Yesterday, in a symbolic vote, the Republican controlled U.S. House of Representative voted 219-197 in opposition of President Obama Immigration Order that eased deportation rules for millions of undocumented immigrants. The vote has no legal affect on President Obama Immigration Order and only serves the purpose of allowing Republicans to vent their frustration against President Obama executive order. The Senate already refused to consider the bill and Obama threaten veto. So, this vote of opposition will go nowhere.
Funding for the U.S. Government ends on December 11, 2014 and the vote of disapproval of Obama Immigration Order signals that Republicans may want to attach immigration language to a government spending measure. This would mean a standoff between Republicans and Democrats and a possible government shutdown.
Republicans fail to understand that funding for U.S. Department of Homeland Security, Citizenship and Immigration Services is 100% based on filing fees submitted by applicants and DOES NOT rely on monies from the U.S. government. So, the part of Obama Immigration Order that provide for deportation protection for parents and children for 3 years will have NO impact from language in the spending bill restricting funding to Obama Immigration Order. However, the part of President Obama Immigration Order that affects Immigration Custom and Enforcement, the agency that oversee detention and deportation/removal may be impacted by spending restrictions. In particular, the following aspects of Obama Immigration Order may be impacted by lack of funding in the spending bill: the streamlining the immigration court process, shifting resources at the border, implementing a new Priority Enforcement Program (and eliminating Secure Communities) and focus on deporting/removing criminals not families.
Next week, the battle against government shutdown will take center stage. In January 2015, when Republicans take control of the Senate and retain control of the House of Representative, the Republicans will have a larger voice and stage to voice their frustration against Obama Immigration Order. However, at the end of the day, President Obama retains veto power and has the last say to sign to approve or reject any bills by Republicans to repeal Obama Immigration Order.
Questions & Answers:
Question #1: If I apply for deportation protection under Obama Immigration Executive Order and I am denied, can I face deportation/removal from the U.S.?
Answer #1: Yes. If you have no legal status in the U.S. and you are denied deferred action under Obama Immigration Executive Order, then Immigration and Custom Enforcement can take action against you. However, under Obama Immigration Executive Order, deportation priorities are only against criminal aliens who have committed a felony or significant misdemeanor, individuals with removal orders issued on or after 1/1/2014 and terrorist.
Question #2: Can I now visit the U.S. with a tourist visa or enter illegally and then apply for deportation protection under Obama Immigration Executive Order?
Answer #2: No. The deportation protection and deferred action for parents and children are for individuals in the U.S. since January 1, 2010 and physically present in the United States on November 20, 2014. So, anyone who enters the U.S. after November 20, 2014 will not be eligible for deportation protection or deferred action under Obama Immigration Executive Order.
For more information on executive order action by Obama, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
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