• CALIFORNIA OFFICE:
    Valladares & Associates LLC
    24811 Railroad Ave - suite R

    Santa Clarita, CA 91321

  • Office (661) 310-7771,
    (863) 223-2222

    Fax (863) 223-2223

     

     

    EMAIL:

    frank@valladareslaw.com




 

"See home page regarding changes effective

September 1, 2016"

 

GREAT NEWS FOR YOUNG IMMIGRANTS

 

The Obama administration finally comes through with it promise to support immigration reform. Although the DREAM Act wasn’t enacted by congress, the Obama administration has crafted an alternative by using the concept of Deferred Action and Prosecutorial Discretion. On May 28, 2012 a group of 95 of the country’s top law professors, experts in the field of Immigration Law, wrote a letter to the President, explaining that, “Deferred action is a long-standing form of administrative relief, originally known as “nonpriority enforcement tatus.” 1 It is one of many forms of prosecutorial discretion available to the Executive Branch. A grant of deferred action can have any of several effects, depending on the timing of the grant. It can prevent an individual from being placed in removal proceedings, suspend any proceedings that have commenced, or stay the enforcement of any existing removal order.2 It also makes the recipient eligible to apply. Though no statutes or regulations delineate deferred action in specific terms, the U.S. Supreme Court has made clear that decisions to initiate or terminate enforcement proceedings fall squarely within the authority of the Executive.

On June 15, 2012, Janet Napolitano, Secretary of Homeland Security, issued a Memorandum on Exercising Prosecutorial Discretion with Respect to individuals Who Came to the United States as Children. (See attached) What this means is that if you are a young person who:

1. came to the United States under the age of sixteen;


2. has continuously resided in the United States for a least five years preceding the date of this memorandum (6/15/2012) and is present in the United States on the date of this memorandum;


3. is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces ofthe United States;


4. has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and


5. is not above the age of thirty.

You may be eligible for “Deferred Action” and the issuance of a work permit. See attached memo and press release. Although this new policy directive confers no substantive right, immigration status or pathway to citizenship, it will allow for young people who entered this country through no fault of their own, to come out of the shadows of society and be able to pursue their dreams of education, fulfilling their potential, and becoming productive and contributing members of society. In the mean time, we wait for Congress to pass meaningful comprehensive immigration reform to fix our broken system of immigration laws.

By: O. Frank Valladares 6/19/2012