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.