All over the internet, there seems to be a buzz about President Obama’s policy to grant deferred action for non-citizens who would benefit from the DREAM Act.  Everyone seems to be excited about the idea that individuals who are undocumented will have the opportunity to work legally and not fear deportation.  Everyone seems to be praising President Obama for his policy.  I do not share their enthusiasm.

President Obama has merely issued a policy.  This is NOT a law.  Once the Obama Presidency is over, the next president is free to discontinue the policy.  What President Obama has done is not a wonderful thing.  It is an election year stunt that is taking advantage of people who are desperate.  During the Republican Primaries, Mitt Romney repeatedly stated that he opposed the DREAM Act, so it should be no surprise that Mr. Romney has come out and stated that he will not continue the policy, if he is elected.

A lot of people may be thinking that if they get their paper work in right away, it will be approved and they’ll have deferred action for 2 years.  When President Obama announced his policy in June, he indicated that it would take the Citizenship and Immigration Service (CIS) until August 15th to come up with a procedure for applying.  There is a rumor that there will be a filing fee.  I suspect that due to the volume of requests that will be received, as well as the bureaucracy that will be created to process the requests, it will take months for the requests to be processed.   It’s very likely to take months for these applications to be processed.  If CIS actually begins accepting applications on August 15th, it’s not likely that it will be approved before the election.  If Obama loses and your application is not processed before Romney takes office, they you will have wasted your money on the application.  If you file before the election and Romney wins, not only is it likely that you will not receive deferred action, but you run the risk of bringing yourself to the attention of the Immigration and Customs Enforcement (ICE) for deportation.  The election is a little over three months away.  What’s the harm in waiting to file your deferred action request?

President Obama’s new policy to spare from deportation certain undocumented non-citizens that came to the United States when they were young is not a permanent solution.  He is only offering them something called deferred action.  Deferred action is an act of prosecutorial discretion.  It is not a formal immigration benefit like adjustment of status or naturalization.  It is simply a decision that the Government will not deport someone.  Because it is not a formal immigration benefit, it can be taken away at any time.

The election in November could have a tremendous impact upon these individuals.  This is because Mitt Romney does not appear to support President Obama’s policy.  In discussing whether or not he would continue President Obama’s policy, if elected, Mr. Romney has been quoted as saying, “I will put in place my own long-term solution that will replace and supersede the president’s temporary measure.”  However, he has not stated any details about what this long-term solution would be.

Mr. Romney’s campaign website has a page on immigration.  His website indicates that he will take a “strong stand against illegal immigration.”  It further explains that he will “secure the border,” “turn off the magnets” that attract undocumented alients, “enforce the law,” and “oppose amnesty.”  Based upon Mr. Romney’s website, it would appear that if he is elected president, anyone who applies for deferred action under President Obama’s plan will face deportation.  While Mr. Romney has yet to actually state this, it’s hard to read what his campaign website says about immigration and not believe that he will not only discontinue President Obama’s policy, but seek to deport the people who have applied for deferred action pursuant to his policy.  I still stand by my view that anyone not already in removal proceedings or facing deportation should wait until after the election to apply for deferred action under President Obama’s new policy.