This is in reference to the current status of Alabama immigration law. I just found out my friend my highschool is an undocumented immigrant. If a Law enforcement officer (LEO) stops us for a traffic violation with my undocumented friend as a passenger. Does the officer have the right to:
1) ask my undocumented friend for his Id
2) run his Id for his current legal status
2 Answers from Attorneys
Hello - please call me at (212) 968-8600. Kind regards, RDM
Rather than worrying about this, there might be a way to get your friend status. Perhaps through DACA.
Dream Act - Deferred Action
As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals:
1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2.
There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion. 3. If your DREAM Act Deferred Action is denied, there is always the risk that you will be placed into Removal Proceedings. However, the option for you to submit the Request for Prosecutorial Discretion is also open.
Brian D. Lerner
Attorney at Law
Certified Specialist in Immigration and Nationality Law www.californiaimmigration.us
Offices in Los Angeles, Long Beach and the Philippines
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