With Obama’s new immigration policy in action, thousands of young immigrants are free from the fear that they will be deported. Yet for some immigrants who have made mistakes in the past, the new law presents a grey area that may leave them without protection. One of these young immigrants is Cecilio, a 24-year-old who came from Mexico 11 years ago and expects to graduate from the Borough of Manhattan Community College next year with an Associate’s Degree in liberal arts. Under Obama’s new policy, about 700,000 young illegal immigrants who came to the U.S. before they were 16 and have graduated from high school are exempt from any sort of prosecution for deportation.
Cecilio, like many other Hispanic immigrants, meets the requirements that are stated in the act. He is the right age, has a legal residence, and has satisfied the education requirements. This means that he is technically eligible for a work permit under the new policy. However, there’s a catch. Cecilio used a fraudulent Social Security number to work at a fast food restaurant for almost 10 years. He was also apprehended by the Customs and Border Protection when he entered the U.S. wand was returned to Mexico when he first attempted to enter the country. He tried again the next day and was successful in making it past the border.
Legal experts say that people like Cecilio with a questionable record probably won’t end up with immunity. In fact, if he petitions for the special allowances in the new immigration policy, it might lead to his arrest, conviction, and deportation. According to the ruling, anyone who has been convicted of a felony, a significant misdemeanor, and three or more non-significant misdemeanors will not be eligible for protection under the policy. In Cecilio’s situation, his double-attempt to cross the border already lists him as a repeat immigration violator. People with this offense are a priority for deportation, according to the Department of Human Services.
Attorneys say that Cecilio’s application for deferred action will probably be complicated, and there’s no way to be certain of the outcome. The young man plans to talk in depth with an immigration attorney before choosing whether or not he should even apply for deferred action. This is because by submitting his information to the government, they will be notified of where he is. Rather than give him exemption, they may choose to arrest him for his previous crimes.
Another young man, Joshua, is also an immigrant from Mexico that satisfies all the requirements for deferred action. The tough part is that he has been arrested for graffiti and a possession of a small amount of marijuana. Joshua says that his charges were later dismissed, but that doesn’t change the fact that he is a gray area. Lawyers have told Joshua that he may want to wait awhile before applying for deferred action, and even then he needs to be cautious.
One immigration attorney thinks that even the smallest charges could keep a person from deferred action. Men and women who have been in a juvenile delinquency court or were given a youth charge for any crime can end up in jail rather than free from worry of deportation. All of these immigrants are younger than 30 and will be flooding the Department of Human Services with applications for immunity from the immigration laws. The immunity only lasts for two-year, and comes with a work permit. Immigrants should be reminded that this is an application-based immunity, and the Department of Human Services can deny people this right if they see it fit. If your charges were not fair and you want to challenge the court, or if you need defense in an immigration trial, then find an immigration attorney who can help!