President Obama’s executive action program may make hundreds of thousands of immigrants in the NYC area eligible for a work authorization and provisional status. However, applying for the programs with a criminal record or a history of immigration violations could result in being placed in a removal proceeding. This article will examine how one’s criminal record or immigration history may affect eligibility for Obama’s pending executive action program. Still, as the law in this area is complex and still being formulated, immigrants in the NYC area who are interested in seeking work status under the recent programs, should confirm with a lawyer that they are not an enforcement priority for deportation.
Enforcement Priorities Under Obama’s Recent Executive Actions on Immigration
An alien’s eligibility for the executive action programs announced by President Obama is limited by the Department of Homeland Security’s (DHS)Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. In this policy memo, DHS outlines three levels of enforcement priority that relate to border security, national security and public safety. If one falls under one of these categories, he or she may want to reconsider applying for a work authorization when and if Obama’s executive actions become active. Here are the essentials of each priority level:
(A) Priority One- The following aliens are prioritized for removal :
• Individuals who have been involved with terrorism or espionage, or suspected of such activity;
• Individuals who have been deemed to pose a danger to national security;
• Individuals caught at the border or a port of entry while trying to enter the US;
• Individuals who have been convicted of a crime where a part of the charge involved being part of a criminal street gang,
• Individuals, 16 or older, who have been involved in gang activity;
• Individuals with a felony conviction where a part of the charge involved that person’s immigration status; and
• Individuals convicted of an "aggravated felony."
(B) Priority Two- The following aliens are the 2nd priority for removal :
• Individuals with convictions for of three or more separate “misdemeanor” offenses, which involved the person’s immigration status. This does not include traffic offenses or state or local offenses
• Individuals convicted of a "significant misdemeanor"
• Individuals entering the US, after illegally entering or re-entering who cannot establish continual physical presence since January 1, 2014 ; and
• Individuals deemed by ICE Field Office Director, USCIS District Director, or USCIS Service Center Director to have abused the visa or visa waiver programs.
(C) Priority Three- Aliens who received a final order of removal on or after January 1, 2014 :
As one can easily see, this is a complicated set of requirements and it is not always clear whether one is barred from applying for a work authorization under Obama’s program. Therefore, it is advisable to consult an attorney to determine one’s potential eligibility.
Enforcement Priorities Under Obama’s Recent Executive Actions on Immigration
An alien’s eligibility for the executive action programs announced by President Obama is limited by the Department of Homeland Security’s (DHS)Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. In this policy memo, DHS outlines three levels of enforcement priority that relate to border security, national security and public safety. If one falls under one of these categories, he or she may want to reconsider applying for a work authorization when and if Obama’s executive actions become active. Here are the essentials of each priority level:
(A) Priority One- The following aliens are prioritized for removal :
• Individuals who have been involved with terrorism or espionage, or suspected of such activity;
• Individuals who have been deemed to pose a danger to national security;
• Individuals caught at the border or a port of entry while trying to enter the US;
• Individuals who have been convicted of a crime where a part of the charge involved being part of a criminal street gang,
• Individuals, 16 or older, who have been involved in gang activity;
• Individuals with a felony conviction where a part of the charge involved that person’s immigration status; and
• Individuals convicted of an "aggravated felony."
(B) Priority Two- The following aliens are the 2nd priority for removal :
• Individuals with convictions for of three or more separate “misdemeanor” offenses, which involved the person’s immigration status. This does not include traffic offenses or state or local offenses
• Individuals convicted of a "significant misdemeanor"
• Individuals entering the US, after illegally entering or re-entering who cannot establish continual physical presence since January 1, 2014 ; and
• Individuals deemed by ICE Field Office Director, USCIS District Director, or USCIS Service Center Director to have abused the visa or visa waiver programs.
(C) Priority Three- Aliens who received a final order of removal on or after January 1, 2014 :
As one can easily see, this is a complicated set of requirements and it is not always clear whether one is barred from applying for a work authorization under Obama’s program. Therefore, it is advisable to consult an attorney to determine one’s potential eligibility.
