Articles Posted in Deferred Action and DREAM Act Students

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Federal Judge John Bates of the Federal District Court for the District of Columbia has spoken to protect Dreamers from deportation, where Congress has remained silent. In a Tuesday ruling, Judge Bates called the Department of Homeland Security’s decision to rescind the DACA program “arbitrary and capricious,” and with no sufficient basis to justify rescission of the program, ordered DHS to accept and process new as well as renewal DACA applications.

As part of his opinion Judge Bates vacated the Trump administration’s decision to rescind DACA, for a period of 90 days, giving the Department of Homeland Security an opportunity to explain its decision to rescind the DACA program. If the government fails to adequately explain the grounds for finding the DACA program to be unlawful, DHS must accept and process new and renewal DACA applications. DHS has responded to the ruling in a statement where it vowed to “continue to vigorously defend” its decision to rescind the DACA program and looks “forward to vindicating its position in further litigation.”

This ruling is the third in recent months against the Trump administration’s decision to rescind the DACA program.  Earlier this year, Federal Judges in Brooklyn and San Francisco issued similar rulings to keep the DACA program in place, however the Bates ruling is the first ordering the government to accept new DACA applications.

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President Donald Trump is digging his heels in on DACA, although he is perhaps much more interested in securing $25 billion in funding, to build his long-promised wall between the United States and Mexico. On Friday, Congress voted to pass a $1.3 trillion spending bill, designed to fund the government through the end of fiscal year 2018.

Early on Friday, the President delivered a threatening message to Congress via Twitter, intimating that he would veto the spending bill, because it did not provide any relief to DACA recipients such as a path to citizenship. The President however failed to mention that also absent from the bill, was a promise from Congress to fully fund the President’s border wall.

Hours later, the President spoke to reporters and said that he had decided to sign the spending bill, despite the absence of a bipartisan compromise for Dreamers, because the bill ultimately provided much-needed funding for the military. The President told reporters, “My highest duty is to keep America safe. We need to take care of our military. I say to Congress, I will never sign another bill like this again.”

The President blamed the Democrats for failing to reach a deal with Republicans that would put Dreamers on a path to citizenship tweeting this morning, “DACA was abandoned by the Democrats. Very unfair to them! Would have been tied to desperately needed wall.” The President has vehemently insisted that any legislative action providing relief to Dreamers, must also concede $25 million in funding to his administration to build the border wall.

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Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes

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During the last few days, the Supreme Court has been very busy taking up the issue of immigration. On Tuesday in a 5-3 decision, the Supreme Court handed down a controversial ruling strengthening the power of the Trump administration to detain undocumented immigrants facing deportation proceedings for extended periods of time. The Court rejected the opinion of federal judges in California who had previously ruled that detained immigrants facing removal proceedings have a right to a bail hearing after six months in jail.

Today, the Court emphatically disagreed, ruling in the case Jennings v. Rodriguez, that those who face deportation will remain detained while their cases are being considered by an immigration judge. Justice Samuel Alito speaking for the Court said that federal immigration law does not require bail hearings, and that the Ninth Circuit Court has no authority to allow for such hearings.

The Court handed down this ruling after immigrants’ rights activists brought a class action suit representing thousands of non-citizens who had been arrested and held for deportation. Many of these individuals sought asylum in the United States based on a credible fear of persecution. Although the majority of these individuals eventually went on to win their cases in immigration court, they were detained for a year or longer while their cases remained pending. The Ninth Circuit Court of Appeal had previously ruled that such individuals should have a right to a bail hearing after 6 months, and a right to be released from detention provided they could prove to the Court that they are not a danger to the community or a flight risk.

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Last week, the United States Senate began much-anticipated debates to reach a deal on immigration before the March 5th deadline imposed by the President. Debates in the Senate last week however were unavailing with both parties blaming one another for their inability to come up with a solution that would protect thousands of DACA recipients from deportation. To make matters worse the President issued a firestorm of tweets attacking leaders of the Democratic party and criticizing sanctuary cities that protect undocumented immigrants from deportation. Should Congress fail to enact legislation to shield Dreamers from deportation by March 5th, thousands of young undocumented immigrants brought to the United States as children will begin to lose their protection from deportation and the ability to work legally in the United States.

In the weeks ahead, Congress must also focus their efforts to pass a spending bill to permanently fund the government. Currently, the government is running on a short-term spending bill which expires midnight on March 23rd. Failure to pass a spending bill that permanently funds the government would mean yet another government shutdown. This urgent need to pass a spending bill may present an opportunity for Congress to finally reach a solution on top immigration priorities and seal the future of DACA recipients. Top immigration priorities for Republicans include building a wall between the United States and Mexico, beefing up the presence of border patrol agents and law enforcement, ending “Chain-Migration,” the diversity visa lottery program, while Democrats remain focused on creating a path to citizenship for Dreamers, and strongly oppose ending “Chain-Migration.” However, it would not be surprising if Congress fails to safeguard the status of DACA recipients given that members of Congress have on previous occasions failed to come up with a bipartisan solution.

Since October, approximately 122 young undocumented immigrants have had their DACA-permits expire on a daily basis, which is expected to add up to 22,000 immigrants by March 5th. Approximately 668,000 immigrants have been issued work permits under DACA that will not expire until March 5th or later.

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Various news media outlets are reporting that the Supreme Court will hold a closed-door meeting today Friday, February 16, 2018 to decide whether the Supreme Court will hear a challenge to a lower court opinion which temporarily blocked the President’s move to end the Obama era program, Deferred Action for Childhood Arrivals, making it possible for DACA recipients to apply for a renewal of their DACA benefits.

The closed-door meeting was prompted after the Justice Department formally asked the Supreme Court to review a federal judge’s January ruling, blocking the administration’s effort to end the Deferred Action for Childhood Arrivals program. The Justice Department in making such a request is seeking to bypass lower court proceedings, asking the Supreme Court for direct review, instead of appealing the lower court’s decision before a federal appellate court.

According to a law professor from the University of Texas School of Law, the court has not granted certiorari before judgment since the year 2004, and has not done so without a circuit-level ruling since 1988.

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IMPORTANT UPDATE: On February 14, 2018 USCIS announced that due to federal court orders issued on January 9, 2018 and February 13, 2018, USCIS will resume accepting requests to renew a grant of deferred action under the DACA program. Please read our post below to determine whether you qualify for a renewal request. 

File Your DACA Renewal Request Immediately

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On Sunday night, a group of Republican Senators met to draft the Republican party’s version of the President’s immigration framework, in preparation for a floor debate that will take place Monday night on immigration. The Republican bill is one of many proposals that will be considered by the Senate as part of the ongoing immigration debate. The proposed bill, known as the Secure and Succeed Act of 2018, drafted by Republican Senators Chuck Grassley, John Cornyn, James Lankford, Thom Tillis, David Perdue, Tom Cotton, and Joni Ernst, mirrors the Trump administration’s immigration framework.

Over the next few weeks Senators will vigorously debate and amend proposals on immigration with the goal of coming up with a piece of legislation that can garner at least 60 votes in the Senate to advance to the House of Representatives. The process will involve a free-for-all debate on the Senate floor that will allow Senators to propose amendments, with the goal of coming up with a bipartisan solution to shield Dreamers from deportation.

The GOP currently has a 51-49 majority in the Senate, making it necessary for Republicans to obtain support from Democratic Senators to reach the 60-vote threshold. Republicans have a large enough majority in the House of Representatives that they do not need a single Democratic vote to pass desired legislation.

Path to Citizenship for Dreamers

The Republican proposal focuses on providing a 12-year path to citizenship for up to 1.8 million people including DACA eligible recipients. Undocumented immigrants currently enrolled in DACA would receive a 2-year credit allowing them to obtain citizenship within 10 years. The criteria to obtain citizenship would require an individual to have:

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In this post, we will discuss the limited circumstances in which applicants may request a fee exemption for Form I-765 filed in connection with a renewal request for consideration of Deferred Action for Childhood Arrivals (DACA).

In most cases the filing fee to request a renewal of Deferred Action for Childhood Arrivals cannot be waived, but fee exemptions are available in the following limited circumstances:

  • Applicants under 18 years of age who are homeless, in foster care, or otherwise lack parental or other familial support, with income that is less than 150% of the U.S. poverty level may seek a fee exemption
  • Applicants who cannot care for themselves because of a serious chronic disability with an income that is less than 150% of the U.S. poverty level may claim a fee exemption
  • Applicants, who at the time of their request, have accumulated $10,000 or more in debt in the past 12 months, as the result of unreimbursed medical expenses for themselves or family members, receiving an income that is less than 150% of the U.S. poverty level may claim an exemption of the filing fee

To determine whether your income is less than 150% of the U.S. poverty level please reference the chart below:

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In order to be considered for a fee exemption, applicants must submit a letter and supporting documentation demonstrating that they fall into one of the above-mentioned categories. Applicants must first file a request for a fee exemption and receive an approved fee exemption, before filing a request for consideration of deferred action on Form I-821D.  Applicants may not submit Forms I-821D, I-765, and I-765WS without a record that a fee exemption has been approved.

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This week the President of the United States delivered his much-anticipated State of the Union to unite the Democratic and Republican parties on a range of contentious issues still unresolved in Congress. One of those hot-button issues has been immigration. As you may recall the President has given Congress until March 5, 2018 to pass legislation protecting Dreamers from deportation.

Ahead of the President’s speech the White House unveiled an immigration framework thought to gain support from Democrats in Congress, however the Democratic response in the room to the President’s remarks on immigration was somber.

While the President’s speech focused largely on improving the economy and helping small American businesses, the President also touched on immigration. President Trump opened his remarks on immigration by calling for immigration policies that will put American workers and their families first.

To highlight the importance of border security and implementing tougher immigration policies the President recounted the tragic story of Kayla Cuevas and Nisa Mickens, two close friends that were brutally murdered by adolescent gang members of MS-13, who the President said took advantage of the country’s loopholes to gain entrance into the country as unaccompanied minors. The parents of Kayla and Nisa Mickens stood tearfully to receive applause from members of Congress in the room.  The President called on members of Congress to “close the deadly loopholes that have allowed MS-13 and other criminals” to enter into the country. The President touted that his administration has proposed new legislation to fix the country’s immigration laws and support ICE and Border Patrol Agents in their efforts to apprehend dangerous criminals.

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