Tag Archives: deferred action

EXECUTIVE REFORMS: Deferred Action for the Parents of U.S. Citizens and Residents

21 Nov

As Joe Biden once said, this is a “big f’in’ deal.”

The centerpiece of the President’s immigration reforms announced yesterday is the expansion of deferred action to cover certain foreign national parents of United States citizens. Here are the details:

The U.S. Citizenship & Immigration Service will give deferred action and employment authorization to individuals who

  • As of November 20, 2014, have a son or daughter who is a United States citizen or lawful permanent resident.
  • Entered the U.S. prior to January 1, 2010.
  • Are not in lawful status as of November 20, 2014
  • Are not an enforcement priority
  • Do not present other factors that weigh against a favorable exercise of discretion

People who fall within the DHS’ new enforcement priorities will be ineligible for deferred action.  With a new memo issued today, November 20, 2014, the DHS has revised the enforcement priorities for the agency.  The new enforcement priorities are divided into three levels of priority of decreasing priority.  Presumably, those not within the enforcement priorities memo are not enforcement priorities and should qualify for benefits and not be subject to efforts to seek removal. We have summarized the new enforcement priorities memo here.

Applicants will be required to provide fingerprints and undergo national security and criminal background checks.  The filing fee will be $465.  CIS has been directed to begin accepting applications no later than 180 days from the date of the announcement (May 19, 2015).

Over the coming weeks, Benach Ragland will hold reduced fee consultations for those who think they may qualify under this program.  We will also be holding free information sessions at community centers in the greater Washington metropolitan area.  For the latest information, please like us on Facebook and follow us on Twitter @BenachRagland.  To schedule a reduced fee consultation, please call 202-644-8600 or email msanchez@benachragland.com.

Is Executive Action on Immigration Imminent?

14 Nov

obama immigration reformIt is only fitting that major technological achievements like the successful placement of a lander on a comet be paired with news that the Obama administration is planning many reforms to our nation’s immigration policies.  After all, our space program and many of our most successful technological breakthroughs are directly related to an immigration policy that made it easier for the best and brightest to come and work here.  Yet, many worry today that our immigration system is so broken that it prevents the entry and lawful integration of hard workers struggling to improve their lives in the U.S.  The comet lander was a project of the European Space Agency and not NASA.

U.S. immigration policy today, instead, says no to the best and brightest, rejects those who are willing to perform jobs that others refuse to do, and breaks up families over minor violations.  In short, U.S. immigration policy not only does not help America grow, but is actually a hindrance.  Most people of fair judgment recognize this.  Last year, the Senate took a step to make some needed reforms to U.S. immigration law.  While the bill the Senate passed was far from perfect, it would have gone a long way to fixing many of the problems with the immigration system.  However, the House of Representatives refused to take up the bill and instead voted to deport DREAMers and sue the President.

In light of the crisis in immigration, the President announced in June that he would make changes by the end of the summer in regulations and policies to ameliorate the harsh edges of immigration law.  He pushed this back until after the November election to help certain Democrats retain their Senate seats, which they lost anyway.  Ironically, the one democrat that he could have helped with executive action, Mark Udall of Colorado, also lost, partially due to a discouraged Latino electorate.  Immediately after the drubbing Democrats took, the President reiterated his commitment to executive action on immigration reform.  Then IT happened.  A breathless report appeared last night (November 12) on FOX News stating that the President was going to announce his immigration “amnesty” plan on November 21 and he would legalize millions of immigrants.  The White House quickly denied that any final decisions had been made and that, certainly, no timelines had been promised.  Yet, today, the New York Times reported that the President was weighing an option that could provide up to 5 million immigrants with some type of DHS_cis_WR_atprotection from removal.  The NYT article stated that a central part of the plan is to provide deferred action, like DACA, to the parents of U.S. citizens or to people who have been here for a long period of time.  In addition, according to the Times:

Mr. Obama’s actions will also expand opportunities for immigrants who have high-tech skills, shift extra security resources to the nation’s southern border, revamp a controversial immigration enforcement program called Secure Communities, and provide clearer guidance to the agencies that enforce immigration laws about who should be a low priority for deportation, especially those with strong family ties and no serious criminal history.

A new enforcement memorandum, which will direct the actions of Border Patrol agents and judges at the Department of Homeland Security, the Justice Department and other federal law enforcement and judicial agencies, will make clear that deportations should still proceed for convicted criminals, foreigners who pose national security risks and recent border crossers, officials said.

So far, these articles are the clearest indication that the President intends to do something about immigration.  And it appears that he is ready to do it soon.  It is important to note that nothing has been decided, no timetables have been set, and that the President is still free to choose to do nothing.  In addition, the Republican Speaker of the House John Boehner has stated that the House will fight him “tooth and nail” on administrative reform.

In the meantime, it does appear that some form of administrative reform is coming.  We still don’t know what it might look like.  We asked this in August and still do not know for sure.  Although we do have some ideas. People who may benefit, such as the parents of U.S. citizens, should make sure that they have certified birth certificates, marriage certificates, tax returns, dispositions of criminal charges, school records, church records, passports and other papers showing who they are, what they have done with their lives and why they deserve a chance to stay.  And, since it is ThrowOverwhelmedback Thursday, we offer you this post from just over two years ago about what immigrants should do while waiting for deferred action relief.  Many of the suggestions remain good advice.

Stay tuned.  We will give you accurate and current information as it happens.

DACA Renewals Begin!

5 Jun

 

DACA_benefits2

On June 5, 2014, the renewal process for the Deferred Action for Childhood Arrivals starts for more than half-million DREAMERs who are already enrolled in the program. DREAMERs or DACA beneficiaries will continue to benefit from renewing driver’s licenses, working, and obtaining in-state tuition in at least 16 states.

To renew DACA, applicants must complete the recently released dual-use Form I-821D for initial and renewal DACA applications. Additionally, forms I-765, Application for Employment Authorization, and I-765 Worksheet must be submitted, along with a $465 filing fee check or money order.

Renewal applicants are only required to submit new documents pertaining to criminal or removal proceedings history that have not already been submitted to USCIS.  Renewal applicants do not have to demonstrate initial eligibility all over again and must only provide updated information where information has changed.

Initial applications remain available for new applicants who meet all of the following requirements listed on the June 15, 2012 Napolitano memorandum:
• Entered the United States under the age of 16;
• Have continuously resided in the United States for at least five years preceding June 15, 2012;
• Were present in the U.S. on June 15, 2012;
• Were not in lawful status on June 15, 2012;
• Were under the age of 31 as of June 15, 2012;
• Are currently in school, has graduated from high school, have obtained a GED, or are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces; and
• Have not been convicted of a felony, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to the national security of public safety.

To avoid a lapse in employment, DACA renewal applications should be submitted 120-150 days prior to their DACA expiration date.

Should you have any questions, please do not hesitate to contact us.

Will the Courts Invalidate Deferred Action?

24 Apr

KeepCalmStudio.com-[Crown]-Keep-Calm-And-Apply-For-Daca

There is much hue and cry over a federal district court judge possibly blocking the Deferred Action for Childhood Arrivals (DACA) program.

In a lawsuit filed by Kansas Secretary of State, Kris Kobach, on behalf of ICE Union head, Christopher Crane, challenging the DACA program, Judge Reed O’Connor (Northern District of Texas) has indicated that he is likely to find that the program violates federal law.

Previously, Judge O’ Connor had ruled that agents with the Immigration and Customs Enforcement had standing to bring suit as the prosecutorial discretion directive urged them to violate federal law, and the agents believed that by not following the directive, they would be subject to discipline and other adverse employment consequences.

Beneficiaries and recent applicants for the deferred action program should rest assured that even if the lawsuit is successful, it should not invalidate or affect their ability to legally work and reside in the country.

First, the judge has not yet issued a preliminary injunction against DACA. In fact, the case presents complicated issues of whether the federal judge even has jurisdiction to hear the case as it appears to be an employment dispute. Judge O’Connor has therefore asked the parties–the Department of Justice and lawyers for the ICE Union–to brief whether the  Collective Bargaining Agreement and the CSRA bars the federal district court from hearing the case.

Second, even if Judge O’ Connor grants a preliminary injunction, there are additional questions as to whether the injunction only affects applications filed in the Northern District of Texas. Regardless of the answer, the Department of Justice is likely to file an appeal to the Fifth Circuit, and seek a stay of the injunction, such that the operation of the deferred action program continues smoothly.

Third, upon appeal, the Fifth Circuit is likely to uphold deferred action. Prosecutorial discretion has a long history in U.S. immigration law and agency practice, so Judge O’ Connor is simply wrong in stating that immigration laws mandate the detention of non-citizens present in the U.S. without legal status. In fact, Judge O’ Connor erroneously finds that DHS has prosecutorial discretion in the latter stages through the cancelling of removal proceedings but not in the initial stages, which hardly makes any sense.

In the meantime, the DACA program continues to be available to eligible undocumented youth. Prosecutorial discretion is also unlikely to go away and a federal judge in Northern Texas does not have the ability to undo decades of U.S. immigration law.

We will continue to document the efforts of bureaucrats within ICE to stymie intelligent immigration enforcement through insubordination, lawsuits, leaks, and more generic tactics like refusal to complete trainings and sick-outs.

The lesson of the day is hence, keep calm and keep applying for DACA.

Why has my case been transferred to California?

4 Mar

California

Recently, the Citizenship & Immigration Service sent out thousands of notices to people with applications pending notifying them that their application has been transferred to the California Service Center.   Many DACA applicants with applications pending in the Vermont Service Center received this notice as did many individuals with applications for adjustment of status.  Clients often called, panic-stricken, and ask “what does it mean??”

Quite simply, it means that there was an imbalance in the workload between the two Service Centers.  There were too many applications for the adjudicators in Vermont and too many adjudicators in California with time on their hands.  So, CIS shifted some applications from Vermont to the less busy California Service Center.  That’s it.  Workload allocation and management.  Nothing sinister or foreboding.  CIS periodically makes such adjustments between Service Centers and always causes some anxiety on behalf of applicants.  It only means that the transferred case has a better chance of being resolved more quickly than it did if it sat idle in an overburdened office.

So, relax.  It’s California, after all.

The Whine of the ICE Bureaucrats

3 Feb

agents-overview

It has been a tough week for the ICE bureaucrats who have sought to undermine the political leadership of this country to pursue their own restrictivist and nativist agenda.  Regular readers of this blog (my wife and my mother), will know that we have sought to document the efforts of bureaucrats within ICE to stymie intelligent immigration enforcement through insubordination, lawsuits, leaks, and more generic tactics like refusal to complete trainings and sick-outs.  But, like their pals Kris Kobach, Steve King, Jeff Sessions, and Joe Arpaio, time has passed them by and they continue their ignominious descent into laughable irrelevance.

Last week, we saw politicians competing to put forward the most comprehensive immigration reform.  The President outlined a plan.  We saw Republicans and Democrats, who could not agree on anything for close to four years, all agree that immigration reform is needed and that a path to citizenship is an essential to that effort.  We learned that the even the House has a bipartisan working group planning to develop its own immigration legislation.  Simultaneously, a federal judge in Dallas, Texas dealt a near fatal blow to the ICE agents lawsuit, where they alleged potential injury if they refused to follow the DHS secretary’s directives regarding DACA.  While the Judge did not entirely dismiss the lawsuit, FOBR Ben Winograd at the Immigration Policy Center described the lawsuit as” hanging by a thread.”  Bad week to be on the losing side of history.

Increasing the hope that immigration reform will finally happen in 2013 is the largely unanimous support of reform by the country’s major labor organizations.  The AFL-CIO and the SEIU, the country’s two largest union organizations, are major supporters of immigration reform.  But just when you thought that the unions had finally come together with the business community, there is one union that wants you to know that they are not on board.  Guess who?  The American Federation of Government Employees National ICE Council issued a press release to declare that the AFL-CIO does not speak for the ICE union.  The union wrote: “Respectfully, we see a lot of problems with the recently proposed reforms and we plan to exercise our rights as American’s to participate in the democratic process and voice those concerns publicly in the upcoming months; we hope to do so without groups like the AFL-CIO demonizing us for expressing a different opinion.”

Screen-shot-2012-01-08-at-8.22.32-AM

With all due respect, the position of the ICE agents union is crystal clear.  They so believe in an anti-immigrant policy where their actions are not subjected to meaningful review that their views are meaningless in an effort to reform the immigration law in a way to break their power.  The ICE bureaucrats are afraid of being demonized for participating in the democratic process.  Well, welcome to the arena, folks.  You can’t continue to say outlandish and self-interested garbage and not be called out on it.  The bureaucrats have always had a weak grip on the basics of democracy.  While begging to be treated with kid gloves, the ICE bureaucrats union has staged a vote of no confidence in ICE’s political leadership, sued the Department to stop DACA, and has encouraged its members not to follow the direction of their management.  In the military and any other law enforcement agency, that is known as insubordination and can result in dismissal or, in the case of the military, the brig.  But ICE bureaucrats ask not to “be demonized.”

If the ICE bureaucrats do not want to be demonized, they should stop resisting efforts to create intelligent immigration policy and participate in implementing immigration law, both today’s and tomorrow’s in a more humane and useful way.

The Immigration Industrial Complex

9 Jan

5a6cb_man-shocked-at-billThe Migration Policy Institute recently released a study documenting that the U.S. government spent $18 billion on immigration enforcement, dwarfing the $14 million spent on other federal law enforcement agencies. The FBI, the DEA and the ATF, combined, received $14 billion.  Immigration & Customs Enforcement’s budget, alone, is $6 billion.  Something is seriously out of whack here.

None of this is surprising to immigration attorneys.  ICE runs a gulag archipelago of detention centers across the country, holding immigrants who have overstayed visas, entered without inspection, seek asylum, and  committed minor offenses.  ICE has continued to push in the federal courts for expansive definitions of mandatory detention, even if it means detaining people for offenses committed decades ago.  In 2011, ICE detained over 429,000 people, more than any other single government entity.  More than the Bureau of Prisons, the States of California, Texas, Florida, and New York.  ICE operates in its own jails, rents out space at local jails and contracts with private companies like the GEO corporation to manage this enormous population.  In addition, ICE has contracts with BI Incorporated to monitor individuals with final orders of removal.  This often involves ankle bracelets with GPS, telephonic and in-person reporting.  BI officials also monitor an individual’s efforts to obtain passports and plane tickets to depart the U.S. under an removal order.  In other words, they do ICE’s job.  And, frankly, they are pretty good at it.  Over 400,000 removals in 2011 shows how good BI is.  If budget hawks are serious about making government run like a business, how about saving money by eliminating the middleman?

The large budgetary excess for immigration enforcement also provides an explanation for the massive ICE resistance to immigration reform.  After all, if undocumented youth are getting DACA rather than being detained and deported, bed spaced is being underutilized and removals may go down.  In our current economic environment, it won’t be long before some budget-cutting legislator begins to question the excess of the the immigration enforcement budget.  If ICE were to exercise discretion and not detain and deport everyone that they possibly could, can they fulfill their contracts with the private companies that have built jails throughout the country.  If ICE were to take a more reasonable approach to enforcement, would they need to send out 20 agents before dawn to arrest four plumbers working a contract at Dulles because they are working on fake green cards?

The large amount of money at stake for immigration enforcement makes it clear that the efforts of some ICE bureaucrats to derail common-sense immigration reform is a result not of a principled belief in our national security and public safety, but rather to protect their exalted place at the public trough.

As we spend months debating the economic future of this country and what immigration reform will look like, it is worth contrasting the unproductive use of $18 billion tax dollars that ICE has commanded on an enforcement roid rage with the agreed-upon economic stimulus that would be provided by an immigration reform package.