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Carl Shusterman's Immigration Update

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  1. 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    In a memo issued on June 15, 2017, DHS Secretary John Kelley rescinded the Obama Administration's memorandum expanding the DACA program and creating the DAPA program for certain parents of US citizens.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!
  2. 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.
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