The rules regarding whether an alien is subject to mandatory detention are found within the Immigration and Nationality Act (INA), particularly Section 236(c). Under section 236(c), mandatory means what it says: the individual must be taken into custody and detained; there is no discretionary release. People with criminal records are usually the ones most vulnerable to detention without bond.
If you are a male, registering for the Selective Service System (SSS) is a very important requirement for United States Citizenship. A deliberate and conscious failure to do so will cause a naturalization application to be denied by USCIS. The reason why is that in order to naturalize and become a U.S. citizen, a green card holder must show that he is "a person of good moral character" for five years (or three years, for applicants who became green card holders based on marriage to a U.S. citizen). If an applicant fails to comply with the Selective Service registration requirement, this deliberate failure may constitute or support a finding that the applicant has not demonstrated good moral character.
President Obama's Executive Action on Immigration was announced on November 20, 2014. Since then, there are still a number of unanswered questions about the Deferred Action for Parental Accountability, or "DAPA." We talked about some of those questions here. However, besides unanswered questions, there are also misunderstandings about what the Executive Action does and does not provide. Today, I want to discuss the top five misconceptions that people we talk to have about DAPA.
President Obama's Executive Order on Immigration not only provided a reprieve to millions of undocumented aliens in the US, but also signaled a change in enforcement priorities. Under a new November 2014 memorandum entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, the Department of Homeland Security has been ordered to re-prioritize whom it should be actively seeking to remove. This policy wide guidance applies to all immigration arms of DHS including US Immigration and Customs enforcement (ICE), US Customs and Border Patrol (CBP), and US Citizenship and Immigration Services (USCIS). It also, importantly, rescinds and replaces previous memoranda including the famous 2011 Morton Memos that paved the way for Prosecutorial Discretion Requests. People who applying for DAPA relief should also be aware of this memo, as deferred action will not be extended to those who are considered enforcement priorities.
Under President Obama's new Deferred Action for Parents, also known as DAP or DAPA, eligible applicants will be able to apply for Deferred Action and three-year work permits. One of the most frequently asked questions is what sort of documentation is needed to qualify? At this point, unfortunately, further guidance has yet to be issued. Once the forms are issued, the instructions should clarify what is acceptable evidence. However, it is still extremely important to begin planning and assembling documents. Deferred action under DAPA is the same type of deferred action extended to DACA recipients so the documents required for DACA are a good guide as to what will probably be expected for DAPA applicants. Items that you might want to consider gathering together include but should not be limited to the following. This should not be relied upon as legal advice. This is merely general information based upon what USCIS has requested of applicants for deferred action under DACA. Once the instructions and guidelines come out, of course, it will be clear what is necessary.