Articles Posted in Undocumented Immigrants

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Immigration Raids Cancelled for Two Weeks

In a new turn of events, President Trump announced on Saturday, June 22, 2019, that he would delay the immigration raids that were set to begin on June 23, 2019, for a period of two weeks to give Congress more time to make changes to existing asylum law.

On the eve of the immigration raids, the Speaker of the House, Nancy Pelosi brokered a deal in which she asked the President to cancel the planned immigration raids. On Saturday the President tweeted that at the request of the Democrats, the raids would be pushed back for two weeks giving both parties time to roll out proposals regarding immigration reform.

For the time being the immigration raids will not be going forward as originally planned.

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Digitized FOIA System

USCIS has announced that its FOIA System is now digitized. Users will now be able to submit, track, and receive FOIA requests digitally. This is great news because this option will speed up the process of requesting a FOIA and also speed up the form of delivery. Previously, applicants were required to submit a request by mail and would receive the results of the FOIA request by mail in compact disc form. Now, applicants will be able to access their documents digitally.

Applicants will simply need to create a USCIS online account to take advantage of this new and improved system.

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Photo by Fibonacci Blue

During a recent campaign rally to gain support for his re-election bid, the President promised to deport “millions of illegal aliens” from the United States.

A Trump administration official recently confirmed that ICE will be conducting raids to remove undocumented immigrants who have been issued final deportation orders and continue to remain in the United States, as early as Sunday.

The media is reporting that these immigration raids will take place in several major U.S. cities including Miami, Atlanta, Chicago, Baltimore, Denver, Houston, Los Angeles, New Orleans, New York City, and San Francisco.

The operation will target the following individuals:

  • Undocumented Minors who came to the U.S. without their parents and have since turned 18;
  • Undocumented immigrants who were ordered removed in absentia; and
  • Undocumented immigrants who missed an immigration court hearing and did not respond to letters mailed to their homes by the Department of Justice

The Los Angeles Police Department released a statement Friday informing the public that the LAPD is aware of upcoming ICE actions “beginning this Sunday,” that would be directed toward individuals who have been issued final deportation orders. LAPD Chief Michel Moore told reporters Friday that ICE has 140 targets in the Los Angeles area.

The LAPD’s statement provides, “The Department is not participating or assisting in any of these enforcement actions. The Department has reached out to various community stakeholders regarding the reported ICE enforcement actions, reiterating that members of this Department will not be participating. We are committed to protecting the public through meaningful relationship building and community partnerships.”

What Should You Do During an Immigration Raid?

It’s important to realize that when immigration raids take place, ICE agents often break the law, and may violate your due process rights, especially when you don’t have a firm understanding of the law and believe that you have no rights as an undocumented person.

Be prepared and informed of your rights BEFORE an immigration raid takes place or before going through an immigration checkpoint.

Schedule a consultation with our office to discuss your rights and come up with a plan on what you should and should not do during an immigration raid.

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New Zealand Now Eligible to Apply for E-1 and E-2 Investor Visas

Beginning June 10, 2019, New Zealand nationals can apply for the E visa categories thanks to the President’s enactment of the Knowledgeable Innovators and Worthy Investors (KIWI) Act. Applicants who are already in the United States on a valid non-immigrant visa may now apply for a change of status to an E visa.

The E visa does not provide a direct path to permanent residency, but it is a great option for individuals who wish to live and work in the United States with their families for a temporary period of time. There is no set limit on the maximum amount of time an individual may remain on the E visa, but applicants must intend to depart at the end of their period of authorized stay in the United States.

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Photo: Molly Adams

On June 5, 2019, the House of Representatives unified to pass H.R. 6 better known as the American Dream and Promise Act of 2019, offering Dreamers who meet certain requirements, a path to citizenship.

The bill must still pass through the Senate to become law.

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Ken Cuccinelli Photo by Gage Skidmore
Source: Flickr

New developments in the world of immigration have just emerged. The director of the United States Citizenship and Immigration Services (USCIS), L. Francis Cissna, has been forced to resign.

Cissna has served under the Trump administration since October 2017. During his tenure, Cissna oversaw major policy changes within the agency, including the President’s travel ban, the court’s rebuke of the travel ban, the termination of the DACA program, and the Trump administration’s efforts to limit asylum processing for Central Americans.

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TPS Designations for Nepal and Honduras Will Continue

Today, May 10, 2019, the Department of Homeland Security provided a notice in the Federal Register about their decision not to terminate the Temporary Protected Status designation of Honduras and Nepal.

Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS status, pending the resolution of the case Ramos v. Nielsen and any appeals that follow.

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The White House recently issued a Presidential Memorandum to strengthen asylum procedures and safeguard the asylum system against fraud.

The Presidential Proclamation specifically orders the Attorney General and Secretary of Homeland Security to take several measures to enhance the security of the asylum system by July 28, 2019.

These measures require the Attorney General and Secretary of Homeland Security to enact proposals and/or regulations that would:

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On April 22, 2019, the White House issued a memorandum seeking to curb the high rates of nonimmigrant overstays for nationals from certain countries.

Specifically, the memorandum identifies aliens who overstay their period of lawful admission under the terms of their visa or Visa Waiver Program.

The memorandum instructs the Secretary of State to identify conditions that contribute to the high rates of overstay of nationals from countries in which the total overstay rate is greater than 10 percent in the combined B-1/B-2 nonimmigrant visa category, based on the DHS 2018 Entry/Exit Overstay Report.

Within 180 days, the President has instructed the Secretary of State, Attorney General, and Secretary of Homeland Security to come up with a plan to curb B-1/B-2 visa overstay rates with respect to identified countries of interest. Such a plan may include the suspension or limited entry of individuals of those countries holding B-1 or B-2 visas, targeted suspension of visa issuance for certain nationals, limits to duration of admission, etc.

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Flickr: mollyktadams

House Democrats are making a move to help Dreamers achieve permanent residence. A new bill dubbed HR 6, the Dream and Promise Act, seeks to provide undocumented immigrants who came to the United States as children, the opportunity to obtain permanent residence. In addition, the bill includes a proposal that would allow certain types of immigrants fleeing war or natural disasters the opportunity to apply for permanent residence.

The Dream and Promise Act would cancel the removal (also known as “deportation”) of and grant conditional permanent resident (CPR) status to a person who is inadmissible or deportable from the U.S. if the person:

  • has been continuously physically present in the U.S. for at least four years before the date of the bill’s enactment;
  • entered the U.S. before turning 18;
  • (a) has been admitted to a college, university or other higher educational institution; or (b) has earned a high school diploma, GED, or equivalent post-secondary education credential; or (c) is enrolled in a secondary school or education program that assists students in obtaining a high school diploma, GED or similar state-authorized exam, certificate or credential from a career or technical school providing education at the secondary level,or in obtaining a recognized post-secondary credential;
  • provides biometric and biographic data, with alternative procedures available for those with physical impairments;
  • passes a background check;
  • registered for military selective service if required to;
  • pays a fee no greater than $495, though fee exemptions may apply;

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A new report released by CBS news estimates that the immigration court system could face a staggering backlog of more than one million cases, if the government shutdown extends into February and March.

According to the report, Minnesota, Pennsylvania, and Kentucky in particular will be the most affected, owing to a surge of Central American immigration that has caused significant backlogs in these state’ systems.

The government shutdown has now entered its 30th day, with no end in sight. Immigration judges have been forced to postpone hundreds of hearing that had been scheduled months or even years in advance. The only cases that have not been impacted by the shutdown are those of detained immigration seekers. All other non-detained individuals have had their hearings cancelled.