The U.S. Citizenship and Immigration Service (“U.S. C.I.S.”) has issued a detailed page on its website with Frequently Asked Questions (FAQ). The answer to the question: “Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?” indicates that the information will not be used for enforcement purposes unless the individual meets the “criteria” for being placed in removal proceedings. Interestingly, the answer to this question contains the following disclaimer at the end:
This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.
Another FAQ asks, “If USCIS does not exercise deferred action in my case, will I be placed in removal proceedings?” The answer to this FAQ is “If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.” However, this FAQ does not have a disclaimer. I consider the lack of a disclaimer for this question to be extremely misleading. Both FAQs should have the same disclaimer or the disclaimer should appear at the beginning and clearly indicate that it applies to the entire program.
The Obama Administration has an ethical and moral obligation to make the public aware that his policy can not only be rescinded if he is not re-elected, but that the individuals who apply under this program could be placed in removal proceedings, if Mitt Romney were to be elected and decided that DREAMers should be deported. Mr. Romney’s website is critical of President Obama for “selective” enforcement of the immigration laws and indicates that: (1) he will discourage illegal immigration; (2) enforce the law; and (3) oppose amnesty for illegal immigration. Unless Mr. Romney indicates that he will not deport DREAMers, no one should apply for deferred action under the President’s policy until after the election. What’s the harm in waiting until November?
DREAMers should not be pawns in President Obama’s political game of chess in getting re-elected. He is putting people who are vulnerable and desperate at risk.