Articles Posted in Unlawful presence

38190898076_b64f8819eb_z

On January 13, 2018, the United States Citizenship and Immigration Services (USCIS) issued a statement for recipients of Deferred Action for Childhood Arrivals (DACA) in response to a federal court order that resurrected certain provisions of the program.

USCIS has announced that they will resume accepting requests to renew a grant of deferred action for individuals who have received benefits under the DACA program. According to the statement, the DACA policy that was in effect before the program was rescinded by the Trump administration on September 5, 2017, will continue to be implemented on the same terms as it was before. It is important to note that although USCIS will begin accepting renewal requests for individuals who have received DACA benefits in the past, USCIS will NOT be accepting initial DACA requests from individuals who have never before been granted deferred action under the DACA program.

In addition, USCIS is NOT accepting applications for advance parole from recipients of DACA. Before the program was rescinded, individuals receiving DACA benefits could apply for an advance parole document (travel permit) allowing them to safely re-enter the United States after temporary foreign travel. This will no longer be the case. Although by federal court order USCIS may consider applications for advance parole on a case-by-case basis if it so chooses, the agency has definitively decided against accepting any such requests.

Continue reading

36774259190_bb58c43088_z

In the middle of a hotly contested political battle among members of Congress, to pass a permanent legislative solution shielding Dreamers from deportation, late yesterday evening a federal judge in San Francisco handed down a ruling blocking the Trump administration from phasing out the Deferred Action for Childhood Arrivals (DACA) program enacted by former President Barack Obama.

As of Tuesday, January 9, 2018 U.S. District Judge William Alsup has issued a nationwide injunction ordering the Trump administration to restore DACA protections, while Congress legislates a more permanent solution to protect Dreamers from deportation. In his ruling, Judge Alsup said the Trump administration’s decision to rescind the DACA program was based on a flawed legal premise that was “not in accordance with the law.”

What does this decision mean for DACA enrollees?

The judge’s ruling mandates that the Trump administration maintain DACA protections open on a nationwide basis “on the same terms and conditions as were in effect before the recession (of the program) on September 5, 2017.”

This would include allowing Dreamers currently enrolled in DACA to renew their enrollments, with the following exceptions:

Continue reading

32789551022_6eb49afaf1_z

Image by Lorie Shaull

It is with great sadness that we report that today, Monday January 8, 2018, the Secretary of Homeland Security, Kirstjen M. Nielsen, has formally decided to terminate the Temporary Protected Status (TPS) designation for the country of El Salvador. This decision is extremely upsetting given that Salvadorans were among the largest group of foreign nationals receiving temporary provisional residency permits under the TPS program in the United States. The consequences of this decision are even more troubling considering the plight that Salvadorans face in their home country. For more than a decade, the country of El Salvador has been plagued by soaring gang violence, drug trafficking, human smuggling, and an endemic rate of violence against women.

Per today’s statement issued by the Department of Homeland Security, the TPS designation for El Salvador will officially terminate on September 9, 2019. This means that the Department of Homeland Security will give Salvadorans a period of 18 months, before terminating their provisional residency permits on September 9th, to allow Salvadorans to make an orderly departure from the United States or to seek alternative legal means to remain in the United States.

According to the Washington Post, the United States has issued approximately 200,000 provisional residency permits to Salvadorans, many of whom have been living in the country since 2001. Salvadorans were first given Temporary Protected Status in 2001 when a series of large earthquakes devastated the impoverished country. Since 2001, the United States government has renewed their temporary permits on an 18-month basis.

Continue reading

32499636540_8f0a3a5897_z

U.S. Mission to Turkey Confirms Resumption of Visa Services for Turkish Nationals

On December 28, 2017, the U.S. Mission to Turkey issued an official statement confirming the full resumption of visa services for Turkish nationals. According to the statement, the United States government made the decision to resume visa services for Turkish nationals after the Government of Turkey agreed to adhere to high-level assurances that no additional employees or local staff of the U.S. Mission to Turkey would be detained, arrested, or placed under investigation by the Turkish authorities for performing their official duties for the U.S. Mission to Turkey. Turkish authorities have agreed to inform the U.S. government in advance if the Turkish government plans to detain or arrest a local staff member in the future.

The Department of State will resume all visa services for Turkish nationals given the cooperation of the Turkish government to comply with these high-level assurances. Cases brought by the Turkish authorities against U.S. Citizens will continue to be investigated by the U.S. Mission to Turkey to accomplish a resolution to those cases.

Service Disruption Causes Immigration Delays in U.S. Airports

On Monday January 1, 2018 immigration desk computers went down at various airports for approximately two hours, causing massive delays for travelers going through U.S. Customs and Border Protection following the year-end holidays. The system outage began at about 7:30 p.m. Eastern Standard Time and was resolved at approximately 9:30 p.m. Eastern Standard Time. U.S. Customs and Border Protection processed travelers using alternative procedures. The agency later confirmed that the service disruption was not malicious. Affected airports included John F. Kennedy International Airport in New York, Hartfield-Jackson International Airport in Atlanta, Georgia, Denver International Airport.

Continue reading

29829421110_c710ea2e3c_z

Since President Donald Trump was elected to the office of the Presidency, a lot has changed in immigration law. From the very beginning, President Trump set out to shatter the status quo with his infamous campaign slogan “Make America Great Again” and immigration was one of the targets. With the help of his campaign advisers and his larger than life personality, President Donald Trump, defeated his biggest political rival, the famed career politician Hillary Clinton. Throughout his campaign it became clear that the Donald Trump persona was not simply made for TV. Whether you agree with his policies or not, Donald Trump has proven that he is a force to be reckoned with.

As Americans headed to the polls on that fateful morning on November 8th there was a tinge of uncertainty in the air—even an odd sense of silence. For those that disagreed with President Trump’s policies, the choice was clear, but for those that had endured eight years under Barack Obama, an unfamiliar face in politics was the answer. Everyone knew Donald Trump as a wealthy real estate mogul with an affinity for the spotlight, but few knew what Donald Trump would be like as a politician, let alone President of the United States. Despite the criticism, Donald Trump became a national phenomenon, capturing the hearts and minds of the American people with his no nonsense approach to politics, and his appeal to a large and growing conservative base. From the very beginning of his presidency, Donald Trump set out to become one of the most unconventional Presidents of the modern era, using his preferred method of Tweeting to reach the American people. Although his administration is only a year old, it has been marred with scandals, dozens of firings, resignations, and abrupt departures.

Continue reading

36869317150_5ff828e869_z

Much to our dismay, Congress was unable to pass the DREAM Act, or any comparable legislation to protect Dreamers from deportation, before going into recess for the holidays. During the last few weeks, members of Congress in the House and the Senate have been scrambling to pass a temporary spending bill to avoid a government shutdown. We hoped that during this time Democrats and Republicans would put their differences aside to lay the groundwork for an immigration deal that would solve the DACA problem once and for all. Instead, Republicans in Congress focused on passing a sweeping tax bill that is likely to be signed into law by the President as early as Friday. As a result, discussions about DACA were cast to the wayside, leaving these issues to be dealt with in 2018.

Unfortunately, Congress has now gone into recess and will not reconvene until January 3, 2018. This means that Republicans will have a very busy month in January. As you may recall, the President has given Congress until March 5, 2018 to pass legislation shielding Dreamers from deportation, because that is when DACA enrollment will begin to expire in large numbers. Congress must now work within a very tight deadline to begin DACA negotiations swiftly if they expect to meet the early March deadline. When Congress reconvenes after the holidays, the President will meet with Senate Majority Leader Mitch McConnell and House Speaker Paul Ryan to discuss their legislative priorities for 2018. A DACA solution will undoubtedly be high on their list. Republicans have legislatively been more united than ever, so it is in the GOP’s best interest to resolve the issue by the deadline, instead of prolonging an issue that has been ignored for far too long already.

Continue reading

36952231721_dc74daf3cd_z

As Congress races to avert a government shutdown before December 22, 2017, the momentum is building for members of Congress to include the DREAM Act on one of the government’s spending bills which must be passed before Congress goes into recess for the holidays.

The House and the Senate voted last week to grant the government a two-week extension so that Republicans and Democrats would have enough time to pass a short-term measure that would keep the government funded until January. That two-week extension however expires on December 22nd. This means that members of Congress must quickly negotiate pieces of legislation that must be passed along with a temporary spending bill, before Congress goes into recess for the holidays on December 22, 2017. This scenario has opened a unique window of opportunity for the DREAM Act to be included among pieces of legislation that must be passed before the government goes into recess. Republicans are currently under extreme pressure to keep the government open, and as such must concede and negotiate important issues before December 22nd. While Republicans are focused on passing their tax bill before the recess, the momentum is building for the DREAM Act to be negotiated during this narrow window of time.

As it stands, nearly every Democrat in Congress has thrown their support behind the DREAM Act, while many more Republicans are putting pressure on their party to deal with the issue immediately. Twenty-Four Republicans have already fired off a letter to the speaker of the House, Paul Ryan, asking for the DREAM Act to be passed before the end of the year. Lawmakers, political organizations, and tech leaders are also helping to increase the momentum to get the Act passed once and for all.

Continue reading

16018971290_29cde1ed2f_z

According to an internal memorandum, Immigration and Customs Enforcement (ICE) has plans to conduct a targeted enforcement operation at a national food service chain within the coming weeks. An ICE official spoke with The Daily Beast, on condition of anonymity, telling the news organization that ICE plans to conduct this operation to discourage American employers from exploiting undocumented workers by paying them low wages. Officials told the news organization that the operation will be targeting multiple locations across the United States, and that employers will likely be charged with federal offenses including harboring illegal aliens.

This move is the Trump administration’s latest attempt to deter illegal immigration through worksite enforcement actions, described by the administration as targeted operations to prosecute individuals who employ undocumented immigrants. If all goes to plan, the operation will be primarily focused on prosecuting owners of franchises who illegally employ undocumented immigrants. Sources with knowledge of the investigation have said that a preliminary investigation has already been conducted and that targets have already been chosen.

The food industry has and continues to be an industry that employs thousands of undocumented workers due to the unskilled nature of the work, and the fact that employers are able to cut costs by paying undocumented workers very low salaries. According to a 2008 Pew report, at least 10 percent of the hospitality industry is supported by the labor of undocumented immigrants. Last year, Eater reported that over 20% of all cooks working in restaurant kitchens could be undocumented. Noelle Stewart, communications manager for Define American, said that undocumented immigrants make up a crucial part of our economy in that, “they cultivate our produce; they cook our food,” she says, “the food industry wouldn’t be possible in the way it is without them.”

Continue reading

36357555043_71b4835af6_z

As of today, lawmakers in Congress have 115 days to pass legislation allowing more than 800,000 undocumented immigrants, known as Dreamers, who were brought to the United States as children, the opportunity to remain in the United States lawfully.

If Congress does not act by the March 5th deadline terminating the DACA program, it is likely that the President will give Congress more time to pass such legislation. The President has reiterated that he wants the solution to come from Congress, and will not act unilaterally to shield Dreamers from deportation.

Attorney General Jeff Sessions has signaled to Congress that the future of DACA remains in their hands, recognizing that they have an “opportunity to do something historic.” Republican politicians have thus far shown their willingness to work with Democrats to pass legislation that would grant Dreamers not only protection from deportation and the ability to reside in the United States lawfully, but an opportunity to obtain citizenship. Notoriously conservative Republican Senator, Roy Blunt, along with others has said that he would be willing to support legislation granting Dreamers a path to citizenship, and said as early as Tuesday that deporting Dreamers to a country they did not grow up in would be “totally unreasonable.”

President Trump of course has said that he does not support legislation that would give Dreamers a path to citizenship, however a majority of Congress could override a Presidential veto should such a piece of legislation come to pass. Legislation to protect Dreamers from deportation would however come with certain conditions. The President, as well as Republicans, are pushing for provisions that would secure funding for the wall to be constructed along the U.S./Mexico border and enhance border security. Republican Congressman Dan Newhouse has said that the consensus among Congress is that “it is the responsibility of Congress, and not the administration to make immigration law.”

Continue reading

37000256942_8ce02a3302_z

As the March 5th deadline approaches for Congress to pass legislation protecting Dreamers from deportation, new information has emerged providing insights into the President’s plans to shield Dreamers from deportation, should Congress fail to act by the March 5th deadline.

Republican Senator James Lankford recently told the press that if Congress does not act by the March 5th deadline, the President is willing to give lawmakers more time to pass legislation that would create a more permanent solution for DACA recipients to remain lawfully present in the United States.

Although the President has generally been sympathetic to the plight of undocumented immigrants who came to the United States as children, the President has made clear that any legislation that would protect Dreamers from deportation, would not include a path to permanent residency. In addition, the President recently issued a list of demands that must appear on any such legislation in order to receive his support. Some of these demands include Congress’ support for the construction of a border wall along the Southern border, cracking down on illegal immigrants, withdrawing federal funding from sanctuary cities, and cutting back on legal immigration by restricting the family based immigration system. Without these concessions, the President has stated that he will not throw his support behind the bill. It is still unclear how flexible the President’s list of demands will be. Of course, even if the President were to veto a bill that would not meet his demands, Congress can override a presidential veto by a two-thirds vote in the House and Senate.

Continue reading