Work Permits Yes, Federal Benefits No, in New White House Immigration Policy

White House (Source: Flickr/Seansie)

Effective immediately, the Obama administration is opening a process for eligible undocumented residents to apply for work permits and put off threats of deportation for two years.

Secretary of Homeland Security Janet Napolitano told reporters the decision, which she said falls within the scope of powers given to the White House, is to help individuals who came to this country through “no fault of their own.”

Senior administration officials said the new enforcement policy would affect roughly 800,000 people, though they cautioned that is a rough estimate since the onus is on individuals to come forward and make the case they are qualified for the “deferred action.”

Despite the new protections, the new set of rules does not grant federal benefits to eligible individuals, which include federal education loans and grants that help pay for college.

The new rules, which partly resemble the failed DREAM Act legislation that has come before Congress several times in the past few years, apply to individuals above the age of 16 but below 30. To be eligible, they would also have had to been present in the U.S. for five consecutive years, currently live in the U.S., lack a felony or multiple small misdemeanors, and do not “otherwise pose a threat to national security or public safety,” according to a DHS memo. Eligible persons would also have to have earned a high school degree or an equivalent certificate, or served in the coast guard or U.S. military.

Napolitano stressed this new set of rules are not immunity or amnesty, and she called on Congress to pass the DREAM Act.

Already, the details coming out from the administration suggest the process for individuals to secure “deferred action” will require a lot of legwork. For example, simply applying for the status does not guarantee a work permit, and all applications for the right to work will be assessed “case by case”—as senior administration officials put it—by the U.S. Citizenship and Immigration Services (USCIS). After two years, individuals would have to reapply.

Also check out Katherine Unmuth's post on Latino Ed Beat about how this announcement falls on a key anniversary.