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DAP Forums > DREAM Act > The Lounge

My idea to reform immigration. - Page 5

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#41
11-07-2012, 04:25 PM
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Quote:
Originally Posted by arcane View Post
DREAM Act & CIR:

CIR to obtain green card:
- filed taxes for at least 5 years (joint filling and dependable claims acceptable)
- continuos residence in the US for at least 10 years
- clean background
- Be at least 27 yrs old at time of application
- have a USA GED/High school diploma/College diploma OR pass a basic English test designated by USCIS
- standard immigration medical requirements

Regarding securing borders:
- use military forces to aid border patrols on both borders to combat criminals and drug dealers/cartels

note: If the borders become very secure, the overstay of visas will rise significantly, and consequently there will be more restrictions on obtaining a visa to visit the USA.
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#42
11-07-2012, 04:30 PM
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keep in mind they might throw us a curve ball and kill the dream act and make the reform for everyone. What if this happens, are you all for all those guidelines you are coming up with?
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#43
11-07-2012, 04:48 PM
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Quote:
Originally Posted by choukette View Post
keep in mind they might throw us a curve ball and kill the dream act and make the reform for everyone. What if this happens, are you all for all those guidelines you are coming up with?
If they do that the guidelines would probably be 10 years presence, no felonies or significant misdemeanors, etc.
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#44
11-07-2012, 05:01 PM
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Ok, so Obama got elected for a second term. So, what are we going to do to ensure that we get something like the DREAM ACT pass within the next four year? I personally don't want to see myself having to beg a future Administration to renew my work permit, do you? It is the time to get very active, and see if we can secure something similar to the DREAM ACT. We need to make a distinction between CIR and DREAMERS, as we are not like the majority of people who can't speak English, haven't really assimilated to the country, but demand CIR.

I am asking each and everyone of you to get active, let's come up with a plan, let's push for permanent work permits (residency) within the next two years.
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#45
11-07-2012, 05:06 PM
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Quote:
Originally Posted by AB323 View Post
Why is this even an argument? This is current law, all they need to do is change the date which they have done before. No laws need to be changed or added. You realize this is almost the same as DACA right?
Amnesty has been done before as well, twice if I remember correctly. That registry date is in the law, so only Congress can change it, as was the case with previous registry dates. This is most definitely law, not executive prosecutorial discretion like DACA.
http://www.uscis.gov/ilink/docView/A...-0-0-9882.html

If you read it carefully, they actually pass a new law each time the date moved.

Quote:
You would have to be here by the updated date. How does that encourages people to come here and stay put?
If I can count on the fact that the registry cutoff date always moves forward (as it did, and as you proposed), then I know that I will eventually be covered by that date and become legal. The message it sends to people out there would be: get in any way you can, when the registry date catches up with you, you'll be legal.

Quote:
There's no such thing in current law. You would have to write a new law according to you.
There is no such thing about executive discretion to move the registry date either. There is no such thing as DREAM ACT in current law as well.

I thought we are talking about a new CIR law? The one that Obama and the Democratic Senate have to sell to House Republicans?
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#46
11-07-2012, 05:11 PM
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Quote:
Originally Posted by Latte11 View Post
Ok, so Obama got elected for a second term. So, what are we going to do to ensure that we get something like the DREAM ACT pass within the next four year? I personally don't want to see myself having to beg a future Administration to renew my work permit, do you? It is the time to get very active, and see if we can secure something similar to the DREAM ACT. We need to make a distinction between CIR and DREAMERS, as we are not like the majority of people who can't speak English, haven't really assimilated to the country, but demand CIR.

I am asking each and everyone of you to get active, let's come up with a plan, let's push for permanent work permits (residency) within the next two years.
Yes I agree
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#47
11-07-2012, 05:41 PM
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Quote:
Originally Posted by Cloudless View Post
Amnesty has been done before as well, twice if I remember correctly. That registry date is in the law, so only Congress can change it, as was the case with previous registry dates. This is most definitely law, not executive prosecutorial discretion like DACA.
http://www.uscis.gov/ilink/docView/A...-0-0-9882.html

If you read it carefully, they actually pass a new law each time the date moved.


If I can count on the fact that the registry cutoff date always moves forward (as it did, and as you proposed), then I know that I will eventually be covered by that date and become legal. The message it sends to people out there would be: get in any way you can, when the registry date catches up with you, you'll be legal.


There is no such thing about executive discretion to move the registry date either. There is no such thing as DREAM ACT in current law as well.

I thought we are talking about a new CIR law? The one that Obama and the Democratic Senate have to sell to House Republicans?
Yeah there is,The registry argument actually deals about updating it to '96 with Dream act specific requirements since it is already law just like how DACA was crafted around Deferred action with specific requirements.

I think what the President should do is simply set a deadline for the Congress to act on an Immigration bill[/w legal status] or issue the Registry option by Executive action by the deadline in question and everything else should fall into place.
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#48
11-07-2012, 05:44 PM
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Quote:
This is most definitely law, not executive prosecutorial discretion like DACA.
http://www.uscis.gov/ilink/docView/A...-0-0-9882.html

If you read it carefully, they actually pass a new law each time the date moved.
You're confused, I was not saying it was an executive order. I was saying the eligibility requirements for it are similar to DACA. Also, it's not a NEW law, congress would have to pass a bill moving the date which would then become law, not write a whole "new" law.


Quote:
If I can count on the fact that the registry cutoff date always moves forward (as it did, and as you proposed), then I know that I will eventually be covered by that date and become legal. The message it sends to people out there would be: get in any way you can, when the registry date catches up with you, you'll be legal.
By what date exactly? It's never moved at an exact date and the date hasn't moved in 40 years!

You can't be serious with that argument right?

Quote:
There is no such thing about executive discretion to move the registry date either. There is no such thing as DREAM ACT in current law as well.

I thought we are talking about a new CIR law? The one that Obama and the Democratic Senate have to sell to House Republicans?
At this point I will assume you're confused as to what you're actually talking about.
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#49
11-08-2012, 02:17 AM
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Quote:
Originally Posted by Ianus View Post
Yeah there is,The registry argument actually deals about updating it to '96 with Dream act specific requirements since it is already law just like how DACA was crafted around Deferred action with specific requirements.

I think what the President should do is simply set a deadline for the Congress to act on an Immigration bill[/w legal status] or issue the Registry option by Executive action by the deadline in question and everything else should fall into place.
Basically DACA is federal regulation, not law. Regulations are a set of rules created by the executive branch to handle areas not specifically covered by law, typically because Congress thinks certain details are best left to the discretion of the executive and judicial branches of government. The document you linked to shows all the different policies that can be changed because federal law doesn't specifically say how it should be done.

The registry date is specifically written into the law. The latest date of January 1, 1972 is written in section 203 of the Immigration Reform and Control Act of 1986 by Congress.
http://www.uscis.gov/ilink/docView/P.../0-0-0-15.html

The president does not have the power to change a date that's part of a federal law. Feel free to confirm this with any lawyer.
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#50
11-08-2012, 03:04 AM
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Quote:
Originally Posted by AB323 View Post
You're confused, I was not saying it was an executive order. I was saying the eligibility requirements for it are similar to DACA. Also, it's not a NEW law, congress would have to pass a bill moving the date which would then become law, not write a whole "new" law.
Now you're just arguing semantics about 'new' law. The IRCA of 1986 that specifically moved the registry date to January 1, 1972 also created whole new classes of visas that didn't exist before. Is this a 'new' law, a bill that passed into law, or amended old law? Who cares? It's a law, which means it's not something the president can change.

Quote:
By what date exactly? It's never moved at an exact date and the date hasn't moved in 40 years!

You can't be serious with that argument right?
You should really read about it before making comments like this. I'll give you the link again.
http://www.uscis.gov/ilink/docView/A...-0-0-9882.html

Registry dates were:
June 3, 1921
July 1, 1924
June 28, 1940
June 30, 1948
January 1, 1972

They kept moving the dates, yet the country still have illegal immigration problem. When Reagan moved the date to 1972 he legalized about 3 million people, thinking it would be the last. Yet today there's an estimated 11 million undocumented people.

Quote:
At this point I will assume you're confused as to what you're actually talking about.
You are free to assume that.

I have read most of the relevant laws concerning immigration, plus many federal court and BIA precedents because I am about to file adjustment of status by myself. I don't completely trust immigration lawyers, and the ones I do are typically way too expensive.
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