BREAKING: 22 US Senators Urge Obama To Grant Deferred Action to Qualified DREAMers - Page 2

Just to clarify,everyone here knows what "Deferred Action" is,right ? Deferred action would be a temporary benefit yes[possible EAD],but it also comes with a NTA[removal proceedings w/ date]whenever served by DHS.

The problem with this idea is if you submit yourself to such you basically will be confirmed in the system permanently.No one can say if the President will actually win OR if they will elect an Immigration hardliner in the future.It will also depend on the next President if this possible executive order in question should continue.I think anyone should only be for this if permanent residency can be applied for INSIDE the US through the numerous INA waivers regardless of whether someone came in with a visa or without inspection or if they planned on leaving irregardless of what the US does.

Well, the purpose of Deferred Action is to protect you from removal from the coutry; and obviously this means that you are in the system, and that you have been ordered deported. The request for Deferred Action from individuals and organizations is precisely for that purpose: To prevent your removal from the United States. And Deffered Action has been in the books as part of immigration prosecutorial discretion for decades. I cannot believe the amount of attorneys that apparently were ignorant of this. They sure have done a big disservice to their clients; Dreamers and long-time undocumented residents as well.

I'm warning mainly about if should it take affect some would rather submit themselves to have the temporary EAD document than be undocumented,not those that are currently within the system pending removal as the Executive order would be temporary.I have noticed at least 2 people mentioned here of applying for asylum purely for the EAD and long case times.

The only true prevention of removal is legal permanent residence.Deferred action is used mainly as a patchwork and must be done in association with DHS.I think good lawyers have the right idea of not submitting their clients potentially to such a thing actually.

Isn't this just like TPS? I don't believe any good lawyer would advise someone who would benefit from TPS against applying for it .

I believe Marie Gonzales was given deffered action, but i recently read somewhere that she is now married to a U.S citizen and should be able to get legal permanent residence.

So if this goes through, are we able to get SSN?

This is great news. I think we will soon have another DA bill.

Ianus, typically how long do they give you? A year, two years before removal proceedings? And what kind of legal status/benefits do we obtain? Would we be able to apply to immigrate to i.e. Canada since we would technically have some sort of status? These kinds of factors would really influence how many DREAMers would sign up for this, though I don't see Obama doing anything like this for us. Honestly, the pros have to outweigh the fact that they would have us all in a database and know where we are.

If you request Deferred Action is because you ARE in the system. It is relief of last recourse; and they already know who you are. It is granted, ususally by the District Director or ICE. They agree to not pursue removal of you as long as they know everything about you; you aren't a risk to the community, and they have to know your whereabouts at all times. So, should you find yourself, unfortunately, at the end of removal proceedings, you or your attorney can request this. Once again, it is relief from removal; not granted by the courts, but by law enforcement.

I agree with Ianus that people are misreading this as a benefit you can apply. No - it is relief for those ordered deported. Relief for those caught in the system. If the government has no idea about you, they are certainly not going to spend resources to keep you off their system.

You're right concerning Ms. Gonzales,but the end result is she still had to gain a Green card ! I believe it was Senator Durbin's intervention that allowed her to gain Deferred action and in her 4th year of having Deferred action DHS says it would have been her last when she finishes college,therefore she didn't really have much choice but to do something ! She also was already in the system subject for deportation thus I think she would be a prime candidate for what the Senators propose,however if you have not brung any attention to yourself,why stir the hornet's nest unless as I mentioned a person plans on leaving or are under removal orders.The most interesting thing however,is that she had enough momentum to not only had Deferred action for so long but to also gain permanent residence considering she was still technically in removal proceedings.I'm guessing someone high-up in either ICE or USCIS helped her out by ordering it approved.

TPS is not really a good comparison and is based on completely different circumstances.The Congress gave the President the power to designate certain nationals or countries to be eligible for the benefit and last I checked Dreamers are from all over the world.TPS also has to be renewed by the President after a certain amount of time depending on the conditions of the country at the time of renewal.
1.They usually give you 1 year of deferring your removal with 'deferred action'.

2.From the time of approval on the 'deferred action' notice you are allowed to stay for 1 year quasi legally.Think PRUCOL or google it.

3.You can apply for an EAD based on economic hardship.

4.Very good question.Technically,that would depend on the country in question on if their embassy would accept it as a legal 'status'.'Deferred action' is not really considered a status by DHS therefore I can't really say.However,I willing to probably bet yes if you have an approved EAD.I believe Canada requires you to showcase the last year of legal residence in the US before gaining the benefit on US soil from the embassy in question.

5.A person under Deferred action also doesn't accrue unlawful presence in the US when it is active.

The problem with this thing is that this is all based on a hypothetical Executive Order that the President would make law.......therefore it is also a hypothetical but extreme possibility that a President Sensenbrenner or Tancredo can overturn such things leaving you with out the relief but your details in the system subject to current enforcement procedures.

@Drt09

Thanks for the further explanation,I also noticed that it said other measures so I guess the devil would be in the details but deferred action is a non-starter if someone is not in the system and nothing but a clever guise imo for submitting yourself for removal.

^ from what I gathered in the letter they want to make a new set of procedures that even if you aren't in the system that you would be able to apply for deferred action. Yes it would mean giving them all your information, but I would do it in heartbeat. I'm sick of living like this. Sick of not being to work, to drive, to use my degrees. Anything would be a relief even if it would only be temporary.