Quote:
Originally Posted by jamesp
AFAIK 1996 was first brought up by Former USCIS counsel Roxana Bacon. Why 1996? I have no idea. But it's good to look at the history of this provision.
1) First registry date after enactment in 1929: June 3, 1921
2) 1940 update of the registry date set the new date to: July 1, 1924
3) Third update took place in 1958. The new date was set to: June 28, 1940
4) 1965 update of the registry date set the date to: June 30, 1948.
5) 1986 CIR updated the registry date to : January 1, 1972
No additional update has happened since 1986. Although there is no specific pattern in the interval, it is safe to say that a new update is long overdue.
I agree with several other posters that if Obama updates the registry date by EO, the new date should be in 2000s to cover the maximum number of dreamers and other undocumented immigrants. Still it's curious that Roxana Bacon and a few others picked 1996. I would be interested to know why they were fixated on 1996!
source: http://www.uscis.gov/ilink/docView/A...-0-0-9882.html
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Ianus explained why 1996 is the year we've continued to see in this previous post.
Quote:
Originally Posted by Ianus
It is been thrown around as an idea because should it be challenged in the Supreme Court the one main argument would be that it would interfere with the IRRIRA act which was passed by Congress and signed by President Clinton and became effective in 1996.If the President made it a later year for Registry there is no doubt the EO would be struck down by the Supreme Court.
You can find the original DHS draft document I posted here of the Administrative Options.It basically explains what the President IS capable of and certainly Registry is very much within the President's power.I simply agree with the 1996 Registry option because Permanent Residency is the only cure from removal even though it may not be perfect for all.Those that do not qualify will still be subject to current law unfortunately.
I also think waiving the immigration bars is not feasible because that was implemented by the stricter implementation by IRRIRA.The President would be asking for a lot of trouble with Congress and the Supreme Court if the Immigration bars were waived and all those removed were now eligible to return to the US,imo.
Anyway,Certainly anything that seems to be implemented appears to be cautiously done so on a more permanent basis by the President.
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