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[i] (November 24, 2014)

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Legal Sidebar


The Obama Administration's Announced

Immigration Initiative: A Primer




On November 20, President Obama announced the commencement of a multi-pronged immigration
initiative that could, among other things, enable a substantial portion of the unlawfully present alien
population to obtain temporary relief from removal and work authorization. The new initiative also involves
other actions, including narrowing the scope of aliens prioritized by federal immigration authorities for
removal; using parole authority to allow certain aliens to enter or remain in the United States; and
modifying rules relating to visa eligibility (or processing). This Sidebar provides a brief overview of the
major components of the announced initiative. A CRS Report providing more extensive analysis is in
preparation.
Expanding Scope of Aliens Eligible for Grants of Relief under the Deferred Action for Childhood
Arrivals (DACA) Initiative: In 2012, the exe   rnh lu nch  he DACA iniiative, enabling many
unlawfully present aliens who came to the United States as children to be granted derratim (a type
of relief from removal which does not confer immigration status) and work authorization. On November 20,
the Department of Homeland Security (DHS) announced modifications t these eligibility requirements.
Under the expanded version of DACA, qualified applicants must have entered the United States before the
age of 16, on or before January 1, 2010. Previously, to be eligible for DACA relief, an alien must have
entered the country before the age of 16, and also have been born after June 20, 1981, and have been
present in the country since June 15, 2007 (i.e., five years before the 2012 version of DACA was initially
announced). Under the revised DACA initiative, first-time DACA applicants and those seeking renewal may
be granted deferred action and work authorization for a three-year period, rather than a two-year period as
had previously been the case. These modifications to the duration of DACA relief apply to all new DACA
applications, as well as applications for renewal of DACA relief, bginning November 24. 2014. DHS intends
to begin accepting applications under the new DACA criteria within 90 days of the announcement of this
initiative.
Establishment of a DACA-like Initiative for Unlawfully Present Alien Parents of U.S. Citizens
and Lawful Permanent Residents (LPRs): The Administration has also announced the creation of a
new. DACA-Iike initiative for unlawfully present aliens who are parents of LL. c(i tizens or LPRs(oeis
                                  L   -                              5__ - -e~s(sometimes
referred to as legal immigrants) and continuously resided in the United States since before January 1, 2010.
To obtain relief under this initiative, the applicant must not fall under any of DHS's enforcement
prioritization categories (e.g., has not been convicted of a serious crime), and present no other factors
that, in the exercise of discretion, makes the grant of deferred action inappropriate. Applicants must also
pay a processing fee for a background check and work authorization. DHS intends to begin accepting
applications no later than 180 days after the announcement of this initiative.
Modifying Immigration Enforcement Priorities: DHS has also issued a new guidance identifin
categories of aliens whom DHS immigration officers should prioritize for apprehension and removal from the
United States on account of immigration violations. The new Department-wide guidance identifies a
narrower scope of aliens as removal priorities than some earlier priritizationguidelines issued by DHS
components. Aliens who are deemed a public safety threat or who have engaged in serious criminal activity
remain top removal priorities. However, aliens without legal immigration status who have been in the United
States since 2013, and who have not engaged in specified criminal activity or violated a prior order of
removal, are unlikely to be considered a removal priority.
Replacing Secure Communities with the Priority Enforcement Program (PEP): The SeLure

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