Thursday, November 20, 2014

VIDEO: President Obama's Immigration Action! + new USCIS immigration guidelines + ICE's how to apply for Prosecutorial Discretion

From inside the White House

Tonight I am extremely proud of our President and the countless heroes who have worked tirelessly to achieve this! I am proud to call many of these heroes my friends. Some are undocumented and some are elected officials. We have shared tears and laughter on the road to this moment and I have grown to consider many of you my family. I hope that tonight we can celebrate this success. Soon we will have to rise again to continue this fight.
This is not our ultimate goal of comprehensive immigration reform, but is an important and necessary measure that will give temporary relief to millions of undocumented immigrants. We must support it wholeheartedly as the same Republicans who have prevented congressional, lasting action on this matter will attack our President for doing what he can to protect our communities.

When everyone who believes that immigrants deserve a chance at a better life can put aside our differences and work together will we have the might to achieve the more lasting legislative solution that only congress can provide.

It's taken a lot of effort to arrive at this day but we must not relent.

The President is doing what he can to help undocumented immigrants. We need to keep pushing congress to achieve a lasting, legislative solution!!!

    At the White House:  Andres Useche speaks about the need for Immigration Reform for undocumented Immigrants

    Below you will find the guidelines and links for now I leave you with the words of man who I am honored to have as our President:
      " Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger – we were strangers once, too. My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal – that all of us are created equal, and all of us have the chance to make of our lives what we will. That’s the country our parents and grandparents and generations before them built for us. That’s the tradition we must uphold. That’s the legacy we must leave for those who are yet to come. Thank you, God bless you, and God bless this country we love. " President Barack Obama

      These are the new guidelines from U.S. Citizen and Immigration Cervices (click the links for details and

      (para espaƱol ve a )

      Executive Actions on Immigration 

      On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
      These initiatives include:
      • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years | Details
      • Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks | Details
      • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens | Details
      • Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs | Details
      • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee | Details  
      The following is key. While 5 million undocumented immigrants will be able to apply to be protected from deportation and given work permits the other 6 million will also be in a better position to seek Prosecutorial Discretion since the stated priority will be on deporting dangerous criminals/felons and not hard-working undocumented families. This is important and necessary but it's still too risky for non-criminal undocumented folks to be deported and they too should be able to freely emerge from the shadows: We need the security and opportunity that real legislative reform will provide, we must keep fighting for it by putting pressure on those who have blocked it in congress.

      How to Seek Prosecutorial Discretion from ICE

      On November 20, 2014, the Secretary of Homeland Security announced new immigration enforcement priorities and guidance on the exercise of prosecutorial discretion entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum. All DHS agencies, including U.S. Immigration and Customs Enforcement (ICE), will apply these priorities when deciding which aliens to arrest, detain, and remove from the United States.  ICE has long used prosecutorial discretion in performing its immigration enforcement mission, and is updating its procedures and training to implement the new priorities.
      The Secretary also issued a memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents, which, through the exercise of prosecutorial discretion, allows individuals who meet the eligibility criteria to apply, on a case-by-case basis, for DACA and deferred action.  U.S. Citizenship and Immigration Services (USCIS) will adjudicate all of these cases.  If you have questions about deferred action or other services and benefits offered by USCIS, you may call the USCIS National Customer Service Center toll-free at 1-800-375-5283 or visit the website at for more information.
      Information is provided below about how to seek prosecutorial discretion, including for individuals eligible for DACA and deferred action, from ICE under the new priorities.

      For individuals in ICE custody

      • In order to enhance its ability to detain and remove aliens who pose a national security or public safety threat, ICE Enforcement and Removal Operations (ERO) will be proactively reviewing the cases of individuals in its custody.
      • If you would like to discuss your priority status or wish ICE to exercise prosecutorial discretion in your case, including if you believe you are eligible for DACA or deferred action, you should follow the detainee-staff communication procedures for your facility. These procedures are outlined in the orientation handbook you were provided when you were booked into ICE custody. 
      • You may also call the ICE ERO Detention Reporting and Information Line, toll-free, at 1-888-351-4024 to make your request.

      For individuals in proceedings before the Executive Office for Immigration Review

      • If your administrative proceedings are pending before an immigration judge or the Board of Immigration Appeals but you believe that you do not fall within the DHS enforcement priorities, including if you believe you are eligible for DACA or deferred action, ICE may agree to administratively close your case upon request.
      • You may submit your request to the ICE Office of the Principal Legal Advisor (OPLA). You (or, if you are represented, your legal representative) should submit your request for prosecutorial discretion to the mailbox of the OPLA field office that is handling your case. A link to the OPLA field office mailboxes is available here.
      • Your request should include your full name, alien registration number (A-number), and the status of your case. You may also include the reasons you believe you do not fall within the DHS enforcement priorities, including if you believe you are eligible for DACA or deferred action.
      • OPLA will consider your request promptly and provide a response to the e-mail address from which the incoming message was sent.

      For individuals with removal orders who are scheduled for removal and are not in ICE custody

      • ICE will review the cases of individuals scheduled for removal. However, if you have been scheduled for removal and believe that you merit prosecutorial discretion, including if you believe you are eligible for DACA or deferred action, you should promptly contact the ERO officer responsible for your case to discuss the matter. 
      • You may also call the ICE ERO Detention Reporting and Information Line, toll-free, at 1-888-351-4024.  You may also contact your local OPLA office, or you may call the USCIS National Customer Service Center toll-free at 1-800-375-5283 or visit the website at for more information

      "Marching into the Light" by Andres Useche