For the past few years, immigration has been a particularly divisive issue in Georgia. The state gained national attention for its harsh and controversial Arizona copycat immigration law (HB87) and the University System Board of Regents’ ban on undocumented students. But Georgia has also been a significant site of resistance to these types of regulations, and to the Obama administration’s aggressive deportation initiative. Athens played a notable role in being the home of Freedom University, which began last fall in response to the BOR ban, offering a free university-level class taught by four UGA faculty members.
Immigration was sure to be a hot-button issue in this year’s presidential race, but it has suddenly taken center stage in national news. “It literally came out of nowhere,†said Charles Kuck, a prominent immigration attorney, speaking about the new Department of Homeland Security (DHS) policy on immigration at a panel held on the UGA campus June 21. On June 15, President Obama outlined a policy directive that will give certain undocumented immigrants between the ages of 15 and 30 the opportunity to apply for deferred action status: temporary relief from the possibility of deportation, as well as the opportunity for work authorization. Between 800,000 and 1 million people will be eligible to apply.
To qualify, the individual must have entered the United States before the age of 16; must have been in the country on June 15, 2012; must not be convicted of a felony, a “serious†misdemeanor or 3 or more separate misdemeanor offenses; and must be enrolled in school, have a high school diploma or GED, or have served in the U.S. military. Of course, applicants must be able to prove, through “verifiable documentation,†that they meet these criteria.
More than 50 people attended the Office of International Education’s informational panel about the new directive, and about half of those in attendance were young (presumably undocumented) students and their parents. The OIE sponsored the panel less than one week after the policy’s release. “One of the reasons we tried to [hold this forum] quickly is because there is a lot of misinformation out there,†said Robin Catmur, director of UGA’s International Student, Scholar and Immigration Services within the OIE. Catmur stressed the importance of consulting an attorney before making the decision to apply to the program.
There is not yet an application process in place, Kuck explained, and there are already known instances of fraudulent schemes claiming to file for applicants. Though it went into effect immediately following its announcement, the policy gives United States Citizenship and Immigration Services and Immigration and Customs Enforcement 60 days to implement the application process.
The announcement has been a major issue in the news media for obvious reasons. While some, most notably presumptive Republican presidential nominee Mitt Romney, claim Obama’s announcement was merely a political ploy to gain the Latino vote, others view the policy in a more positive light.
Elizabeth, an undocumented student and a recent graduate of Clarke Central High School who will be enrolled at Syracuse University in the fall, explained that she was “bombarded by an array of emotions†as she watched the president’s address.
“The first thing I felt was relief; it felt as though a mask had been removed from my face and the world was suddenly aware of my existence,†said Elizabeth, who has lived in the U.S. since she was five. However, she said, “after the excitement came a wave of confusion.â€
Many undocumented immigrants had similar reactions. While the policy seems to be a step toward immigration reform, it also creates a new set of uncertainties for undocumented youth.
Though little is known about the application process, it is certain that the federal government will collect information not only about applicants, but also about their families. To a community that lives with the daily threat of deportation, this is a significant risk to take. However, Kuck does not believe that the DHS will use the policy as a way to bring undocumented immigrants out of the woodwork with the intent of deporting them. DHS officials are so busy, he said, “they are looking to cut cases out.â€
The deferred action status obtained through this process is temporary. Every two years, applicants must reapply for the status. Moreover, the directive does not provide legal status or a path to citizenship.
This policy could have a significant impact in Georgia. The state is again in the national spotlight for controversy surrounding HB87 and for the Board of Regents ban. Last Friday on NPR’s “Morning Edition,” two UGA professors talked about what this policy means for undocumented students who want to attend college, particularly students in the three states that ban those without documentation. The policy does not mention access to higher education, and the Board of Regents has not answered any questions about how this policy change will affect its ban.
While the directive has a lot of gray area, there was consensus among the panelists about one certainty: Obama’s announcement opens the door to new discussions on the issue of immigration.
Elizabeth says she is excited to continue the discussion, and to fight for a more just immigration policy. “The most gratifying aspect of the president’s announcement was the notion that a group of students could make the leader of the free world stop and listen,†she said. “This directive may very well have been a political move for this party or that party, but to those affected it signifies much more than that. This directive means time; time for us who are no longer in the shadows to campaign even harder to Congress to pass the DREAM Act; time for us to focus on more comprehensive immigration reform for those people who no longer fit the age bracket of under 30; and time for us to lead this movement because, in the president’s words, ‘it’s the right thing to do.’â€
However, the possibility of the inauguration of a new president next January means that how much time the directive will buy is still in question.
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