Illegal Aliens & Immigration Violators
DAPA Immigration Attorney
Serving Portland to Medford to the Oregon Coast
DAPA (Apprehension, Detention & Removal of Undocumented Immigrants)
As many of you have heard, on November 20, 2014, President Obama announced a new policy for enforcing the removal and apprehension of undocumented residents. People who have entered the United States without inspection (EWI). The new policy extends the class of people who can qualify for deferred action.
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The new policy is similar to Deferred Action Childhood Arrivals or DACA.
Generally speaking, to qualify for Deferred Action Parents (DAP) a person needs to show to the approval of the United States Government all of the following:
- As of November 20, 2014, the applicant has a son or daughter who is a United States Citizen or a lawful permanent resident;
- The applicant has resided continuously in the United States since before January 1, 2010;
- The applicant was physically present in the United States on November 20, 2014 and at the time the applicant makes a DAP request;
- The applicant has no lawful status as of November 20, 2014;
- The applicant is not an enforcement priority as outlined in the November 20, 2014, “Policies for the Apprehension, Detention & Removal of Undocumented Immigrants Memorandum.” (see copy below Section A pages 3 to 4)
- The applicant presents no other factors, that in the exercise of discretion, makes the grant of deferred action inappropriate.
A. Civil Immigration Enforcement Priorities
The following shall constitute the Department’s civil immigration enforcement priorities:
Priority 1 (threats to national security, border security, and public safety)
Aliens described in this priority represent the highest priority to which enforcement resources should be directed:
- (a) aliens engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security;
- (b) aliens apprehended at the border or ports of entry while attempting to unlawfully enter the United States;
- (c) aliens convicted of an offense for which an element was active participation in a criminal street gang, as defined in 18 U.S.C. § 52 l(a), or
aliens not younger than 16 years of age who intentionally participated in
an organized criminal gang to further the illegal activity of the gang;
- (d) aliens convicted of an offense classified as a felony in the convicting jurisdiction, other than a state or local offense for which an essential element was the alien’s immigration status; and
- (e) aliens convicted of an “aggravated felony,” as that term is defined in section 101(a)(43) of the Immigration and Nationality Act at the time of the conviction.
The removal of these aliens must be prioritized unless they qualify for asylum or another form of relief under our laws, or unless, in the judgment of an ICE Field Office Director, CBP Sector Chief or CBP Director of Field Operations, there are compelling and exceptional factors that clearly indicate the alien is not a threat to national security, border security, or public safety and should not therefore be an enforcement priority.
Priority 2 (misdemeanants and new immigration violators)
Aliens described in this priority , who are also not described in Priority 1, represent the second-highest priority for apprehension and removal. Resources should be dedicated accordingly to the removal of the following:
- (a) aliens convicted of three or more misdemeanor offenses, other than minor traffic offenses or state or local offenses for which an essential element was the alien’s immigration status, provided the offenses arise out of three separate incidents;
- (b) aliens convicted of a “significant misdemeanor,” which for these purposes
is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or if not an offense listed above, one for which the individual was sentenced to time in custody of 90 days or more (the sentence must involve time to be served in custody, and does not include a suspended sentence);
- (c) aliens apprehended anywhere in the United States after unlawfully entering or re-entering the United States and who cannot establish to the satisfaction of an immigration officer that they have been physically present in the United States continuously since January 1, 2014 ; and
- (d) aliens who, in the judgment of an ICE Field Office Director, USCIS District Director, or USCIS Service Center Director, have significantly abused the visa or visa waiver programs.
These aliens should be removed unless they qualify for asylum or another form of relief under our laws or, unless, in the judgment of an ICE Field Office Director, CBP Sector Chief, CBP Director of Field Operations, USCIS District Director, or users Service Center Director, there are factors indicating the alien is not a threat to national security, border security, or public safety, and should not therefore be an enforcement priority.
Priority 3 (other immigration violations)
Priority 3 aliens are those who have been issued a final order of removal on or after January 1, 2014. Aliens described in this priority, who are not also described in Priority 1 or 2, represent the third and lowest priority for apprehension and removal. Resources should be dedicated accordingly to aliens in this priority. Priority 3 aliens should generally be removed unless they qualify for asylum or another form of relief under our laws or, unless, in the judgment of an immigration officer, the alien is not a threat to the integrity of the immigration system or there are factors suggesting the alien should not be an enforcement priority.