Thursday, 5 December 2013

All You Have To Know About Deferred Action

By Tiffany Gill


Deferred action on undocumented immigrants has been a hot topic recently. Some said it is the answer to their long term fear of deportation. While some said it is useless and it would not change a thing. Before we go even further, let us try to understand what is all about.

The United States government passed a law that will grant a relief to some people who entered the country illegally as children, but does not pose a threat to national security in anywise. This is the deferred action law. Some requirements are that they are 15 years old before entering the country and are under 31 years of age as of June 15, 2012. The law does not grant individuals with lawful status though.

Much has to be discussed about this particular law. Though a few have already been discussed, major concerns surrounding this legislation and the ideas that people share about this matter will be talked about. Both sides will be discussed to be able to see the whole picture.

The law gives consideration to persons whose not been into deportation proceedings, under proceedings, or even those that have been given final verdict for deportation. If someone is detained already, he can no longer file a case for deferred action. But if he is qualified, he can talk about his case 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.

Any individual who is over 18 years old and has a pending case on deferred action will accrue unlawful presence. But if he filed a case when he is 18, or even if he turns 18 while his case is pending, then according to the law, he does not accrue unlawful presence. But then again, however, having an action postponed does not pardon previous accrued 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.

Despite of these efforts made by the government, some sectors still question the sincerity of this law. They feel that the government is cooking up something out of this issue. They see that this legislation has a lot of loop holes and is not really geared into helping solve the root of this problem.

This reform has in some ways provided order and a better way to serve its people. It gave undocumented immigrants a sense of relief from imminent deportation. Much has been done to make the deferred action law more comprehensive and furnish better privileges to these undocumented immigrants.




About the Author:



No comments:

Post a Comment