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State Sen. Ruben Kihuen hugs Astrid Silva while they gather to listen to President Obama’s announcement of new immigration reforms Friday, June 15, 2012, at the offices of the Progressive Leadership Alliance of Nevada.
By Tovin Lapan (contact) 
Friday, June 29, 2012 | 2 a.m.
Sun coverage
- It’s not the Dream Act, but Obama’s immigration order buoys Las Vegans
- Obama immigration order shifts campaign rhetoric
- Supreme Court’s decision on Arizona immigration law garners mixed reactions
- Nevada Assemblyman plans to resurrect immigration legislation following Supreme Court ruling
- More Sun immigration news
- More Sun coverage of the Hispanic community
When President Barack Obama announced his new policy of deferred action for a select group of young immigrants who entered the country illegally, the move was met in Southern Nevada with an outburst of elation and excitement from those who qualify.
A group gathered at the downtown Las Vegas offices of the Progressive Leadership Alliance of Nevada huddled around a small television to watch Obama’s news conference, then cheered and embraced at the welcome news.
Two weeks later, that enthusiasm has been tempered by unanswered questions, speculation, rumors and misinformation running rampant through the immigrant community.
On Wednesday, local immigration attorneys, school officials, immigrants eligible for the deferred action, politicians and community advocates were all back at the PLAN offices to discuss what is, and is not, known about the new policy. The overall message: Many of the details have yet to be released and everyone should sit tight while the Department of Homeland Security, U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement work out the specifics.
“Everyone is getting such different information depending on whom they talk to,” said Astrid Silva, head of Dream Big Vegas, an organization representing immigrants without a legal residency status. “Some attorneys are promising things they can’t deliver or scaring people off from applying. We want to gather reliable information and make sure the community is not panicking because of rumors.”
Some attorneys already are running ads in Spanish-language publications offering consultations on the new policy. At the meeting, several attorneys, including representatives from the Las Vegas chapter of the American Immigration Lawyers Association and the Nevada Immigrant Resource Project at UNLV, said it would be a good idea to consult a lawyer for the application. Yet, the consensus was that it is too soon for an attorney to be of much use and potential applicants should save their money for the time being.
The federal government has until Aug. 13 to issue the application and final details for the process. Until then, attorneys can only speculate as to what will be required. According to the Migration Policy Institute, approximately 1.4 million people in the country are eligible for the deferred action — 30,000 in Nevada.
“There is no application yet,” said Angela Morrison, legal director for the Nevada Immigrant Resource Project. “This is not an amnesty. It is a discretionary form of relief given by the grace of the government. It is not permanent and does not confer any sort of immigration status. Basically, it’s an agreement that the government will not deport them for a period of two years.”
For a certain group of immigrants with no legal residency status, the process should be relatively straightforward, and once their application for deferred action is accepted, they may apply for a two-year work permit.
Raphael Lopez gets a hug from Barbara Silva as they listen to President Obama's announcement of new immigration reforms Friday, June 15, 2012 at the offices of the Progressive Leadership Alliance of Nevada. Lopez, a student at UNLV, was brought into the United States when he was one-year-old.
Each case will be reviewed individually by immigration officials, and the final decision will be at the discretion of the reviewing agent. There is no appeal process.
Those who were under age 31 on June 15, 2012; have been in the country continuously for five years; entered the country before age 16; are currently in school; hold a General Educational Development or high school diploma or have been honorarily discharged from the U.S. armed forces; and have no criminal history should qualify.
For everyone else, the waters get muddy very quickly.
Anyone convicted of a felony or any crime punishable by more than a year in prison is ineligible. Those with three or more misdemeanors not stemming from the same incident will be disqualified. Convictions for “significant” misdemeanors — such as driving under the influence of drugs or alcohol, domestic violence, larceny, fraud and drug convictions — can be grounds for denial.
“If you’ve been arrested, then you definitely should check with an attorney before filing,” Morrison said. “It would make me nervous to submit an application for someone who has been convicted of a crime. They could be denied and then brought to the attention of immigration enforcement.”
Individuals whose applications are denied and are found to have submitted fraudulent documents or have had criminal convictions will be referred to Immigration and Customs Enforcement, according to an informational release from U.S. Citizenship and Immigration Services.
The inclusion of fraud caught the eye of many attorneys.
No doubt numerous immigrants who are eligible will have worked at some time, and the chances are many of them used fraudulent documents to get the job.
Media surround a small group gathered to listen to President Obama's announcement of new immigration reforms Friday, June 15, 2012 at the offices of the Progressive Leadership Alliance of Nevada.
Those who dropped out of school, or finished high school without passing the necessary proficiency exams to earn a diploma, may be left out.
Several of those in attendance voiced concerns about attorneys and “notarios” who are already offering consultations on the policy. In the United States, notaries can do little more than witness the signing of official documents, but in many Central and South American countries, a “notario” can practice law.
“I’m out in the community every day, and I’m hearing wild stories,” said Leo Murrieta of Mi Familia Vota, a civic engagement organization. “People are making appointments with attorneys who are already taking money even though they don’t know what the filing fee will be yet. There are notarios saying they can get you to the front of the line or enter an application now. Some are scared for their parents. Everyone needs to calm down and not rush to self-exclude themselves.”
Some in the immigrant community have raised concerns that an applicant may lead immigration officials to parents who also lack a legal residency status. Asked to clarify if the parents of applicants would be in jeopardy of deportation, the Department of Homeland Security’s media relations personnel referred the Sun to statements made by Secretary of Homeland Security Janet Napolitano to CNN on the day of Obama’s announcement, June 15.
“We have internally set it up so that the parents are not referred for immigration enforcement if the young person comes in for deferred action,” Napolitano said in the interview. “However, the parents are not qualified for deferred action. This is for the young people who meet the criteria that we’ve set forth.”
Other requests for clarification were left unanswered.
Adding to the general atmosphere of confusion, even several attorneys at the meeting argued over some of the finer points of the new policy. For example, there was debate over what would happen to those who are granted a deferral if Obama or a different president decide to rescind the directive. The conclusion: No one knows.
For now, the best move a potential applicant can make is to start collecting school records and the necessary documentation to prove his or her date of entry and continuous presence in the country, such as financial, medical, employment and military records. The majority of immigration lawyers at the meeting seemed to be cautiously optimistic that the policy change is an honest attempt to find a temporary solution for the more than 1 million immigrants with no legal status and a first step toward permanent reform.
Hermandad Mexicana
“I think we’ve reached an unprecedented point in history in terms of the way people feel about immigration,” said Peter Ashman, immigration attorney and spokesman for the Las Vegas chapter of the American Immigration Lawyers Association. “I think we’ve seen the worst of this. I think people will see that the sky won’t fall and the Earth won’t spin into the sun and burn up because of deferred action.”
Hermandad Mexicana, 1722 W. Bonanza Road, Suite 100, a nonprofit legal services agency that specializes in immigration procedures, will have a community meeting 10 a.m. Saturday to answer questions about the new policy.
With the history of many sting operations by Immigration, it is no wonder there are questions and the need for clarification and assurances.
Additionally, since the wording is very important, clarifications may be needed to verify intent.
If you ask for a pen instead of a pencil, you can be in trouble.
You mean to say there is the possibility of fraud happening here, I am shocked!
By the time the process is set up it will be taken down. Romney day 1. Obamacare. Day 2. Secure the border. Day 3. Deal with illegals and employers of illegals. Day 4. Expel family and friends of those most responsible for perpetuating illegal immigration. Day 5. Tweak LEGAL immigration for those in full compliance with ALL American laws.
Trusting the American government is naive. Believing anything a candidate says/promises during an election campaign, should be done cautiously. It is quite likely that this too, will go the way of the Dream Act, which has gone NOwhere in a decade of legislation by either party. All talk, no action. For the sake of these affected young people, I hope this will not be the case, but you never know anymore, as the latest Supreme Court decisions have shown us!
Blessings and Peace,
Star
I can do little more than shake my head at the idea that NONE of the people elected to REPRESENT we, the people are doing so. The VAST majority of citizens are NOT in favor of just looking the other way when it comes to letting illegals stay here simply because they managed to sneak across the border and continue on with their lives. I am no longer amazed at the audacity of our elected officials... I've come to expect that they will serve only their own selfish purpose and they no longer represent - as they should be doing. It's a sad day for America indeed when we can't count on ANYONE to truly speak up and do what the majority of the citizens want done... and BOTH PARTIES are to blame for this and much more.
SCOTUS just ruled on people who "have no business being in this country." While we can feel for those affected, it is NOT our responsibility that they do not improve things in THEIR COUNTRY. We have other priorities such as food and shelter for our families. A million legal immigrants a year is enough. We do NOT need immigration reform. We need to ENFORCE OUR LAWS and SECURE the border.
Hey illegal's, its ok. Just resister and sign up for the new program and everything will be just fine.
Ps. we need the names and addresses of all your siblings, parents, aunts, uncles and every other family member in the states. Oh and we need the names and address of friends (aka other illegal's) that can vouch for you that you are a good person. Don't worry, we won't do anything with the information, we will keep it nice and private. Wink! wink!
Instead of moving forward, wasting time on a political witch hunt,politicizing everything, questioning endlessly an already SCOTUS- affirmed constitutional health care law, doing nothing for four years except obstructions and filibusters or being selfish, mean-spirited, greedy, pathologically-obsessed with being right 24/7 in not sharing a common good of mutual benefit with their fellow-Americans or being scumbags in doing nothing for four years yet being paid six-figure incomes, instant lifetime six-figure retirement incomes as congresspersons among other perks or proposing bills to be enacted into laws benefiting America and all Americans, why don't the House Oversight and Government Reform Committee members prioritize by tabling creating jobs for more than 20 million unemployed Americans struggling to survive and feed their families, bringing home to the USA, the manufacturing companies outsourced to China and India and start the investigation with a man named Darrell Issa now a member of this Do Nothing Congress belonging to the super rich 1 % - as to how a convicted car thief born in Lebanon, involved in insurance fraud, assault, illegal possession of a firearm, criminal acts of his own making among other crimes became a U.S. Representative and a part of a dubious inner circle of President George Bush's criminal administration that would make Nixon's Watergate, Reagan's Iran-Contra, Cheney's look tame in comparison? Never again will we remain deafeningly silent. We'll persist in demanding accountability from each and every Congressperson for dereliction of duty. Don't you agree?
Military Service ???? That which requires identification and a background check......I think that included just about 0%....or did they use ILLEGAL identification to enter the military......that is fraud....send em back. The big problem is that the government is going to give out an addition 1.5 million work visas, and within 2 years loose track of them all. They cannot even keep track of those currently on expired student or work visas that remain in the country......is not a solution is another assault against the financial stability of the US.
Mark - yes, military service for immigrants.
http://www.nytimes.com/2009/02/15/us/15i...
This could be a catch 22. You admit you're illegal and then what?
After admittance, the illegal person should be mandated to obtain legal citizenship within a year.
Secure the border. Prove it and then we can talk about illegals who've been here breaking law after law and having kids for Americans to support--from K-12, law enforcement, roads, social welfare....... Racial profiling? That's when African Blacks kill the white settlers who have farmed the land and built up the countries.