Showing posts with label DREAMer. Show all posts
Showing posts with label DREAMer. Show all posts

Monday, August 27, 2012

DREAM Economics


By Amber L. Blasingame, Associate Attorney


Immigration reform, such as the DREAM Act, may not be the ultimate solution to our economic woes, but it could be a starting point.  Whether it increases our national revenue or we break even, the economic benefit of the DREAM Act and similar legislation far outweigh the alternatives.

 

In January 2012, the Immigration and Customs Enforcement Deputy Director, Kumar Kibble, informed the House Judiciary Subcommittee that deportation costs the government $12,500 per person.  This includes the arrest, detention, litigation, and removal of an immigrant.  A majority of these costs are paid from tax revenue.  The Department of Homeland Security memo published on June 15, 2012, granting deferred action to individuals who entered without status as children, estimated that 800,000 undocumented aliens could be eligible for the new benefit.  Since June 15, 2012, the government has revised the number of potentially eligible beneficiaries to 1.4 million.  Removing all 1.4 million individuals could, therefore, cost the government as much as $175 million according to Deputy Director Kibble’s report.

 

Legislation such as the DREAM Act requires that the immigrant “pay into the system.”  Even the memo offering deferred action to potential DREAMers would require that the undocumented immigrant pay processing fees at every stage and provide evidence of eligibility for the benefit.  Instead of the US taxpayer supporting an undocumented immigrant through the process, the undocumented immigrant supports herself through the process and contributes to the greater economy.  A recent White House blog cited a report from the Congressional Budget Office that the 2010 version of the DREAM Act could reduce the deficit “by $2.2 billion over ten years because of increased tax revenues.” 

 

DREAMers epitomize our hope for the future of this country.  The DREAM Act as previously written required that the undocumented immigrant enroll in post-secondary school at her expense or enlist in the military.  The new memo requires that the beneficiary be enrolled in school, have graduated at least from high school, or be a veteran of the armed forces.  At present the Census Bureau reports that “only 16 percent of the resident population holding a bachelor’s degree or higher” are immigrants, but immigrants account for “33 percent of engineers, 27 percent of mathematicians, statisticians, and computer scientist, and 24 percent of physical scientists,” in the United States, as cited by the White House.  Given the chance, potential DREAMers could increase those numbers substantially, which would increase revenue for both private and public schools nationwide.  At present many undocumented individuals who entered as children and earned their education through US schools are unable to enroll in postsecondary institutions because they lack proof of lawful status or are unable to pay non-resident tuition rates.  Immigrants benefiting from the DREAM Act would not only “pay into the system,” but would be required to positively contribute to the future of our communities and our nation’s welfare.

Tuesday, June 19, 2012

Department of Homeland Security Announces Deferred Action for Eligible DREAMers

By Kim Tremblay & Amber L. Blasingame, Associate Attorneys

On June 15, 2012, Janet Napolitano, Secretary of the Department of Homeland Security (DHS), announced that the government will offer indefinite relief from deportation for young immigrants brought to the United States as minors.  Young immigrants, between the ages of 15 and 30 years old as of June 15, 2012, not in deportation proceedings will also be eligible to apply for deferred action. 

Although this is not the DREAM legislation (Development, Relief, and Education for Alien Minors Act) that many have been pushing Congress to enact for years, it is a step in the right direction.  It will allow many young immigrants to come out of the shadows, support themselves, and use the skills they acquired in American schools in the workplace.  The DHS initiative will also provide more opportunities for young immigrants to apply and attend college or university, since many US post-secondary institutes require evidence of legal status for admission.  The department estimates that the new policy may benefit as many as 800,000 potential DREAMers.  However, many questions remain unanswered as both USCIS and ICE have 60 days to implement policies and procedures for filing deferred action requests.

Based on the results of DHS’s prior prosecutorial discretion initiative, it also remains to be seen whether this new policy will be any more successful for young immigrants in deportation proceedings.  The August 2011 DHS memo initiated a policy based on priorities to reduce the immigration court’s overbooked docket.  Under the prosecutorial discretion policy , DHS reviewed all 350,000 pending deportation cases nationwide and offered to administratively close about two percent of cases that were not priorities for DHS to pursue.  This was a much lower number than anticipated.  Thus, for young immigrants already in removal proceedings, it remains unclear whether this new policy will bring about much change. 

More positive outcomes are expected for young immigrants who are not in deportation proceedings.  Applications for individuals who are not in deportation proceedings cannot be filed until USCIS implements a filing procedure.  In the meantime, however, potential DREAMers should consult attorneys to determine their eligibility for the program and start gathering documents to show that they meet the requirements. They should beware of individuals or agencies who claim they can help but who are not licensed to represent and assist individuals in this legal process. 

Potential DREAMers physically present in the United States should also get documentation to show they are here from today and until deferred action is granted.  They should also hold on to anything to show they were present on June 15, 2012.   

Individuals must meet the following requirements to be considered for deferred action:
  • Entered the United States before age 16 and not be above 30 years of age;
  • Have continuously resided in the U.S. for 5 years as of June 15, 2012;
  • Were physically present in the U.S. on June 15, 2012;
  • Are currently in school, have graduated from high school or earned a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a serious crime or multiple minor crimes that pose a threat to the national security or public safety.
Those who meet the criteria will be qualified to obtain deferred action for two years, subject to renewal for an indefinite period of time, and will be eligible to apply for work authorization if they can show financial need.



Related Articles:
http://immigrationimpact.com/2012/06/15/president-obama-to-halt-removal-of-dreamers/
http://aila.org/content/default.aspx?docid=40173
http://aila.org/content/default.aspx?docid=40171
http://aila.org/content/default.aspx?docid=40168
http://www.dhs.gov/ynews/releases/20120612-napolitano-announces-deferred-action-process-for-young-people.shtm