Wednesday, December 4, 2013

Deferred Action Is The Solution To Immigrants

Deferred Action Is The Solution To Immigrants

By Tiffany Gill


Some undocumented immigrants are asking what is deferred action all about since it is unattainable for many. While some are able to reap the fruits of this legislation, others are still fighting for what could have been the solution for being illegal immigrants. There are a lot of commotion surrounding this issue and it is important to discuss what is this all about.

Deferred action is the power of the United States government to grant discretionary relief to individuals. He should be under 31 years old as of June 15, 2012 and have entered the nation before turning 16. Though it does not give a lawful status to that person, however, the person who has a deferred case will not be considered as having an accruing unlawful presence.

There are many fields to point out about this legislation. Though we have initially discussed some, some important things must be explained. Both the provisions and how people find this law will be discussed.

Deferred action can be given to people who have been given final orders for removal, under judicial proceedings, even to those persons who have never been into removal proceedings. This is if he meets the guidelines and is not detained in the immigration. Otherwise, if he is detained and believed that he has met the guidelines, then he should not request consideration for it but should talk to the detention officer.

If the person under deferred action is in financial crisis, then according to this legislation he has the right to find a job. Like their citizens, he still pays the premium tax credits and reduced cost sharing. This however does not give people under this program the right to become resident of the country and obtain citizenship. The state can even deport them.

An immigrant who filed deferred action while he is 18 is innocent from accruing unlawful presence. Or if he is still below 18 upon filing and turns 18 while his case is pending, he is still not guilty. Other than this, he is guilty. And even if his presence is lawful because he is been deferred, still he is not pardoned from his previous accruing unlawful presence.

One maybe granted privilege and will not accrue unlawful presence for that particular period, this however does not grant lawful status. There is a big difference between the two. Unlawful presence refers to the period a person stays in the United States after his period of stay expired. It still does not change the fact that he has unlawful status. Therefore he is still subject to every legal restrictions.

There are oppositions to the efforts of the government though. Militant groups that say it is only a propaganda made by the government to make them worthy of praise. It is not really a concerted effort to give solution to this never ending problem of illegal immigration. Thus, they advised immigrants to not fully trust on the provisions of this law since this is not that complete.

The government made a move on how to resolve the crisis on illegal immigration. Though some individuals are blessed with the rights they acquire thru this law, others felt they are taken for granted by the government. Thus, deferred action has become a big question to them as to what is it really all about since it is very hard to attain for many.




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