Dems see ‘window of opportunity’ on immigration if Obama reelected - Page 2

This has not been talked about though. Are you about the one in the 70s?

They could also move the 245i date.

Yes the Registry provision of IRCA 1986 (dated at Jan 1st 1972), there were talks about moving it forward via EO or administrative action. They could move 245i but once they do that nothing bigger will move until 2 congresses over and conversely if a bigger bill fails then the smaller one will fail too, if that fails there's always an option of a pardon for all EWI and overstays.

I guess that if we are to get green cards it will be one of the following:
1) Executive/administrative action. EO by Obama or DHS deciding to move up the registry date.
2) Stealth provision in some phonebook of a law. Really all that's needed would be a single sentence in some provision (Amend date of January 1st 1972 in INA § 249 to July 1st 2012) - 1 sentence, everyone gets a green card.
3) Dems actually moving something up during that small window of opportunity right after elections (very unlikely).

I swear, immigration law needs a statute of limitations...

The registry date is the statue of limitations for immigration law. That is why it is so bogus it has not been moved up, as it was regularly in the past (roughly every 20 years). It should have been moved up to the early 90's in Bush's first term to keep with historical tradition.

I really wonder whether this is something the president can do through an executive order, though. If it is possible, it should be the first thing Obama does on the day following the election.

Not possible to change Registry through an Executive Order. It's actually part of the INA, which only Congress (and the Courts, to a much, much more limited extent) can change.

Pardons for EWIs and overstays don't matter because they haven't committed felony offenses by staying in the U.S. (unless they returned under the 3/10 year bars). Parole-in-place is the "you're-now-basically-an-overstay" solution for EWIs, but we have Deferred Action instead.

I think some people are misunderstanding the leaked memo that mentioned the registry date.
http://abcnews.go.com/images/Politic...ion-reform.pdf

The part that mentions the registry is under "Increase the use of deferred action"
The memo proposes deferred action to those who fall under the Dream Act(which they went ahead with) AND/OR those who would benefit if the registry date is changed to 1996(or later date).

I don't think it would be possible to change to the registry date through executive action. It something that is specified in the INA and all attempts to change it have been through Congress.

It is definitely a grey area under immigration law that could bring enhanced scrutiny...but I think it can be debated either way.From what I can see,the Administration has mentioned multiple times that only Congress has the right to confer Permanent Residency and the Registry provision has already passed Congress.

The grey area and most controversial part is simply can the President 'update the year'.

I have low expectations on Dems to do something with immigration in the near future (1 to 2 years from now?). However, what I AM hoping for is that this election year will have a focus on immigration and the dems winning and locking up (crossing my fingers) the hispanic vote; making the repubs rethink their rhetoric on immigration and softening future talks.

So anyone that came physically in the USA before Jan 1st 1972 gets a GC whether they left and then comeback again right? Registry date has been moved once though? Why would they do that again? There has not been talks about that. CIR has nothing to do with registry date. 1986 law was for people who came here before 1982 with requirements.

So you want EVERYONE to get a GC regardless if they have a criminal record or not?
moving 245i date would help a lot of people though.



Deferred Action does not change your status also. The ban is still in place.

Why 1996? Because of the new law at that year?


I think Rubio will come up with a bill soon and Dream Act will pass before elections.

Registry provision already bans people who do not have a "good moral character".

Deferred action does not cancel a former EWI or overstay, you do not accumulate any more illegal presence while under deferred action but w/e you already overstayed and EWI still stand.

"he [President] shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment" (US Constitution, Article 2, section 2, clause 1)
Constitution doesn't say that it needs to be a criminal offense. I don't see why a pardon wouldn't matter.

Dude... There's a very thick stripped line between being an optimist and being crazy.

I think they mentioned 1996 because it's 15 years prior and that seems like a good time to consider someone a long term resident for registry.

If you look at previous bills, most would've changed the registry date to 15 years prior. If they ever change the date it'll most likely be 15 years back.