Gallery

    A Little Respect for Dr. Foster

    By Nicholas Kristof | From Page: B5

    Father of the bride snubbed

    By Special to The Enterprise | From Page: A8

    Which experiences count as ‘once in a lifetime’?

    By Marion Franck | From Page: A8

    After a month of no TV news, I’m feeling much better

    By Debra DeAngelo | From Page: A8

    Take a hike for your heart

    By Special to The Enterprise | From Page: A8



    Aggie softball splits doubleheader

    By Enterprise staff | From Page: B1

    Republic stun Galaxy with repeated history

    By Enterprise staff | From Page: B1

    Bad fourth quarter sinks boys lacrosse

    By Enterprise staff | From Page: B1

    Aggies’ walkoff win clinches series against Riverside

    By Enterprise staff | From Page: B1 | Gallery

    Burns scores shootout winner to lift Sharks

    By The Associated Press | From Page: B2 | Gallery

    UCD women’s tennis dominates at home

    By Enterprise staff | From Page: B10 | Gallery







    Millennials are changing our community

    By Rob White | From Page: A9

    With new owner, DAC will Get Fit

    By Wendy Weitzel | From Page: A9 | Gallery

    Grant writing for non-profits workshop set

    By Special to The Enterprise | From Page: A9





    Comics: Sunday, March 29, 2015

    By Creator | From Page: B8