It doesn’t take too many people to fill the meeting room of the Immigration Center of Philadelphia. It’s probably a sign of the intense interest in President Obama’s executive action on immigration that that’s exactly what happened Monday night when three immigration lawyers took part in a meeting to answer as many questions as they could about the new policy. About 40 local Irish immigrants sat in rapt interest, posing questions, and occasionally raising fears.
The No. 1 question on most people’s minds, said attorney Shelley Grant is, “do I qualify?”
President Obama’s overall guidelines are clear, but the details are murky. “What they did was give a broad overview until they come out with specifics,” Grant said. “That’s when I’ll be able to sit down with people and see if they qualify.”
Depending on how that question is answered, deportation will—or will not—be deferred for Irish immigrants who remain undocumented. Precisely how many of those there in the United States are isn’t precisely known. The number 50,000 has been batted around, with New York City and Boston likely accounting for the lion’s share, but it isn’t a recent estimate—and many Irish returned home when the nation’s economy took off during the heady Celtic Tiger days, so it could be less.
Some things are clear.
For example, Grant explained, to be eligible, “you can’t be a law enforcement priority.” That category generally includes obvious threats to the nation’s peace and security, such as terrorists, and immigrants who are in street gangs or who take part in organized crime. (According to a White House fact sheet, “recent border crossers” are also considered candidates for immediate deportation.)
If you have a criminal problem, the lawyers suggested, consult an attorney soon.
And while the details remain to be worked out, the president’s overall guidelines also are clear. To be eligible to be allowed to remain in the United States, free from hassle by the Immigration enforcement authorities, adults must have been in the United States at least five years, and have children who are U.S. Citizens or legal residents.
“Start going through everything you are going to need to prove you have been here since before 2010,” said attorney Audrey Allen. That could include such documents as bank statements, phone bills, rent receipts, and pay stubs.
Additionally, start rounding up documentation to prove citizenship of your children, such as birth certificates and school records.
Children who might be eligible for the expansion of the DACA program (Deferred Action for Childhood Arrivals) must prove they arrived in the United States before they turned 16. They too must have been in the U.S. for at least five years, Most important, they need to be in school, have graduated high school, or have completed a GED. Alternately, they need to have completed a tour of military service. Records of high school graduation of a GED are going to be important. If a child who entered the U.S. illegally before the age of 16 hasn’t got a high school diploma, better look into a GED.
One big question on many minds was this: Will I be able to travel back home?
The answer so far seems to be yes, but only under strictly defined circumstances.
“If anybody thinks you can travel, you can’t just travel,” said Grant. Travel will only be permitted for specific approved reasons, such as education, work, or humanitarian circumstances, such as a family funeral, added attorney Tom Griffin. Those who qualify will be provided documentation which they must present upon their return to be readmitted into the United States. “It’s not a vacation,” Griffin said. “”It’s like permission to come back.”
One other worrying concern: Will I place myself in jeopardy in the long term if I identify myself to the authorities in order to qualify for this program? After all, under the terms of this executive action, deportation is only deferred for three years at a time. And if the next president nullifies the action, it’ll wind up being less. And in the meantime … the authorities know who you are, and where to find you.
Attorney and Irish immigrant Tom Ivory admitted it’s a risk to apply, but what he called “a reasonable risk.”
Why? Because, in likelihood, if you are a hard-working, law-abiding immigrant—albeit undocumented—the government has bigger fish to fry.
“They have your name and address,” Grant explained. “But based on past experience, you’re not a priority. They’re after criminals.” However, she added, that does not mean there is no risk.
It’s also important to remember that this program is not a path to citizenship, but there’s always hope. “The next step is usually to have something more expansive,” said Allen. “The hope is that this will spur some real political action.”
The Irish Immigration Center will continue to host informational gatherings as the president’s wishes are translated into action.
Keep tabs on the center’s website: http://www.icphila.org
Also follow the center on Facebook: https://www.facebook.com/icphila
