Deportation deferment on horizon
City preps for Obama policy implementation
When President Obama signed an executive action last November that would halt deportations for an estimated 4 million undocumented immigrants, it was viewed by many as a game-changing move that might help pave the way for eventual immigration reform.
Now, local immigration advocates and city officials are trying to drum up support in anticipation of the policy’s implementation. At a city hall press conference last week, speakers underscored the significance of the policy change and tried to encourage those who might be eligible to begin preparing their documents to apply for the new federal programs.
At A Glance
Changes to federal policy as a result of President Obama’s executive action on immigration:
- Deferred Action for Parental Accountability (DAPA) would protect immigrants who have children who are U.S. citizens or legal permanent residents who have resided in the United States for at least five years.
- Expansion of the Deferred Action for Childhood Arrivals (DACA) program covering children who were brought to the United States illegally by their parents, eliminating the previous cut-off age of 31 years old and allowing applications from residents who have arrived as recently as 2010.
“Today is really about understanding the true history of this country,” said Felix Arroyo, Boston’s Chief of Health and Human Services. “We elect our leaders, and we’re a country where the vast majority of us come from somewhere else. When you put these things together, that’s what makes us unique.”
Arroyo added that Mayor Walsh, who was unable to attend, was in support of President Obama’s proposed changes.
“The mayor knows that we need a real [immigration] fix and that [the executive action] is not a full solution. Nevertheless, it’s a tool we’re going to use,” he said.
Alexandra Montero McNeil, the principal of the Mario Umana school in East Boston, said the policy change would have a significant impact on her school.
“I have lived with students coming into my building and saying, ‘My dad was taken away,’” she said. “We’re ripping apart families [with deportation], when I believe this country was built on supporting families.”
Two changes
The policy shifts involve two different programs — although those programs have not yet been implemented. First, a new program called Deferred Action for Parental Accountability (DAPA) would block the deportation of undocumented parents of U.S. citizens or legal permanent residents who have lived in the United States for at least five years.
Second, the Executive Action would expand the Deferred Action for Childhood Arrivals (DACA) program initiated by President Obama in June 2012. DACA covers children who were brought to the United States illegally by their parents, popularly referred to as “dreamers.” New eligibility requirements would eliminate the previous cut-off age of 31 years old and allow residents who have arrived as recently as 2010 to apply.
No one would be covered automatically by the Executive Action. They would have to apply for deferred action and reapply every three years for as long as the policy is in place.
The changes, which the President enacted in lieu of comprehensive immigration reform from Congress, also are not guaranteed to remain past the current Administration and do not change anyone’s actual immigration status.
Judicial brakes
While the president’s executive actions have not yet been rolled out, those at the press conference said they anticipated that the policies soon would be fully implemented.
The reason for delay: a current court case, Texas vs. United States, which challenges the President’s executive action in 26 states. Until the court rules, the case has halted the implementation of the DAPA and extended DACA programs.
“We have obviously not heard from the court,” said Georgie Katsoulomitis, the executive director of Massachusetts Law Reform Institute. “But we fully anticipate these programs will be implemented … The question is when, not if.”
Katsoulomitis, who is the daughter of Greek immigrants, stressed the importance of the programs for those who are undocumented.
“Today’s immigrants work hard, but unfortunately when you’re an undocumented immigrant, you’re subject to extreme exploitation and lower wages because [you’re] in the shadows. … This is why it’s important that we bring them out of the shadows, so they can have the same opportunities immigrants have had [here] for 200 years.”
Scammers abound
Immigration advocates at the press conference urged those who might be eligible for the programs to prepare their documentation now.
“We really want to protect our immigrants — especially our undocumented immigrants — from scams,” said Katsoulomitis. “Experience has shown when there is a change [in immigration laws], you have unscrupulous notaries that exploit people. People pay a lot of money and they end up getting deported.”
She stressed that those seeking help with their papers should be confident that those offering assistance are qualified to do so.
“A notary public is not a lawyer, and it is illegal for them to give legal advice,” she said. She said people ought to utilize reputable legal services and community organizations that specialize in immigration issues.
More to come?
Multiple speakers said that while they hoped for a long-term, full overhaul of the federal immigration system, the Obama Administration’s changes were still welcome.
“It’s a step in the right direction,” said Patricia Sobalvarro, the executive director of Agencia ALPHA, making it clear that ultimately she hoped for full immigration reform.
Natalicia Tracy, the executive director of the Brazilian Workers Center, stressed what she said was the pressing need for a more sustainable solution to the issue of illegal immigration.
“We have a lot of US-born children, but a lot of the parents are undocumented,” she said of the Brazilian population in Greater Boston. “They can’t just pick up and leave.”
An eighteen-year old woman who did not want her name used said that she will qualify for DACA and her parents will qualify for the expanded DAPA.
“I would say I’m just as American as any other American,” she said, adding that she had lived in the United States since she was four years old.
“It’s kind of funny to me that a place known as a melting pot has such a broken immigration system.”
She, like others, added a cautionary note to her optimism. “DAPA and DACA is a step forward, but it’s not enough — and we’re not even there yet.”
