House GOP Passes Immigration Bill That Would Eliminate DACA: The Relief for Dreamers

House Republicans passed a bill Wednesday that would eliminate President Barack Obama's policy that allows young undocumented immigrants to stay in the United States.

The ENFORCE Act, which passed 233 to 181, goes after Obama for alleged overreach. The bill would allow Congress to sue the executive branch for allegedly failing to enforce the law, and it could lead to the dismantling of a key policy protecting some undocumented immigrants.

The move was a far cry from the votes on immigration reform that Democrats want, and stood in stark contrast to the immigration principles put forward by House Republican leadership in January. While those guidelines called for young undocumented immigrants who came to the United States as children -- often referred to as Dreamers -- to receive eventual citizenship, the bill approved Wednesday could end the Deferred Action for Childhood Arrivals policy that keeps the same people from being deported.

The Obama administration has used prosecutorial discretion, or the decision to use limited resources to enforce some cases over others, to grant some undocumented immigrants a reprieve, while continuing a high level of deportations more broadly.

House Republicans said passing the bill was necessary because the president had shown an unwillingness to enforce the law and a desire to go around Congress, including through the Deferred Action for Childhood Arrivals policy.

"We have seen a pattern: President Obama circumvents Congress when he doesn't get his way," Judiciary Committee Chairman Bob Goodlatte (R-Va.) said on the House floor in support of the bill. "But the Constitution does not confer upon the president the executive authority to disregard the separation of powers and rewrite acts of Congress based on his policy preferences."

The Obama administration threatened to veto both bills should they come to the president's desk, and White House spokesman Jay Carney criticized them during a press briefing, noting the contrast between the legislation and some Republicans' stated desires to work on immigration reform.

"It is, in my view, in our view, pretty amazing that today House Republicans went in the opposite direction by passing legislation targeting the deferred action for childhood arrivals policy that removed the threat of deportation for young people brought to this country as children, known as Dreamers," he said, adding later, "It doesn't require much to look at what House Republicans are doing today and question whether or not they're serious about moving forward on comprehensive immigration reform."

"Instead of voting to fix our broken immigration system as the Senate did in June, House Republicans today voted to prevent the President from fixing the problems that are within his constitutional authority to solve," Reid said. "These irresponsible Republican bills are dead on arrival in the Senate. I strongly support the President’s decision to protect DREAMers from deportation. Republicans should try solving problems for a change instead of blocking progress for our nation and making life more difficult for the immigrant community."

House Republicans Vote to Deport "Dreamers" Covered by Obama Amnesty in DACA

In a mostly symbolic vote, the Republican-controlled House voted Thursday to resume the deportation of hundreds of thousands of immigrants brought illegally to the United States as children, a move in the first immigration-related vote in either chamber of Congress this year and a measure of the daunting challenge facing supporters of a sweeping overhaul of existing law on the subject.

The party-line vote of 224-201 was aimed at blocking implementation of President Barack Obama's 2012 election-year order to stop deportations of many so-called DREAM Act individuals. Democrats on the House floor reacted with boos when the provision was added to a routine spending bill for the Department of Homeland Security.

The administration has threatened to veto the overall legislation on budgetary grounds. It nevertheless stood as a stark warning from conservatives who dominate the ranks of the Republican House majority about attempts in the Senate to grant a chance at citizenship to an estimated 11 million immigrants residing in the country illegally.

And the White House reacted sharply, saying the House-passed measure would affect "Dreamers" who are "productive members of society who were brought here as young children, grew up in our communities, and became American in every way but on paper."

Rep. Steve King, R-Iowa, said in a statement that the vote prohibits the administration "from implementing executive amnesty" without congressional action. "Bipartisan support for my amendment is the first test of the 113th Congress in the House of Representatives on immigration. My amendment blocks many of the provisions that are mirrored in the Senate's 'Gang of Eight' bill. If this position holds, no amnesty will reach the President's desk," he said. The vote took place as Senate leaders set Friday for the opening of debate on White House-backed legislation that would create a chance at citizenship for those in the country unlawfully, at the same time it takes steps to assure the borders are secure against future illegal immigration.

The measure was drafted by a bipartisan group of eight senators, then approved by the Senate Judiciary Committee last month on a vote of 13-8. It also creates a new low-skilled guest-worker program, expands the number of visas available for high-tech industry workers and reorders the system for legal immigration that has been in place for decades.

In the House, 221 Republicans and three Democrats voted for King's proposal, while 195 Democrats and six Republicans opposed it. "I can't believe they just did that," said Sen. Dick Durbin, D-Ill., a leading supporter of the DREAM Act. Ana Avendano of the AFL-CIO, said in a statement that King and his allies are playing to "a dwindling base of anti-immigrant Republican primary voters. We hope and expect that the leadership of the Republican party will understand that this is not only abhorrent policy but suicidal politics."

Speaking to a group of reporters, a White House official, Cecilia Munoz, said, "If part of what is driving this debate is a recognition, particularly on the Republican side, that they need to do better with the Latino community, this is really not the right way." Obama announced a new policy in June 2012 that puts off deportation for two years for many of those brought to the United States as children, specifically if they were under 16 at the time and are no older than 31 now. They also must be in school, graduated from high school or have served in the military and have no criminal record. The order offers relief from deportation from many young immigrants who would be covered by the so-called DREAM Act, which has repeatedly failed in Congress.

Democrats argued vociferously against King's proposal when it was debated Wednesday evening. "We should not hold children responsible for the actions of adults and their parents. We should give them an opportunity," said Rep. Luis Gutierrez, an Illinois Democrat who has been involved in a sputtering attempt to produce a compromise immigration bill in the House.

For most Americans who thought some form on immigration reform was a shoe-in, this should serve as a wake-up call that the House Republicans are not going to roll over just because of the 2012 election results.

First Group of Approval Notices for "Dreamers" Sent

After approximately three weeks of accepting applications from young undocumented immigrants seeking to avoid deportation and get a work permit, ("Dreamers") the government already has approved some of the roughly 72,000 applications the government has received. The Homeland Security Department said Tuesday that a small group of applications has been approved and those immigrants are being notified this week about the decision. The department did not say how many applications had been approved. The first wave of approvals comes months head of DHS' own internal estimates of how long the application process for the administration's Deferred Action for Childhood Arrivals program could take – and less than 60 days before the Nov. 6 elections. According to an internal DHS document obtained by The Associated Press, the department's Citizenship and Immigration Services had estimated that each application could take several months to be completed. "Following a thorough, individualized case review, USCIS has now begun notifying individuals of the determination on their deferral requests," DHS spokesman Peter Boogaard said in a statement. He said about 72,000 applications have been received since the program's Aug. 15 start. DHS said background checks, including finger prints checks, are being conducted on each immigrant before an application can be approved. The average wait time for approval is expected to be about four months to six months. Most applications for immigration benefits take several months for to process. In certain circumstances, people can pay extra fees to speed up the process. There currently is no such option for deferred action applications. President Barack Obama and Homeland Security Secretary Janet Napolitano announced on June 15 that young undocumented immigrants who came to the U.S. before they turned 16, are 30 or younger, are high school graduates or are in college or have served in the military would be eligible to apply to avoid deportation for up to two years and get a work permit. The immigrants also could not have a serious criminal record. Applicants for deferred deportation must pay a $465 paperwork fee that is expected to cover the cost of processing the work permit and for finger printing. DHS has estimated that as many as 1.04 million immigrants could apply to avoid being deported in the program's first year, with about 890,000 being eligible immediately. According to the DHS document, it could cost between $467 million and $585 million to process applications in the first two years of the program, with revenues from fees estimate at $484 million. That means the cost to the government could range from a gain of $17 million to a loss of more than $101 million.

DHS Secretary Napolitano Announces "Dream Act" Defered Action Process

Today, DHS Secretary Janet Napolitano announced the broad outlines of the deferred action program for "Dream Act" eligible aliens. The Press Release is attached below, however, the announcement is shy of specific details. More will be forthcoming from DHS.

USCIS to begin accepting requests for consideration of deferred action on August 15, 2012.

WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.

On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Information shared during today’s call includes the following highlights:

Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS. Requestors will use a form developed for this specific purpose. Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox. All requestors must provide biometrics and undergo background checks. Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.

The four USCIS Service Centers will review requests.

It is important to note that this process is not yet in effect and individuals who believe they meet the guidelines of this new process should not request consideration of deferred action before August 15, 2012. Requests submitted before August 15, 2012 will be rejected.

Prosecutorial Discretion Clinic in San Francisco on July 14, 2012

Our office has received many phone calls of the last few weeks asking about the June 15, 2012 announcement from President Obama that his administration will grant temporary relief in the form of prosecutorial discretion to any "Dream Act" eligible young person.

It is my understanding that this relief is temporary, for a two-year period, and anyone granted discretion will be eligible for an EAD Card, or work authorization. As there has been a tremendous amount of interest, many San Francisco Immigration Service Providers have joined together for a workshop on July 15, 2012, at Golden Gate University in San Francisco to help provide information to the public.

Here is the pertient information:

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The San Francisco Immigrant Legal and Educational Network (a coalition of immigrant legal and education service providers which includes the African Advocacy Network, Arab Resource and Organizing Center, Asian Law Caucus, Asian Pacific Islander Legal Outreach, Causa Justa: Just Cause, Central American Resource Center, Chinese for Affirmative Action, Dolores Street Community Services, Filipino Community Center, La Raza Centro Legal, La Raza Community Resource Center, Mujeres Unidas y Activas, and People Organized to Demand Environmental and Economic Rights) and the Lawyers' Committee for Civil Rights, along with the American Immigration Lawyers Association (AILA), Immigrant Legal Resource Center (ILRC), Centro Legal de la Raza, Community Legal Services of East Palo Alto (CLSEPA), East Bay Community Law Center, GGU Asian Pacific American Law Students Association, GGU La Raza Law Students Association, and GGU Law Career Services, will be hosting a two part free legal clinic on prosecutorial discretion for pro se (unrepresented) individuals currently in removal proceedings.

 Part I (July 14, 2012): We will provide an overview of prosecutorial discretion, distribute and review a pro se guide for those individuals interested in applying, and provide free legal screenings to evaluate other immigration relief and whether prosecutorial discretion should be pursued. We will ask pro se individuals interested in applying for PD to return to part two of the clinic Saturday, July 28, 2012, with their completed packets so that they may be reviewed by an immigration attorney prior to being submitted. We have a higher need for experienced immigration attorneys for this first part of the clinic.  

Part II (July 28, 2012): We will review prosecutorial discretion requests prepared by individuals using the pro se guide distributed during Part I to make sure they are ready for submission. We will also assist those individuals who are unable to complete a request on their own.

*Due to the Obama administration's June 15, 2012 announcement regarding deferred action for undocumented youth, we will also conduct a brief Know Your Rights presentation during Part I and provide consultations to individuals in proceedings who might qualify for temporary relief under the new guidelines. Clinic info:

 Where: Golden Gate University 536 Mission Street, San Francisco, CA 94105

When: July 14, 2012, 11:00 – 4:00

AND

July 28, 2012, 11:00 – 4:00