Statement on the New DHS Deferred Action Plan

There’s no way that this news would have come about had it not been for the hard-work of undocumented youth organizers across the country. Whether it was the phone calls you made, the letters you wrote, the petitions you signed, the media interviews you gave, the offices your occupied and emptied, or the many ways in which, you came out and put your lives on the line, today is a victory for you besides being a victory for the President. Please give yourselves a pat on the back, even as you continue holding the President, Congress, and DHS accountable.

Personally, I’m not sure how it impacts my case. I already have work authorization. With the new memo,  I would have the option to terminate removal proceedings, which I supposedly also had under the Morton Memo. However, the consequence of doing that may mean foregoing eligibility for a green-card based on cancellation of removal in immigration court or adjustment of status due to CSPA under the Ninth Circuit. I’m not sure if we’ll apply for deferred action for me, and if that means foregoing eligibility for the other forms of relief. I’d have to talk to my lawyer.

However, I am thrilled that my friends may be able to apply for it affirmatively or in proceedings, hopefully in 60 days. This is certainly bittersweet and my thoughts go out to everyone who has aged out, everyone deported and everyone, especially our friends Tam and Cintia, who are no longer with us, and everyone still languishing in detention.

At the same time, I want everyone to exercise caution. This is not an executive order. This is a further exercise of discretion, dressed up as an executive order. No one should be turning themselves over to ICE. We’ve to wait and see how this is implemented. Please talk to your lawyer or consult an AILA attorney if you have questions. For more information, look to my last post.

I’ve been slammed with phone calls and emails since morning so I hope that answers your questions.