Hope it helps and have a happy Thanksgiving!
I was recently asked this question by a reporter from “Biz941”. Employers should definitely be aware of Deferred Action. It creates a path for those who previously could not work legally to join the labor force.
To review, Deferred Action for Childhood Arrivals is a new government policy announced by President Obama on June 15th, 2012 and enacted on August 15th, 2012. In essence the President announced that Immigration and Customs Enforcement (ICE) will no longer pursue children of illegal immigrants who arrived in the US while minors as priority targets for deportation if they are granted Deferred Action. The executive order also created a path for people who meet the Deferred Action requirements to apply for an Employment Authorization Document (EAD) and a Social Security Number.
This is important because it means that immigrants who previously could not work due to their legal status can now do so legally. This has the potential to widen the labor pool. But there still exists the potential for fraud. Some workers who are not legally employable may present a false Social Security number when applying for a job. It is illegal to hire anyone who does not have a valid Social Security number. Employers should be aware of this and understand that a person who has been granted Deferred Action will also have a valid Social Security number and is legally employable.
One way to test whether an individual is legally employable is by using E-Verify, the web-based government program that allows employers to verify the legal status of their prospective workers, in most cases immediately. The idea is that E-Verify will make it easier for employers to obey the law and hire legal workers.
But, there is a small error rate. Sometimes the information entered into E-Verify does not find a match in either the Department of Homeland Security’s or the Social Security Administration’s databases. That is why it is important for employers who use E-Verify to make sure they enter their prospective employees’ information correctly and that they notify their prospective employees immediately if E-Verify returns what’s called a Tentative Non-Confirmation (TNC). Understand that it is possible that an individual recently granted Deferred Action and a valid EAD and SSN will still produce a Tentative Non-Confirmation with the E-Verify system.
At this point E-Verify is voluntary for most Florida businesses. Florida state agencies and contractors are required to use the program.
USCIS continues issuing Deferred Action for Childhood Arrivals approvals. The turn-around time is about 2 months on average. When we applied for Deferred Action we also applied for an Employment Authorization Document (EAD). Being granted Deferred Action means that the EAD will be issued soon. Once the EAD is issued, the recipients can take their documents to the local Social Security office and apply for a number. Social Security numbers take about 7 to 10 days to be issued. The closest office is at 2001 Siesta Dr., Suite 301, Sarasota, FL 34239. The phone number is 1-800-772-1213. They are open Monday-Friday 8:30am to 3pm.
Good luck to all those who applied for Deferred Action.
Lou Robbio was born to an Italian father and a Polish mother in Providence, RI. After graduating from high school he spent some time in the Navy before going to Suffolk Law School in Boston. At first he planned on applying to the FBI but, in his first year of law school, decided to become a defense attorney. He worked for many years in Providence’s Federal court as a criminal defense attorney, and he argued some very high-profile cases.
His transition to Florida began rather dramatically when he had a heart attack several years ago on the courtroom floor in Providence. To him, it was a sign to retire. He moved to Florida where he remained active in criminal defense cases as a consultant.
Immigration Law: Removal Proceedings
Recently, Mr. Robbio has become more involved in immigration cases. He’s passionate about helping the under-served, especially those who arrived in the United States without inspection while they were still children. When people in this situation are served with a Notice to Appear for removal proceedings, Mr. Robbio will take on their case. The case resembles a normal court case; part of the reason Mr. Robbio enjoys the work. It starts with a Masters Calendar where Mr. Robbio enters the accused’s plea and relief claim and continues with a series of hearings, much like in a trial. Mr. Robbio’s criminal defense experience lends itself to removal proceedings cases.
Every defendant in a removal proceedings case is entitled to an interpreter and Mr. Robbio often has an interpreter with him when meeting with clients in order to ensure full comprehension on both sides. He serves clients from Miami to Orlando and can be reached via telephone: (941) 429-2194.
Mr. Robbio believes that every person in this country, regardless of how they arrived here, is entitled to the rights we have enshrined in our Constitution. He is devoted to defending those rights. He would be a good person to have on your side.
Organización pro-inmigración, UnidosNow, ofrece nuevo foro informativo sobre la Acción Diferida y la manera de solicitar. Va a ocurrir el 8 de septiembre, 2012 y habrá dos sesiones, a la 1 y las 4. La dirección del encuentro es 8350 N. Tamiami Trail, Sarasota, 34243.
Abogados de defensa criminal e inmigración, empleados de USF y representantes de UnidosNow presentatarán del tema de la Acción Diferida y responderán a preguntas.
El último encuentro así fue un éxito con mas de 300 personas en asistencia! Esperamos que venga tanta gente y más esta vez.
Ha pasado una semana desde que se puso en efecto la nueva política de la acción diferida y queremos compartir algunas de nuestras observaciones despues de ver el proceso en efecto.
Para empezar, estamos impresionados con la cantidad de personas que quieren solicitar la acción diferida. Estos días hemos estado asesorando a solicitantes potenciales, estableciendo si son elegibles o no, y empezando a prepar solicitudes.
Acción Diferida y los números de Seguro Social:
Uno de los asuntos que encontramos es el uso de números multiples de Seguro Social. Dado que el formulario I-765 (solicitud de autorización de empleo) pide todos los numeros de Seguro Social que se ha usado, esto puede presentar problemas.
En este momento no hay ningunos casos de prueba que nos puedan demostrar como va a tratar el USCIS este asunto. No sabemos por completo las implicaciones de usar números multiples o falsos de Seguro Social. Si alguien lo ha hecho, les recomendamos que ejerzan prudencia en el proceso de solicitud. No podemos garantizar aprobación pero sabemos que el USCIS está revisando las solicitudes caso por caso.
We’ve been conducting Deferred Action consultations for a week now. Time to share some of our insights after seeing the process in action.
To begin with, the response has been impressive. We are consulting with potential applicants, establishing eligibility and beginning to prepare applications.
Deferred Action and Social Security Numbers:
One of the issues we came across is the use of multiple or false Social Security numbers. This could be a potential problem as the I-765 (application for employment authorization) asks for all Social Security numbers ever used. At this point there are no test cases to show how this issue will be treated so we do not know what the full implications of using a false Social Security number. We advise anyone who might have used multiple or false Social Security numbers to exercise caution when applying for Deferred Action. As usual we cannot guarantee approval but USCIS is looking at each applicant on a case-by-case basis.
I recently learned from my contact in the Florida Department of Highway Safety that those who are granted Deferred Action and whose work permit has been applied for or approved can apply for a Driver License.
In addition to the having Deferred Action status and having applied for the EAD, applicants for a driver license will need to provide a valid government-issued document, two (2) proofs of residential address and proof of social security number (if one has been issued), along with the deferred action letter from DHS.
For more information please see our earlier article titled, “How Does an Immigrant Get a Driver License?