As migrant program begins, officials on alert for fraud

— -- PHOENIX -- As the federal government launches a new program that will allow many young undocumented immigrants to stay temporarily in the U.S., officials warn that applications will be closely scrutinized for fraud and that anyone caught lying could face criminal charges and swift deportation.

Wednesday is the first day that as many 1.76 million undocumented immigrants who were brought to the U.S. as minors can begin submitting requests for a two-year reprieve from deportation. The policy, introduced by President Barack Obama and known as "deferred action," also will allow them to receive temporary work permits.

Immigration analysts say fraud is a major concern because some undocumented immigrants may be tempted to submit fraudulent documents out of desperation if they don't meet the age and other requirements for the program.

Analysts also point out that a 1986 amnesty law that allowed nearly 3 million illegal immigrants to get green cards was rife with fraud.

Widespread fraud in the deferred-action program could hurt Obama politically leading up to the November election, analysts said. Obama has already come under attack from Republicans who accuse him of bypassing Congress to create a "backdoor amnesty" for illegal immigrants.

Obama has characterized the deferred-action plan as a stopgap after Congress failed to pass the Dream Act, a bill that has languished in Congress for years and would allow undocumented immigrants to earn citizenship by attending college or serving in the military.

Fraud in the deferred-action plan could also undermine the chances of the Dream Act or comprehensive immigration reform, analysts say.

On Tuesday, federal officials released a long-awaited list of 33 types of documents that undocumented immigrants can submit to the U.S. Citizenship and Immigration Services to prove eligibility.

Administration officials say the documents are designed to be "independently verifiable" and will be carefully examined by fraud investigators. Applicants who submit questionable documents will be called in for interviews, the official said, pointing out that US- CIS has a division devoted exclusively to detecting and preventing fraud.

Officials say that anyone who engages in fraud will be referred to Immigration and Customs Enforcement and treated as a priority for immigration enforcement. They will also be subject to criminal prosecution.

Muzaffar Chishti of the Migration Policy Institute said that, because of the politics involved, "it means this program is under a microscope and any evidence of fraud will undermine the program."

Chishti said undocumented immigrants may be tempted to provide fraudulent documents to meet the educational requirements for applying for deferred action, especially through unscrupulous businesses willing to sell education credentials.

To apply for deferred action, undocumented immigrants must show that they are currently enrolled in a public or private school or have graduated from high school or have a GED.

Immigration officials announced Tuesday that undocumented immigrants also can apply if they can show they are enrolled in educational, literacy or vocational programs designed to lead to college, job training, employment or to obtain a high-school diploma or GED.

Some undocumented immigrants may resort to fraudulent documents to meet the age requirements, said Steven Camarota, research director at the Center for Immigration Studies, a Washington, D.C.-based organization critical of the program.

Under the program, only undocumented immigrants under the age of 31 who came to the U.S. when they were under 16 are eligible to apply. They will not be required, however, to undergo personal interviews.

The lack of an interview "seems to be an invitation to fraud" by making it easier for older illegal immigrants to try to pass themselves off as under 31 by submitting fraudulent documents, Camarota said.

Camarota said that USCIS already has trouble processing applications for immigration benefits and that the addition of thousands of requests for deferred action could make it harder for investigators to detect fraud.

USCIS is hiring additional staff to help process the flood of requests, a senior DHS official said.

"We have obviously prepared for high numbers," the official said. "We are prepared for any volume that may come in, and we are committed to doing this efficiently as well as to avoid and minimize any potential impact on other lines of business that are conducted by USCIS."

Immigration lawyers, meanwhile, are telling undocumented immigrants that they should fill out the forms honestly and truthfully, said Elizabeth Chatham, a Phoenix immigration lawyer who is vice chair of the Arizona chapter of the American Immigration Lawyers Association.

She said some undocumented immigrants may be tempted to alter employment records to protect employers when trying to prove they have been in the U.S. for more than five years and were in the country when Obama announced the plan on June 15. Both are requirements.

Chatham, however, said that although some fraud may be inevitable, she does not believe it will be widespread.