Articles Posted in Unlawful presence

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We are happy to report that the Biden administration has made the decision to extend Temporary Protected Status for Somalia nationals currently receiving protections under the program from March 18, 2023 through September 17, 2024.

In addition, the re-designation means that certain eligible Somali nationals residing in the United States as of January 11, 2023, will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).


How did this all happen?


Extension of Designation of Somalia for TPS


On January 12, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from March 18, 2023, through September 17, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

Mayorkas found that these circumstances ultimately prevented Somali nationals from safely returning to their home country stating, “Through the extension and redesignation of Somalia for Temporary Protected Status, the United States will be able to offer safety and protection to Somalis who may not be able to return to their country, due to ongoing conflict and the continuing humanitarian crisis… We will continue to offer our support to Somali nationals through this temporary form of humanitarian relief.”

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DACA recipients can now breathe a sigh of relief. We are happy to report that the Department of Homeland Security recently published a final rule in the Federal Register, taking a major step to safeguard the Deferred Action for Childhood Arrivals (DACA) program, while the fight to uphold DACA is in litigation.


What does this mean?


The final rule officially took effect on October 31, 2022, to codify existing policy, preserve, and fortify DACA.

This means that effective October 31, 2022, pursuant to the final rule, the U.S. Citizenship, and Immigration Services (USCIS) will accept and process renewal DACA requests and accompanying requests for employment authorization (EAD), consistent with court orders and an ongoing partial stay. Currently, valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. Those with pending DACA renewal applications, do not need to reapply.

USCIS will also continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but will not process initial (new) DACA requests.

Pursuant to an injunction and partial stay, handed down by the U.S. District Court for the Southern District of Texas, DHS is prohibited from granting initial (new) DACA requests and related employment authorization under the final rule.

While this is a temporary measure to protect existing DACA benefits, Secretary of Homeland Security, Alejandro Mayorkas stated, “Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

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In this blog post, we follow up on our previous reporting relating to a brand-new program launched by the Biden administration that will allow for the admission of up to 24,000 Venezuelans, closely following in the footsteps of the Uniting for Ukraine program.

Today, October 18, 2022, the U.S. Citizenship and Immigration Services updated its “Venezuela” webpage including all the details regarding this new program. Applications are currently being accepted by USCIS.

We break down the details for you down below.


What is this program all about?


USCIS has launched a new process that allows Venezuelan nationals and their immediate family members to come to the United States in a safe and orderly manner.

Like the Uniting for Ukraine program, nationals of Venezuela who are outside the United States and who lack U.S. entry documents will be considered for admission to the United States on a case-by-case basis.

Those who are found eligible, will receive advance authorization to travel to the United States and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

After being paroled into the United States, beneficiaries are eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with the required fee or apply for a fee waiver.

Using the same Form I-765 form, applicants can also apply for a Social Security number (SSN) by following the form instructions.

If you request an SSN in Part 2 (Items 13a-17.b) of your Form I-765, and your application is approved, USCIS will electronically transmit that data to the Social Security Administration (SSA), and SSA will assign you an SSN and issue you a Social Security card. SSA will mail your Social Security card directly to the address you provide on Form I-765.

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In the latest legal saga concerning the Deferred Action for Childhood Arrivals (DACA) program, a federal appeals court has declared the DACA program illegal, causing uncertainty for the future of the program.

Yesterday, the three-judge panel for the 5th Circuit Court of Appeals handed down a ruling in which it found that the Obama administration did not have the legal authority to create the DACA program in 2012. The Circuit Court ruling affirms a previous ruling handed down by U.S. District Court Judge Andrew Hanen of the Southern District of Texas which halted the Biden administration’s plans to revive the program last year.

While the panel declared the DACA program illegal, it stopped short of ordering the Biden administration to completely invalidate the program for those with existing DACA benefits, or those seeking to renew those benefits. For the time being, DACA policy remains intact for current beneficiaries, allowing U.S. Citizenship and Immigration Services (USCIS) to continue to accept and adjudicate renewal requests. However, USCIS is prohibited from approving initial applications for DACA, and accompanying requests for employment authorization.


What happens next?


The appeals court has sent the lawsuit back to U.S. District Judge Andrew Hanen, the same judge that previously ordered a nationwide injunction preventing the approval of new DACA applications. Judge Hanen will review the legality of the program under the Biden administration’s policy memorandum which includes revisions to the program.

Sadly, it is unlikely that Judge Hanen will rule in favor of the Biden administration which will likely result in a formal appeal sent to the United States Supreme Court, where chances of its survival hinge on a conservative leaning court. Judge Hanen previously found the program illegal because the government failed to follow the notice and comment periods required by the federal Administrative Procedures Act. In 2016, the Supreme Court deadlocked in a 4-4 decision over expanding DACA to parents of DACA recipients, keeping in place a lower court decision preventing its expansion.

The appellate court’s decision will have long-lasting repercussions, as it forces members of Congress to safeguard the future of the program by passing legislation to settle the matter once and for all. While the topic has been argued for the past decade on Capitol Hill, no meaningful steps have been taken to preserve the program and create a path to residency for Dreamers.

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Welcome to the start of a brand-new week. In this blog, we cover new reports from the U.S./Mexico border addressing the growing number of asylum seekers entering the United States from Tijuana into San Diego, through a process known as “humanitarian parole.”

According to a recent report published by the National Institute for Migration in Baja California, in April of 2022, just under 400 migrants were granted permission to cross through Ped West, one of two pedestrian crossings at the San Ysidro Port of Entry.

When compared to crossings in August, that number has skyrocketed to 4,075 migrants entering using their humanitarian parole document.


What is humanitarian parole?

  • Humanitarian parole is a process by which a foreign national (who may be inadmissible or otherwise ineligible for admission into the United States) may enter for a temporary period of time for urgent humanitarian reasons or significant public benefit by filing Form I-131 Application for Travel Document and Form I-134 Affidavit of Support including their supporting documentation.

In addition to those entering with humanitarian parole, the Institute reports that more than 2,500 Haitian refugees have been granted permission to cross into the United States, as well as 440 migrants from Honduras fleeing organized crime.

At the same time, the Institute reports that many migrants in Tijuana are being falsely misled to believe that migrant shelters can help them bypass detention upon requesting asylum at the U.S. border.

Sadly, the Biden administration has not done little to address the growing number of asylum seekers. In fact, the Biden administration has been silently asking the Mexican government to allow for the expulsion of thousands of asylum-seeking migrants from Cuba, Nicaragua, and Venezuela through a little-known policy known as “Title 42.” This expulsion policy began under the Trump administration in March 2020 and has continued under President Biden. Since that time, the Mexican government agreed to accept expulsions of its citizens, along with those of El Salvador, Guatemala, and Honduras totaling more than 2 million migrants.

According to the Washington Office on Latin America (WOLA) the expulsion of migrants from Mexico, El Salvador, Guatemala, and Honduras is near the highest-level seen in over 15 years, but has declined from 2021 (154,000 in July 2021, 104,000 in July 2022). It is estimated that the U.S. government has used Title 42 to expel 78 percent of these migrants.

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It is not every day that one of our very own paralegals is honored for her work in immigration law, helping provide a voice to those who do not speak the English language. It is with great pride that we celebrate Kely Martell, for her recent feature in the American Bar Association’s Commission on Immigration (COI), profiling her work as an interpreter volunteer.

Ms. Kely Martell works as a case manager in the business department of our law office, but what you may not know is that for the past year and a half, she has also been dedicating her time as a volunteer Spanish language interpreter and translator for the Immigration Justice Project (IJP). There, she has been working closely with attorneys on pro bono defensive asylum cases, helping reduce barriers to justice for the most vulnerable members of our society.

Growing up in Lima, Peru, Kely immigrated to the United States at a young age with no knowledge of the English language. These struggles shaped her early interest in immigration law and her desire to make a difference in the lives of others. At the height of the asylum crisis when thousands of migrant caravans made their way to the United States, Kely was inspired to action and decided to volunteer as an interpreter for several immigration organizations. She immediately made a positive impression for going beyond what was expected of her, not only helping clients understand their legal rights, but also helping clients and their families navigate the complex intricacies of the immigrant detention system. She displayed an extraordinary commitment to handling these complexities with ease.

Kely first became involved with the ABA’s Immigration Justice Project after reaching out to Senior Staff Attorney and Pro Bono Coordinator Ambreen Walji and the rest was history. She describes her experience working for the Immigration Justice Project as being truly rewarding because of the opportunity she has helping detained immigrants on a day-to-day basis, which are some of the most underserved individuals that are most in need of translator services. Continue reading

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Former President Donald Trump’s legacy continues to leave a lasting mark on U.S. immigration policy. On July 21, 2022, the conservative leaning Supreme Court blocked the Biden administration from implementing a new immigration policy that would prioritize deportation for those residing in the country illegally who pose the greatest public safety risk. At least for now that means the Biden administration’s measure will be halted.

The Supreme Court justices were almost nearly split in their decision. In a 5-4 vote, the decision stated that Justices Barrett, Sotomayor, Kagan, and Jackson would have allowed the Biden administration to pursue the policy.

The decision sets the stage for arguments in the case United States, et al. v. Texas, et al. to begin in late November.


Why the decision?


The Supreme Court’s decision was made in response to the Biden administration’s emergency request for the court to settle once and for all the legality of enforcing the policy after conflicting decisions were made by federal appellate courts. In September of last year, the Biden administration had implemented a policy calling for a pause to deportation unless individuals had committed acts of terrorism, espionage, or were egregious threats to public safety.

This directive prompted a flurry of lawsuits by Arizona, Ohio, and Montana, and a separate lawsuit by the state of Texas and Louisiana.

Texas and Louisiana argued that the Biden administration had violated federal law by halting the detention of people in the U.S. illegally convicted of serious crimes. The states also argued that they would be burdened by the administration’s decision because they would need to set in to detain such individuals.

For more information about this decision please click here.

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50091854772_d0d3b61325_bMexico’s President Andres Manuel Lopez Obrador is set to visit the White House next month to discuss immigration and make a push for additional U.S. commitments to help curb rates of illegal immigration.

It has been rumored that during his visit, the Biden administration will announce an offer of 300,000 temporary work visas up for grabs for Mexican nationals and Central Americans.

Mexico’s Interior Minister Adan Augusto Lopez confirmed these reports in a business meeting explaining that the U.S. government has agreed to split the number of visas proportionally to both Mexican and Central Americans, in an effort to ease the migration challenges of both countries.

According to Lopez, “The American government agreed to issue, initially, 300,000 temporary work visas; 150,000 will be for Mexicans or for foreigners who are currently in Mexico waiting for the possibility to migrate north.” The Biden administration is expected to announce these measures during President Obrador’s visit in July.

“It’s a high price, in terms of social costs, for our country to be a crossing point for migrants and every day we’re talking with the American government to try to generate (better) conditions,” Lopez said in remarks during a business meeting in Tijuana, Mexico.

While the spokesperson at the U.S. Embassy in Mexico did not return requests for comment, it will be interesting to see how these developments will play out in the coming weeks.

Earlier this month, tensions grew between President Obrador and the Biden administration over the U.S. government’s decision to exclude Nicaragua, Cuba, and Venezuela from attending the Summit of the Americas due to human rights violations. Following the news, President Obrador declined to attend the Summit, and Foreign Minister Marcelo Ebrard took his place.

President Obrador’s visit will coincide with the 10th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, prompting a renewed debate over U.S. immigration policy.

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Today, the Biden administration unveiled a brand-new program, Uniting for Ukraine, which seeks to provide humanitarian parole to an estimated 100,000 Ukrainian nationals who have been displaced by the Russian invasion which began on February 24, 2022 for a period of up to 2 years.


What is Uniting for Ukraine?


Uniting for Ukraine is a new Biden initiative that will allow Ukrainian citizens to apply for humanitarian parole in the United States. Humanitarian Parole is a process that allows foreign nationals to lawfully enter the U.S., provides temporary lawful presence in the U.S., and protects that person from deportation during the parole timeframe that has been granted to the foreign national. Humanitarian parole is a temporary permission to remain lawfully in the United States. It does not provide law permanent residence (a green card) and does not provide a pathway to citizenship.

To be eligible, Ukrainians must have been residents in Ukraine as of February 11, 2022, have a sponsor in the United States, complete vaccinations and other public health requirements, and pass rigorous biometric and biographic screening and vetting security checks.

Ukrainians who are approved via this process will be authorized to travel to the United States and be considered for parole, on a case-by-case basis, for a period of up to two years. Once paroled through this process, Ukrainians will be eligible for work authorization.


Who can be a sponsor?


Effective Monday, April 25, 2022, U.S. based individuals and entities can apply to sponsor displaced Ukrainian citizens through the Uniting for Ukraine process, which will go live on the Department of Homeland Security website that same day.

Any U.S. citizen or individual, including representatives of non-government organizations, can sponsor Ukrainian applicants. Individuals and organizations seeking to sponsor Ukrainian citizens in the United States will be required to declare their financial support and pass security background checks to protect against exploitation and abuse. Eligibility requirements will include required vaccinations and other public health requirements, as well as biographic and biometric screening, vetting, and security checks.

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We have some breaking news for Ukrainian nationals. In a swift and unprecedented move, the Department of Homeland Security, today announced the designation of Ukraine to receive Temporary Protected Status (TPS) for an 18-month period.


What is Temporary Protected Status?


Established by the U.S. Congress in 1990, temporary protected status (TPS) is a program that allows migrants whose home countries are considered unsafe, the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents (green card holders) or U.S. citizens, they are authorized to live in the United States without fear of deportation under temporary protected status. Applicants may also apply for employment authorization by filing Form I-765 Application for Employment Authorization with USCIS along with their application for TPS.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Ukraine’s designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely.


Who can apply?


Individuals eligible for TPS under this designation must have continuously resided in the United States since Tuesday, March 1, 2022. Eligible applicants must be a national of Ukraine or a person without nationality who last habitually resided in Ukraine.

Any Ukrainian nationals who attempt to travel to the United States after Tuesday, March 1, 2022, will not be eligible for Temporary Protected Status.

Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for Temporary Protected Status, and an Employment Authorization Document (EAD).

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