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Greg Siskind on Immigration Law and Policy

LEAKED MEMO SHOWS MAYORKAS PUSHING FOR MAJOR IMMIGRATION POLICY CHANGES

Rating: 9 votes, 5.00 average.

This is really major and thanks to reader gg for posting the link.


The headlines are likely to be about the benefits to people out of status. The provisions stated early in the memocould benefit thousands, though I'm not sure it will help the vast majority of people out of status, though many, many would be helped. Mayorkas has "buried the lead" at the end of the memo when he discusses using "deferred enforced departure" to potentially help those who otherwise might qualify for the DREAM Act as well as long time residents (those here since before 1996 are specifically mentioned).


Also, take a look at the legal immigration reforms - work authorization for certain H-4s, expanding the grace periods for non-immigrant visas, dual intent for most major non-immigrant categories, more premium processing categories, automatic extension of employment authorizationd documents when applications to extend are timely filed and issuing two year EADs in more circumstances.


These changes would represent the most significant changes at USCIS (and before that at the INS) in decades.  Hopefully, Mayorkas will get real back up from the White House in order to get these reforms through since it now looks like CIR is not happening.


Incidentally, USCIS has already commented on the memo, which apparently has made it in to the hands of antis on Capitol Hill:


Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation’s immigration challenges.

Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS — nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation’s entire illegal immigrant population.


 



Mayorkas reform memo

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Comments

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  1. Susan I. Nelson's Avatar
    This is great stuff. Thanks for posting it.
  2. My 2 cents's Avatar
    Would any of this help with the EB backlog, I think it will most likely make it worse. Unless they do something about recapture and/or increasing country quota there won't be any movement. By the way Carl Shusterman is predicting a significant movement in the September visa bulletin. So we will see if the current trend holds steady for sometime till we hit the roadblock of Aug 2007 Visa Gate fiasco.
  3. S's Avatar
    Obama admin is too timid to do anything. I will not count on this guy to do what is being proposed in this Memo. It takes a Bush to do these things ... Republicans get power and they deliver to their base...
  4. Greg Siskind's Avatar
    My 2 cents - Note that USCIS is limited in the actions they can take since some things - like the EB quotas - are governed by statute and can only be changed by congress.
  5. SG's Avatar
    This is not fair if illegals get GC's before legals waiting in line for the last 10 years.
  6. Greg Siskind's Avatar
    SG - There is nothing in there about people moving ahead in the line. Everyone who gets green cards will have filed regular petitions. Anyone without status who is not otherwise eligible for a green card is not getting a green card. They might get relief from being deported and maybe the ability to work legally, but certainly not a green card.
  7. Adi's Avatar
    Greg,

    Can USCIS make all categories current for EB and give some relief for people in employment line?
  8. Greg Siskind's Avatar
    Adi - Unfortunately, no. Only Congress could do that.
  9. waiting in line for years, when will i get there?'s Avatar
    Here is what I dont understand, USCIS and Obama Administration is trying to bypass Congress to give LEGAL STATUS to those are out of status or (antis call it AMNESTY), for this I applaud them for this brave move (if it holds true), but How can this be achieved without Congress? whereas for EB relief it has to go through Congress. I am starting to hate "bureaucracy" !

  10. eugene's Avatar
    F1 dual intent is really smart. I have I140 and cannot go back to school on F1 since I have immigrant intent. I hope they implement this one soon.
  11. George Chell's Avatar
    The ultimate turncoat...I am pretty convinced that he will come after legals if illegal immigration problem is ever solved!

    http://www.politico.com/news/stories/0710/40441.html
  12. USC's Avatar
    "Mayorkas has "buried the lead" at the end of the memo"

    I am unsure what you are referring to but there is a Page 11 on your link and the docstoc store only has 10 pages. Those readers reading the docstoc are only seeing 10 pages. Page 11 is present at the link furnished by Greg.

    Great post!
  13. Legal and no longer waiting's Avatar
    There are certain things that are spelled out very clearly in the laws, and there are some that are ambiguos. The USCIS is trying to take advantage of ambiguity to help people. However, I am concerned about the leak, and what was the goal of the person who leaked it. It is known that not everyone in the CIS is pro-immigrant.
  14. S's Avatar
    "There are certain things that are spelled out very clearly in the laws, and there are some that are ambiguos. The USCIS is trying to take advantage of ambiguity to help people. However, I am concerned about the leak, and what was the goal of the person who leaked it. It is known that not everyone in the CIS is pro-immigrant."

    What I read somewhere is that FAIR activists have infiltrated USCIS at every level.
  15. Adi's Avatar
    Don't H4s automatically get EAD for people with EAD and AC 21? What is this additional facility?
  16. JoeF's Avatar
    "Don't H4s automatically get EAD for people with EAD and AC 21?"

    Not necessarily.
    There are lots of people who have an I-485 pending and then marry, and the spouse can not file an I-485 because the PD isn't current.
  17. S's Avatar
    As far as I understand , there is nothing in this memo that helps people who filed 485 but waiting for the dates become current.

    They shouuld consider issuing of EAD/AP for 10 years instead of 2/1 year.

    I think administration will try to use this tool after elections to blame republicans for not acting on immigration(if Rs are in majority) or after failure of an immigration bill if Dems are in majority. The above scenario is likely only if Mr.Change has courage to act on immigration with or without congressional action.

  18. Greg Siskind's Avatar
    Adi - No. H-1Bs can be extended based on AC21 when a green card number is not available or a case has been pending awhile. H-4s are not entitled to work on that basis, however. So this is new.
  19. Greg Siskind's Avatar
    National Review, which published the memo, is the place anti-immigrant Mark Krikorian blogs. Can't say if there is a connection, but NR is certainly not known for its pro-immigration views.
  20. Sid's Avatar
    These days USCIS is arbitrarily giving out 1 or 2 year EADs. If they are underfunded why don't they raise the renewal fees instead of resorting to such cheap tactics?

    I hope the recommendations about EAD renewals are implemented.
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