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Carl Shusterman's Immigration Update

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  1. DACA is Ending – What You Should Do Now



    On September 5, the Trump Administration announced that DACA which has shielded over 800,000 young people who were brought to the US as children from deportation for the past 5 years was coming to an end.


    The USCIS will no longer accept new applications for DACA or for advance parole travel permits.

    However, for a brief period of time which ends on October 5, 2017, current DACA recipients whose DACA status expires prior to March 5, 2018 may apply to renew their status and EADs for another 2 years. If you fit into this category, be sure to apply for a DACA and EAD renewal immediately.


    Although USCIS will not accept new applications for advance parole from DACA recipients and will return all pending applications for advance parole, if you already have an advance parole through DACA that you have not used and you last entered the US without inspection, you may want to travel abroad and return to the US with your advance parole document. This may allow you to adjust your status in the US in the future. Please see DACA Renewals – Plus DACA To Green Card!.


    In addition, there are a variety of other immigration benefits that you may be eligible for. These are detailed in Screening Potential DACA Requestors for Other Forms of Relief published by the American Immigration Council.


    We link to the various government memos regarding the termination of the program from End of DACA Program – Frequently Asked Questions.


    Will Congress pass a bill to provide DREAMers with a path to US citizenship, or at least to protect them from deportation after March 5, 2018?


    That’s anyone’s guess.


    The DREAM Act was first introduced back in 2001, and has never been passed by Congress. Whether Congress will act to protect the DREAMers in 2017-18 remains to be seen.


    There are currently 4 bills in Congress to help the Dreamers. There has been much speculation as to whether the Democrats and President Trump can make a deal to help the Dreamers the way they did recently on the short term hike in the debt ceiling.


    Several states are suing the Administration over the DACA termination. So is the University of California.


    Religious leaders from many faiths have condemned President Trump's decision to phase out DACA. Representative Luis Gutierrez (D-IL) has threatened to shut down the government if the House of Representatives fails to pass the DREAM Act.


    Some commentators had concluded that there is a racial basis for ending DACA and attempting to restrict immigration to the US.


    I watched Steve Bannon on "60 Minutes" last night. He stated that he was all in favor of ending DACA and that the answer to the problem is for the Dreamers to "self-deport". Outrageous!


    If you are also upset about how the 800,000 young DACA recipients are being treated, this is the time for you to act. Take a few minutes and let the White House and your Members of Congress know that it is important to you that they protect the Dreamers.


    With DACA ending, it is important that we Act Now For Dreamers.

    Updated 09-12-2017 at 01:33 PM by CShusterman

  2. 10 States to Trump: End DACA or We’ll Sue You!

    Although many people see President Trump as the most anti-immigrant President in recent history, to others, he is not anti-immigrant enough.


    In a memo issued on June 15, 2017, DHS Secretary John Kelley rescinded the Obama Administration's memorandum expanding the DACA program and creating the DAPA program for certain parents of US citizens. However, the memo declared that the original DACA program created in 2012 for children who were brought to the US at a young age by their parents “will remain in place”.


    On June 29, the Attorneys General of Texas and 9 other states (Arkansas, Alabama, Idaho, Kansas, Louisiana, Nebraska, South Carolina, Tennessee and West Virginia) sent a letter to US Attorney General Jeff Sessions threatening to bring an action in Federal Court to declare that the DACA program is unconstitutional unless the Department of Homeland Security (DHS) phases out the program.


    [sc name="Review Block" image="/images/photo6.gif" title="Know Their Job Well And Perform It Flawlessly" review="Don’t do the mistake we did and try to save few bucks going with nonprofessionals and sole practitioners! It will end up not only costing you much more in the long run, but also putting your status in jeopardy which can have a priceless impact. It is one of the most important steps in your life." reviewer="- Sgt. Danny Lightfoot, Los Angeles, California"]


    The letter demands that DHS rescind the 2012 memorandum which created DACA, and not renew or issue any DACA permits in the future. If DHS does so by September 5, the letter states that the plaintiffs will voluntarily dismiss their lawsuit.


    However, if the DHS does not do so, the letter states that the complaint challenging DAPA and the expanded DACA program in Texas v. United States will be amended to include the existing DACA program.


    Both the DAPA and expanded DACA programs have been enjoined by the Federal Courts. The Supreme Court has remanded the case to the District Court Judge in Texas to rule on the merits of the case.


    The bottom line is that these 10 Attorney Generals want the DACA program to be abolished thereby making the nearly 800,000 Dreamers who benefit from DACA undocumented aliens once again, subject to deportation.


    How did Attorney General Sessions react to the threatening letter? Was he offended?


    Apparently not.


    On “Fox and Friends”, Sessions stated: “… I like it that our states and localities are holding our federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”


    Will President Trump cave in and end the DACA program? If he does, Dreamers will be an easy target for DHS to deport since the government has each of their addresses.


    There are some limited options for certain DACA recipients to apply for green cards before the program is rescinded or struck down by the Supreme Court a couple of years from now.


    But for the majority of DACA recipients, the best post-DACA plan of action may be to change their addresses.


    And is it even remotely possible that Congress would pass a law to protect the Dreamers? Perhaps, but only if they are pressured by their constituents to do so.


    Stay tuned!
  3. Trump's Immigration Executive Orders



    President Trump wasted no time in signing a number of executive orders which concern our country’s immigration policies.


    Today, he signed 2 executive orders, one of which authorizes the building of a wall along the U.S.-Mexico border and another which would curb Federal funding to sanctuary cities across the country.


    The President called for the hiring of 5,000 additional border agents and another 10,000 immigration officers. He is also reinstating the Secure Communities program which was ended by President Obama. This program requires local law enforcement agencies to share fingerprint and other arrest data with the DHS.
    In addition, federal agencies such as the IRS and the Social Security Administration will be required to share information regarding unauthorized immigrants with the DHS.


    The number of persons incarcerated in immigration detention centers will be greatly increased from the present population of 34,000.


    Tomorrow, President Trump is expected to sign another executive order, one which will temporarily halt refugee resettlement in the US and prevent persons from 7 Middle Eastern countries from entering the US with green cards or temporary visas.


    The 7 countries are Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The ban will last at least 30 days and could be imposed permanently if the governments of these countries do not comply with certain DHS and State Department requirements. The ban applies not only to tourists, students and temporary workers, but also to permanent residents of the US. It does not apply to persons from these countries who have become US citizens. Nor does it apply to citizens of Saudi Arabia and the Gulf States.


    Tomorrow’s executive order will also impose an indefinite ban on Syrian refugees coming to the US as well as a 120-day ban on refugees from other countries. When the US begins accepting refugees again, the number will be reduced by over 50%.


    Christians and other religious minorities from Moslem countries will be given priority for refugee status.


    None of President Trump’s first 3 executive orders concern the DACA program.
  4. Automatic EAD Extensions Under The January 17th Regulations


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ID:	1158In the December 2016 issue of our newsletter, we summarized the new 366-page DHS regulation regarding employment-based immigration which will become effective on January 17, 2017.

    In this article, we focus on the portion of the regulation which allows certain persons to obtain temporary automatic extensions of their Employment Authorization Documents (EADs).

    Under the new regulations, the USCIS will no longer be required to adjudicate requests for EADs within 90 days. However, persons with existing EADs will be able to apply for extensions of their work permits 180 days (up from 120 days) before they expire.

    The regulation designates the following 15 categories where people will be eligible for automatic 180-day extensions of their EADs as long as they submit timely requests to extend their EADs:

    1 Aliens admitted as refugees;
    2 Aliens granted asylum;
    3 Aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA;
    4 Aliens admitted as citizens of the Federated States of Micronesia, the Marshall Islands, or Palau;
    5 Aliens granted withholding of deportation or removal;
    6 Aliens granted Temporary Protected Status (TPS);
    7 Aliens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS and have received an EAD as a “temporary treatment benefit”;
    8 Aliens who have properly filed applications for asylum or withholding of deportation or removal;
    9 Aliens who have filed applications for adjustment of status under section 245(a) of the INA;
    10 Aliens who have filed applications for suspension of deportation under Section 244 of the INA, cancellation of removal under section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) IIRAIRA;
    11 Aliens who have filed applications for creation of a record of lawful admission for permanent residence;
    12 Aliens who have properly filed legalization applications pursuant to section 210 of the INA;
    13 Aliens who have properly filed legalization applications pursuant to section 245A of the INA;
    14 Aliens who have filed applications for adjustment of status pursuant to section 1104 of the LIFE Act; and
    15 Aliens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners.

    The rule does nothing to assist first-time applicants for EADs, nor does it permit automatic extensions of Advance Parole.

    Many persons, such as spouses of nonimmigrants (L-2s, H-4s, etc.) are ineligible for automatic extensions of their EADs.

    The automatic EAD extension portion of the regulation is more complicated than this summary of the rule would indicate. Small employers without the resources to regularly check the USCIS website or consult with immigration lawyers may find it burdensome to comply with the I-9 requirements that this rule will entail.

    It is recommended that persons with EADs should submit applications for extensions of their EADs and Advance Paroles 180 days before the expiration date to protect their ability to work and travel without interruption. Doing so will also aid their employers.




    Updated 12-29-2016 at 12:27 PM by CShusterman

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  5. Senators Introduce Bill to Protect Dreamers

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ID:	1147 On December 9, 2016, a bipartisan group of Senators introduced the Bridge Act which would protect 740,000 DACA recipients from deportation and allow them to continue working and studying in the United States for the next 3 years.

    Like DACA, the bill does not provide a path to green cards for Dreamers. Instead, the bill would grant them “provisional protected presence” in the US. They would be allowed to remain in the US, renew their EAD work permits and, in some circumstances, qualify for Advance Parole international travel permits.

    Since President-Elect Trump has vowed to repeal President Obama’s executive orders, the bill, if enacted, would protect Dreamers from deportation for another 3 years unless they commit a deportable offense.

    The bill would also tighten the confidentiality provisions in the law. DACA requires applicants to reveal their addresses and other personal information. The bill would prohibit the government from using this information to try to deport DACA recipients or their parents.

    Although the bill is sponsored by a bipartisan group of Democratic and Republican Senators, it is unclear whether it has enough support to pass the Republican-controlled Senate and the House of Representatives.

    The introduction of the Bridge Act is expected to put pressure on President-Elect Trump to work out a solution to the immigration status of the Dreamers.

    Trump has been equivocal about how he intends to treat the Dreamers.

    On one hand, he has pledged to repeal DACA. However, in a recent interview with Time magazine, he stated:

    “We’re going to work something out that’s going to make people happy and proud. But that’s a very tough situation. They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen.”

    Stay tuned.
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