Tag Archives: dreamers

EXECUTIVE REFORMS: Expanded DACA Eligibility

21 Nov

Another significant development coming out of the Presidential reforms announced yesterday is the expansion of DACA beyond its original parameters established in 2012.  For descriptions of the original DACA requirements, please see here. 

The executive reforms announced yesterday make the following reforms to the DACA program:

  • The date of entry for DACA eligibility has been changed from June 15, 2007 to January 1, 2010.  Individuals who entered the U.S. prior to their 16th birthday and prior to January 1, 2010 can qualify for DACA under the revised guidelines.
  • The age cap has been eliminated.  Originally, DACA was limited to individuals under 31 years of age as of June 15, 2012.  The upper age limit has been eliminated and those who entered the U.S. before January 1, 2010 and were under the age of 16 will qualify regardless of their current age.
  • DACA work authorization will now be valid for three years as opposed to two.

These reforms will be implemented within 90 days. The other DACA requirements remain unchanged.

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.

 

 

 

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.

Cancellation Victory (well, sort of)

22 Apr

A couple of months ago, I got to enjoy my fifteen minutes of fame when my client became the poster child for problems caused for immigrants in immigration court by the government shutdown.  I wrote a blog piece, wrote another for the American Immigration Lawyer’s Association and, next thing I know, I am speaking to Robert Siegel of NPR’s All Things Considered and people I have not heard from in decades called me to say they heard me on the radio.  But, eventually, my fame wore off and I still had to fix this young woman’s situation.

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As way of background, my client, a 21 year old college junior who has been here since she was four years old, applied for cancellation of removal from the Immigration Judge.  Cancellation is available to an individual who has been unlawfully present in the U.S. for at least ten years, possesses good moral character and whose removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.  Congress has decided that only 4000 cancellation cases should be granted every year.  For many years, the 4000 quota was enough for the entire country.  However, as the Obama administration put many more people into removal proceedings, more people applied.  And guess what?  Given a day in court, more people were able to convince judges that they were good people with longstanding ties to the U.S. and deporting them would cause their families tremendous hardship.  By December 2012, the Office of the Chief Immigration Judge announced that they had run out of cancellation visas for the entire fiscal year, which had started barely two months earlier.  My client had a hearing in December 2012, in which she was informed by the Judge that there were no more cancellation grants available and the case would need to be continued.  The case was reset until October 2013.  The irony at that time was that she had originally been scheduled in October 2012, when cancellation numbers were available, but had to be rescheduled when the court was shut down due to flooding in lower Manhattan as a result of Hurricane Sandy.10155981_741506099222830_2694746367904436600_n

Fast forward to October 2013 and the government shutdown cancels her latest hearing.  The New York, upon reopening, quickly sent out a hearing notice for March 30.  However, on March 28, the court called me to inform me that the case would need to be rescheduled because the judge had been selected for jury duty!  We were rescheduled for April 18 at 2:00 PM, a date that greatly concerned me as it was Good Friday.  Sure enough, the court called the day before and asked us to come in earlier, which we happily did.  At the hearing, the government informed the court that it agreed with our request to grant our client cancellation of removal.  It took all of fifteen minutes.  The Judge was glad to do so, but explained that there are no cancellation numbers and that my client would be placed in the queue based upon the date and time of her case and would be notified when a number became available to her.  The case could not be “granted” until then.  So, my client, while relieved that she will ultimately be granted, remains in a precarious limbo by another absurd anomaly of our immigration laws- that only 4000 of these may be granted in a given year.  Who knows where Congress got that number?

Here's where Congress got the 4000 number!

Here’s where Congress got the 4000 number!

My client is just one of millions of people left in a state of limbo by Congress’ inability to address the crisis of immigration law.  In this case, my client has DACA and I probably could have gotten the removal case dismissed.  The government stipulated to relief, meaning she would get her green card.  It is hard to say that, in this one case, the problem is the administration.  Like all other arbitrary caps and quotas, such as the H-1B cap, the former cap on asylee adjustment, and caps on immigrant visas, Congress needs to act.

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.

BR Eats Tacos and Thinks About Immigration

26 Feb

el sol

I had the best tacos I have ever had this weekend in Harrisonburg, Virginia.  The whole Benach Ragland attorney gang headed out to the country to meet in the quiet of the mountains.  And, of course, in the middle of rural America, we found tacos.  Delicious tacos.

I used to work with a colleague who used to discuss the virtues of America’s unique immigrant history by pointing out the benefits to American cuisine.  “Have you ever tried to get good Mexican food in Rome?” he would bellow.  And it was true.  In many cities in the U.S., you could go a month and not eat the same cuisine twice.  Many of us, especially those of us who live in coastal American cities, believe that this is the sole domain of the urban dweller.  However, the modern American reality is that immigrants are everywhere in America and bringing their cuisine and their vitality with them, restoring fading American towns.

Harrisonburg is in the middle of Virginia’s Shenandoah Valley.  The valley is a rural swath of land wedged between the Blue Ridge Mountains to the East and the Appalachian mountains to the West known for its fertile soil and large agricultural output.  The Shenandoah Valley has been a quiet place since it was a center of attention during the U.S. Civil War, when multiple armies chased each other and clashed over its rolling farmland.  The destruction of Virginia farmland caused by the intense campaigning was one consideration that persuaded Robert E. Lee to invade the North in 1862 before he was check by the Army of the Potomac at Antietam Creek.  Since the last troops pulled out of the valley in 1865, it has returned to peace and quiet.

It is still heavily agricultural.  A large chicken processing plant is in Harrisonburg.  The plant has attracted thousands of undocumented workers who have had to do the gruesome work of turning birds into poultry.  These immigrants have done the dirty work of America’s need for cheap food for decades.  Their children, often American citizens, are now finding their own success in America in ways that don’t involve plucking chickens.  The sacrifice of the parents and their own stunted dreams bear fruit in the lives of the children.

What does this have to do with tacos??  Well, the children of one of these poultry factory workers have opened El Sol, a tiny little taqueria in Harrisonburg.  The menu is small.  They make tacos, quesadillas, and some fine Mexican stew.  But by keeping their menu small, they have adopted a leading principle of business- do one thing better than all others and you will be rewarded.  And, boy, do they.  El Sol’s tacos are the freshest and tastiest we have ever had.  Each of the tacos ($1.25 each!) is simple, as they are in Mexico.  A piping hot fresh corn tortilla filled with pork, steak or beans and cheese.  And, yes, they presumably have local chicken!  The fillings of shredded pork or chicharrones, fried pork skin, are delicious and topped with fresh cilantro and onions.  A Mexican coke washes it down nicely.  My partners also really enjoyed the carne asada, but I was too busy with the pork to notice.

The delightful Isabel Castillo works the front room, bringing hot plates of tacos to the Mexican families who pour in for a taste of home.  Her brother, Luis, does the cooking.  El Sol is a delightful, sunny café that brightens a street that would otherwise be a dreary monument to the better yesterday of Harrisonburg.

Immigration Reform Follies!

19 Feb

The past few days have revealed tremendous silliness in the immigration reform debate.  It is a true pity given the serious stakes involved for everyone persecuted by the U.S.’ brutal immigration laws.

Just today, we saw prominent immigrant rights groups’ applauding the honesty of ICE bureaucrat representative, Chris Crane because he stated in some forum or another:

For this pearl, Mr. Crane has been lauded by all sorts of ostensibly pro-immigrant types as a whistleblower.  After all, here is an ICE agent stating that ICE only cares about hitting its numerical targets for removal.  ICE has recently come under some well-deserved heat for conducting data-mining and all sorts of definition-expanding permutations to ramp up the removal of criminals.  It would seem that Mr. Crane is stating that ICE is going after low hanging fruit and not the dangerous criminals, who we all can agree, at least in theory, deserve removal.  At last, someone within ICE points out that the emperor has no clothes.  Right?

Well, only if you pay no attention to everything else Chris Crane has ever said.  Based upon his testimony, Mr. Crane believes that ICE is not being allowed to do its job of keeping the community safe because the ICE political leadership has instructed ICE officers to focus their removal efforts on those convicted of crimes or repeated immigration law violators.  Apparently, Mr. Crane believes that community safety would be enhanced if ICE agents were permitted to make arrests when they are “on duty in a public place and witness a violation of immigration law.”  If only ICE agents were empowered to make arrests in such circumstances, public safety would be enhanced.  This makes us wonder: what does it look like when a student falls out of status due to failure to maintain appropriate credits, or what does it look like when a tourist visa expires, or what does it look like when an undocumented person clear your plate, does it look that much different than when a documented individual re-fills your water?  If ICE agents were empowered to make arrests because of these and other “immigration violations” they witness, the U.S. would look a lot more like those totalitarian regimes where the only law is the presence of a gun and handcuffs.  No thanks.  Yes, ICE is doing everything can to pump up their removal numbers, but if Mr. Crane and his allies had their way, that number would be way higher than 400,000 and community safety would not be enhanced.  Recall that Chris Crane is the plaintiff in a lawsuit, where he is represented by uber litigation-loser Kris Kobach, where he alleges that DACA is illegal because it means he can not arrest and remove every undocumented youth he comes across.  Nonetheless, members of the non-profit industrial complex for immigration reform have embraced Crane’s quote, displaying an alarming lack of awareness of what Crane is actually saying.

This followed this weekend’s adolescent drama that occurred when the President’s plan for immigration reform was leaked to USA Today.  Immediately Marco Rubio and other Republicans groused that the President never spoke to them and that there were significant divides between the President and the GOP in Congress.  John McCain insisted that the President, by talking about immigration reform was trying to derail it.  And Newt Gingrich (why do we still have to listen to this pompous blowhard?) went on TV and blurted out the partisan truth that the Congressional GOP would not pass anything that had Obama’s name on it and the President had to call Senators McCain, Graham, and Rubio (Senator Flake was unavailable) and tell them “don’t worry, baby, I love you and your plan.”

The President’s proposal is very intriguing.  We will discuss it in detail in the next couple of days, but it goes to territory where none of the other plans go: shrinking the definition of “aggravated felony,” allowing for immigration recognition of expungements and other ameliorative statutes, and restoring suspension of deportation.  For those of us who care about due process in the immigration courts and greater flexibility in removal statutes who thought that immigration reform would be all about E-Verify, border fences, legalization at the back of the line and a guest worker program, the introduction of due process concepts into the debate is welcome.  The very real humanitarian considerations represented in the President’s plan should not be overshadowed by high school cafeteria antics

 

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.”

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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.