Gov. Jan Brewer signs executive order denying benefits to undocumented immigrants who received deferred action

Posted on September 14, 2012. Filed under: Immigration | Tags: , , , , , , |

Though most American states have accepted the deferred action process, that will temporarily shelve the deportation of eligible undocumented immigrants, Governor of Arizona, Gov. Jan Brewer defies the deferred action process. She has signed an executive order, that Arizona will not grant state benefits to the individuals who receive deferred action. According to that executive order, even if Form I-821D filed by an undocumented immigrant is accepted by the USCIS and if the individual is granted deferred action, that person will be barred from obtaining state benefits. This executive order was signed after the President Obama Administration implemented the deferred action process on August 15th, 2012.

The order signed by Gov. Brewer, will bar the deferred action recipients from getting state issued ID’s and driver’s licenses. There are around 1.7 million undocumented immigrants in the United States who are likely to become eligible to receive deferred action. People who receive deferred action will also become eligible to obtain federal work permits, Social Security cards and driver’s licenses. Though this process will allow the recipients to remain in the United States for only a certain period of time, many undocumented immigrants will be benefited through this process. Undocumented immigrants in the United States will not be ousted from the country for two years and their work permits will also be valid for the two-year period. This process can be renewed by the end of the two-year period.

There are around 80, 000 individuals in Arizona, who may be entitled to receive deferred action. In order to file Form I-821D, to request deferred action/Acción diferida, an individual must be between 15 and 31 years of age. And there are certain other requirements that must be satisfied to receive deferred action. Brewer states that the undocumented immigrants are not granted legal status in the United States if they receive deferred action and so the recipients of deferred action must not be entitled to public benefits. It is Arizona that had passed an immigration law that will throw out undocumented immigrants from the state and that law has not been implemented yet. Gov. Brewer has now signed an executive order denying public benefits to eligible undocumented immigrants who receive deferred action, stating that the public benefits are granted by making use of the funds that are collected as tax.

Though such an order has been signed, eligible undocumented immigrants are in the process of filing Form I-821D, to request deferred action. Along with that they are filing Form I-765 to request employment authorization. The order that was signed by Gov. Brewer conflicts with the federal law that states that the undocumented immigrants who receive deferred action will be considered to be present in the United States lawfully, provided that they will not be granted legal status. According to the federal law related to deferred action, individuals who file Form I-821D and receive deferred action will still be eligible to file applications for Arizona state identification. However, the executive order denying state benefits to the individuals who receive deferred action, signed by Gov. Brewer, has quashed the happiness of the Dreamers in Arizona, who are eligible and likely to receive deferred action.


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