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Recent Blogs Posts

  1. Letters of the Week: January 8 - January 14

  2. Automatic Extension of EADs for Hondurans and Nicaraguans on TPS

    By: Bruce Buchanan, Sebelist Buchanan Law

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    As the Trump administration continues to gradually terminate Temporary Protected Status (TPS) for some countries, including Honduras and Nicaragua, it is important to remember the validity of employment authorization cards (EADs) is automatically extended for a period of time for individuals with TPS from Honduras and Nicaragua.

    If an employee from Honduras or Nicaragua has an EAD with an expiration date of January 5, 2018 and lists the category code "A-12" or "C-19," this EAD is automatically extended and the employee may continue to work without a new EAD (and without a receipt notice) through the end of the applicable automatic extension period. TPS Honduras EADs have been automatically extended through July 4, 2018. TPS Nicaragua EADs have been automatically extended through March 6, 2018.

    Additionally, the EADs of TPS beneficiaries from Nicaragua, who timely re-register (Form I-821) and file a request for a new EAD (Form I-765), will be automatically extended through July 4, 2018. The period for re-registration ends on February 13, 2018. If approved, the new EAD will terminate on January 5, 2019, the last day of TPS for Nicaraguans.

    The automatic extension of EADs for Hondurans and Nicaraguans is very important for employers because normally an employer needs to terminate an employee whose EAD expires and no further work authorization, such as a new EAD or permanent resident card, is provided. Thus, EADs obtained through TPS are an exception to the rule. If an employer terminates an employee because it believed their work authorization had expired when the EAD had been automatically extended, the employer may have violated the anti-discrimination provision of the Immigration and Nationality Act (INA). As subject, the employee may be subject to an investigation by the Immigrant and Employee Rights (IER) Section of the Department of Justice, which has authority to seek an employeeís reinstatement with back pay and a penalty paid to the U.S. government.

    If you want further information on immigration compliance issues, I recommend reading The I-9 and E-Verify Handbook, a new book that I co-authored, which is available at http://www.amazon.com/dp/0997083379.
  3. Democrats out of order on DREAM Act. By Nolan Rappaport


    © Getty Images


    Democrats are threatening to block funding legislation that is needed to keep the government running unless the Republicans pass the DREAM Act of 2017, which would provide conditional permanent resident status for undocumented aliens whose parents brought them to the United States illegally when they were children.

    The Democrats have been trying unsuccessfully to get a DREAM Act passed for 16 years, and they are not likely to succeed with the DREAM Act of 2017 either.

    It was introduced in the Senate on July 20, 2017. An identical version was introduced in the House on July 26, 2017. Neither has had hearings or markups, which are required by what is referred to as the “regular order.”


    If the DREAM Act is passed without going through the checks and balances that are provided by regular order, it will represent little more than the partisan views of those who wrote it.


    When President Obama gave up on passage of a DREAM Act during his administration, he established the Deferred Action for Childhood Arrivals (DACA) program to give them temporary lawful status.

    According to USCIS data, there were 690,000 DACA participants when President Trump terminated the program on Sept. 5, 2017, subject to a six-month grace period to give Congress a chance to help them with legislation.


    Democratic leaders Rep. Nancy Pelosi (D-Calif.) and Sen. Chuck Schumer (D-N.Y.) are urging Congress to pass the DREAM Act before the grace period expires, but DACA participants are not going to be in danger of being deported when that period expires.

    Read more at http://thehill.com/opinion/immigrati...rnd=1515255525


    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.

    Updated 01-08-2018 at 09:42 AM by ImmigrationLawBlogs

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