The American Immigration Lawyers Association recently published a consumer advisory for potential beneficiaries of President Obama’s Executive Orders relating to Deferred Action. The advisory provides some summary information that is helpful for businesses to understand as well, including:
- Deferred Action may be available to two groups of undocumented individuals who have been living in the U.S. since January 1, 2010: (1) People who came here as children; and (2) Parents of U.S. citizens or lawful permanent residents.
- No one can apply yet. Applications for expanded Deferred Action may be able to apply in mid-February, and applications for the new Deferred Action may be able to apply in mid-May.
- Not everyone who applies will qualify. There are other requirements that must be met other than being a parent of a citizen or permanent resident or being a childhood arrival.
- Some unscrupulous people are trying to take advantage of individuals who may be seeking Deferred Action by providing inaccurate information or making promises that can’t be kept.
In addition, there are some, and may be more, legal challenges to President Obama’s Executive Action that could delay or otherwise substantially change the process. For now, businesses should stay abreast of the issues and understand the impact they may have on potential future authorized workers.