The Obama Administration’s Aug. 18 announcement regarding new processes for deportation has created some confusion in the undocumented community. That confusion has spawned a host of scams seeking to capitalize on the unsuspecting immigrant. The administration announced it has created a working group comprised of individuals from the Department of Homeland Security and the Department of Justice to review the estimated 300,000 pending deportation cases. If the group deems a case "low priority" based on criteria to be established by the agencies, the case will be administratively closed. Low priority cases may include circumstances involving minors and cases where the person has no criminal history or other charges beyond entering the country without proper documentation. Once a person’s case is administratively closed, the individual may be able to apply for a work authorization, though there is no guarantee the authorization will be issued. The application fee is $380 and the authorization is typically valid for a year. If an authorization is issued, it does not grant legal status but would satisfy e-verify requirements. In addition, the working group is developing guidance documents for Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, and Customs and Border Protection officers to help them make consistent, more effective decisions about which undocumented immigrants to refer to deportation proceedings. Some critics have derided the announcement as granting "amnesty." However, amnesty typically means a full pardon for a past offense. In the cases being reviewed by Homeland Security and the Department of Justice, nothing is forgiven. Rather, the case is closed but may be reopened if the government decides it needs to look into the matter again. Meanwhile, unscrupulous individuals are making the most of the confusion by promising legal status or work permits to undocumented immigrants who pay hundreds or thousands of dollars for "filing fees." Some claim they can help the immigrant "turn themselves in" to receive a permit. Others offer to file applications for the work authorizations. Whatever the claim, it is an empty, but potentially costly, promise. No one can promise legal status or work permits. No one can guarantee a deportation case will be administratively closed. Undocumented immigrants should not pay anyone who makes such promises. Reviewing the pending cases will take months and there is no method for turning oneself in to somehow get into the line of cases that will eventually be reviewed. Undocumented immigrants seeking legal status, a work authorization, or with any other immigration related questions should consult an experienced immigration attorney. Contact the Utah State Bar Association (www.utahbar.org) or the American Immigration Lawyers Association (www.aila.org) for referrals. Jean Hill is the Diocese of Salt Lake City government liaison.
Stay Connected With Us