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Immigration Daily June 20, 2012
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Comment: DREAM - Yesterday, Today and Tomorrow

In the Editorial Comment, we examine the genesis of DREAM relief, draw your attention to a new article on DREAM deferred action today by Gary Endelman and Cyrus Mehta, and point out a possible fatal problem in obtaining DREAM relief.

Genesis: Victory has many parents, while defeat is an orphan. True to this aphorism, several individuals and groups have claimed credit as instigators of the announcement of immigration relief to DREAMers by the President last Friday. In the interests of historical accuracy, we state below the two causes of the President's announcement - one of occurrence and one of substance. The announcement occurred purely as a political reaction by the President's political staff to the impending bill by Senator Rubio, Republican of Florida, which would have granted substantially the same relief, albeit through a legislative vehicle which was destined never to pass the Republican-controlled House. Such a bill would have had, by Republican calculation, a dual benefit - it would have ensured no actual benefits were delivered, since the bill would never clear the House, thus keeping intact the Republican coalition encompassing both pro-immigration and anti-immigrant elements, while still ensuring full credit to the Republican party for a novel solution on immigration matters, to the detriment of the Democratic party claim of a pro-immigrant agenda. The President's announcement completely check-mated the Republican plan, and has confounded Mr. Romney, putative Republican candidate for President, to such an extent that he continues to duck repeated questions on the merits of the President's plan for DREAMers. Now, as to the substance of the announcement. We are proud to say that the intellectual origins of deferred action as the specific legal vehicle for immigration relief, including for DREAMers, were several articles by Gary Endelman and Cyrus Mehta on the subject over the last several years, some of which are linked to in their latest article, written today, which appears below. However, the real intellectual pedigree is even older, starting with Dinesh Shenoy in his article as early as 2005 wherein he argued for a slight amendment in the INA to deal with the ever-increasing quota backlogs for Indian and Chinese employment-based adjustees. It was Gary Endelman who ran with the ball that Mr. Shenoy set in motion and first floated the original idea of using executive authority for obtaining results otherwise sought through CIR-type legislative vehicles, and it was in several articles with Cyrus Mehta that this idea was fleshed out. We have reason to believe that Mr. Endelman's and Mr. Mehta's articles were brought to the attention of two key people in the Obama administration, one at DHS, and one at the White House. These two people had key roles in producing various alternatives for the President's consideration should he make the political decision to move forward on immigration (and some of which ended up in the leaked Mayorkas memo of a couple of years ago), one of the alternatives was, of course, deferred action, which the President ultimately acted on.

New article: In their article today, Mr. Endelman and Mr. Mehta continue their ground-breaking intellectual tradition in arguing that Arrabelly and Yerrabelly type analysis be used for beneficiaries of deferred action, and for parole in place on a nunc pro tunc or retroactive basis under INA 212(d)(5) for the same beneficiaries. They further write "We want to emphasize there is nothing in the INA that prevents the immediate adoption of our recommendations just as there was nothing in the INA that prevented last Friday's memorandum" no doubt to forestall their many detractors, including the President himself, who a year ago argued that he did not have the authority which he exercised last week.

Potential Fatal Problem for Deferred Action: Be the historical record as it may, lets look forward. What would it take for DHS to deliver on the President's promises, and to go beyond the empty words that the heads of ICE, USCIS and CBP offered in a stakeholder engagement on Monday this week? The obvious elephant in the room is that it is a tall administrative duty to process nearly a million benefit applications in a few months. Many people have proposed innovative solutions, including in today's article by Mr. Endelman and Mr. Mehta, where they write: "In the absence of congressional action, the agency lacks the capacity to charge special fees for this purpose. Consequently, all relevant federal agencies, including ICE and CBP, must willingly but swiftly reassign existing personnel now devoted to less urgent tasks so that the President's initiative of last Friday does not become a dead letter." We urge our readers to use such persuasive abilities and connections that they may possess to put forth this and other creative ideas to the agencies involved so that DREAMers can realize in their own lives the dream that the President has made vivid to all Americans through his Rose Garden address.

Article: Deferred Action: The Next Generation by Gary Endelman and Cyrus D. Mehta

Article: Keeping The DREAM Alive by Rita Sostrin

Bloggings: Just As Growing Old Is Not Without Its Problems, Obama's Immigration Policies Are Far From Ideal. But Both Are Still Better Than The Alternatives by Roger Algase

Bloggings: DREAMers And I-9 Compliance by Bruce Buchanan

Bloggings: AILA ALERT: DREAMers NOT Currently In Deportation Proceedings Should NOT Apply Affirmatively For Deferred Action by Matthew Kolken

Bloggings: EB-2 Retrogression FAQ by Chris Musillo

Bloggings: Board Of Immigration Appeals Gearing Up For Same Sex Marriage Green Card Approvals by Greg Siskind

News: ICE Releases Memo On Deferred Action

News: DOL Issues Advance Copy Of Address Change Notice

Focus: VIP Network
Are you looking for a skilled immigration attorney in your area with experience handling your type of case? Look no further than our VIP (Verified Immigration Practitioner) Network: On that page, you can find an attorney near you and you will know you are getting someone with the skills and experience necessary to guide you through the immigration process. ILW.COM has verified that each attorney listed has a valid license to practice law, no recent history of public discipline, and experience handling a high volume of immigration cases within the past three years. If you need to find a great immigration attorney in your area, our VIP network is the place to look! Attorneys, if you want to be become a VIP, please email us at or follow the steps to sign up at We will then email you a certification form that you can fill out and return to us. After your information has been verified, your listing will be made live on the site. If we conclude you do not fit the verification criteria for one reason or another, we will be unable to include your listing, but we will refund any payment previously made.

Headline: Romney campaign cuts short press call after immigration questions
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Headline: Obama's Immigration Misstep
Headline: Sociologists Available to Discuss Obama's New Policy for Undocumented Young People
Headline: How Asians displaced Hispanics as biggest group of new US immigrants
Headline: Arizona immigration law could prompt lawsuits from both sides
Headline: Marco Rubio's 'DREAM' dead for now - Manu Raju
Headline: Insight: Immigration ruling won't be end of the road
Headline: No matter how SCOTUS rules on tough Arizona immigration law, both sides readying for next battle
Headline: Jan Brewer Issues Executive Order Ahead of SB1070 Decision
Headline: Immigration reprieve means thousands of new workers in California - San Jose Mercury News
Headline: Russell Pearce, Ousted Arizona Immigration Law Architect, Denied Fundraiser At Mexican Restaurants
Headline: OPINION: Let's keep best, brightest in U.S.
Headline: Obama Immigration Policy Favored 2-to-1 By Likely Voters

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Letters of the Week: Agnes Gimenez, Joe Whalen, Debby Cincotti de Covarrubia, Jose E. Latour, Nera Shefer, T V Krishnamurthy, R. Yang, Greg, Jim, David Ware

ComingsNGoings: Immigration Reading
Criminal Aliens in the U.S.: Statistics and Immigration Enforcement - Dillon J. Sargent- Nova Science Pub. Inc., - Hardcover, ISBN: 1619426323, $95.00 -

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Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong