Visa Lawyer Blog

Articles Posted in Comprehensive Immigration Reform

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On November 20, 2014 President Barack Obama announced a series of executive actions on immigration designed to repair our country’s broken immigration system.

Among its provisions, the executive actions on immigration outline plans to: strengthen border security, expand I-601A provisional waiver eligibility, modernize visa backlogs, expand eligibility for parole in place, improve parole procedures for researchers, inventors, and foreign entrepreneurs, revise removal proceedings–making criminals and those who pose a threat to our nation’s national security a priority for deportation, expand the existing DACA (Deferred Action for Childhood Arrivals) program to include a broader population of undocumented aliens (with no prior criminal history) who have continuously resided in the United States since January 1, 2010.  The expanded DACA program, under the new policy, would last a period of 3 years, rather than the 2 year period, granted under initial DACA.

In addition to expanding DACA, Obama also proposed a new program known as DAPA (Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents) extending eligibility of deferred action to eligible parents of US Citizen or LPR children born on or before the date of the President’s announcement on November 20, 2014. To read the complete DAPA eligibility requirements please click here.

These provisions were scheduled to go into effect on February 18th of this year, however, on February 15th a temporary injunction filed by Judge Hanen along with 26 states put these initiatives on hold. Following the filing of the temporary injunction, the Department of Justice filed an appeal in defense of Obama’s executive actions and an emergency motion for stay, requesting the executive actions to go forward despite the temporary injunction.

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On Monday May 4, 2015 a federal appeals court heard arguments in the case Joseph Arpaio v. Barack Obama, et al, U.S. Court of Appeals for the District of Columbia Circuit, No. 14-5325. Back in November of 2014 in the wake of Obama’s executive actions, Maricopa County Sheriff Joe Arpaio sued President Barack Obama shortly after he announced his executive order extending Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)—a plan which would shield over 4.7 million eligible undocumented immigrants from removal proceedings. Arpaio along with 26 other states sued the administration claiming that the president had overstepped his executive power and that the executive actions were unconstitutional.

In the Arpaio case, two out of the three presiding judges from the District of Columbia ruled that Arpaio did not have standing to sue and that he had failed to prove that he was directly harmed by the executive actions. Arpaio had previously claimed that the executive actions directly harmed him because criminals would not be deported as a result of Obama’s executive actions. However, eligible recipients of extended DACA and DAPA would be required to demonstrate strong ties to the United States by providing documented evidence of their continuous residence in the United States, have no criminal record, and/or have U.S. born children.

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The power of the purse has spoken and the Democrats have come out on top. On Tuesday March 3rd the Republican led House of Representatives passed a bill funding the Department of Homeland Security up until September of this year. The bill passed by a vote of 257 to 167, with 75 Republicans and 182 Democrats voting in favor of the bill. The bill included no mention of the Obama administration’s executive actions on immigration, causing a split within the Republican Party to vote on the bill. Conservative Republicans had said that if the bill did not include language opposing Obama’s executive actions they would not be supportive of the bill.

The leader of the House of Representatives, Boehner, placed the blame on Republican inability to break a Democratic filibuster in the Senate and for failing to impose conditions on the bill, a prerequisite for Republican votes. The outcome of the bill was a victory for Democrats who were able to effectively block the Republican agenda by preventing them from placing immigration restrictions on the bill.

Boehner has spent the last few months struggling to keep the Republic front united against Democrats in the Senate, who have pushed back against Republican pressure. During his re-election as speaker in January, some Republicans were re-considering voting for Boehner. Boehner still remains the subject of criticism within his own party; the only common denominator bringing the Republican Party together remains their hard line stance on immigration and border security. During a closed door caucus addressing the GOP, Boehner said that Republicans have one last card to play—Judge Hanen’s decision to halt implementation of President Obama’s executive actions on immigration. Hanen’s decision has proved a great cause for concern for Democrats. As previously reported, dozens of states came out of the shadows accusing Obama of overstepping his executive power.

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As a refresher for our readers, earlier this week the federal government filed an expedited emergency motion to stay (prevent execution) of the injunction issued by the federal judge in Texas stopping implementation of expanded DACA and DAPA programs. The federal government warned in its motion that if judge Hanen did not act on the motion by the end of the business day on Wednesday (February 25), the government would move to the court of appeals.

As sources, such as Politico, report, the federal judge who issued the injunction indicated on Tuesday that he is not inclined to rush a decision on the federal government’s request to lift the injunction, which means that the next stop would most likely be the 5th Circuit Court of Appeal in New Orleans.

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What is DAPA? DAPA allows eligible applicants, who do not have a criminal history, and who do not otherwise pose a threat to national security, to request deferred action having met certain conditions for a period of up to three years. DAPA allows parents of US Citizen or lawful permanent resident children to be granted an employment authorization card. DAPA also safeguards individuals against deportation.

To qualify under Obama’s executive action, an undocumented parent of a U.S. Citizen or lawful permanent resident child must meet the following conditions:

  • The applicant must have lived in the United States continuously since January 01, 2010 to the present
  • The applicant must have had a son or daughter on November 20, 2014 irrespective of age or marital status, who is either a US Citizen or lawful permanent resident
  • The applicant must have been physically present in the United States as of November 20, 2014, the date of President Obama’s announcement
  • The applicant must have had no lawful status on November 20, 2014, the date of President Obama’s announcement
  • The applicant must have been physically present in the United States on November 20, 2014 and at the time of requesting DAPA with USCIS

If you have been convicted of any of the following you may not be eligible for DAPA:

  • Felony
  • Misdemeanor or three or more other misdemeanors
  • Are a threat to national security
  • Are an enforcement priority for removal

When Can I Apply? Currently applications are not being accepted, however USCIS has indicated that requests for DAPA will begin to be accepted in mid to late May of this year.

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USCIS has recently announced that applications for expanded Deferred Action for Childhood Arrivals (DACA) will begin to be accepted starting February 18, 2015. Applications will not be accepted before this date. President Obama has expanded the population eligible for DACA to unlawful individuals who entered the country before the age of 16, and who have continuously resided in the United States since January 01, 2010 regardless of their current age. The expanded DACA program will grant eligible applicant’s an employment authorization card and ‘deferred action status’ that is good for a period of three years. Previously, DACA was only good for a period of two years, had stricter age and residency requirements.

How is the Expanded DACA program different?

  • The initial DACA program was only good for a period of two years, now it is good for a period of three years
  • Expanded DACA removes the requirement that an individual must have been born before June 15, 1981
  • Expanded DACA removes the requirement that individuals must have resided in the United States continuously since June 15, 2007, the new marker is January 01, 2010

To be eligible for the Expanded DACA program you must meet the following requirements:

  • You must have entered the United States before 16 years of age
  • You must have continuously resided in the United States since January 01, 2010, up to the present time
  • You can be of any current age to benefit
  • You must have had no lawful status on June 15, 2012
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the U.S. armed forces or U.S. Coast Guard; and
  • Have not been convicted of a felony, significant misdemeanor or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

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This week the White House announced that President Obama’s executive action on immigration could stimulate California’s economy as much as $27.5 billion. According to White House advisor Cecilia Muñoz, the executive action could potentially increase wages and productivity in one of the country’s largest economies. The White House Council of Economic Advisors estimates the executive action could raise the country’s gross domestic product up to a figure of $90 billion over the next ten years.

This is not surprising given that Obama’s executive action will allow eligible applicant’s to receive employment authorization cards, thereby expanding the labor force and allowing immigrants the flexibility of seeking new jobs that were not previously available to them. A young, vibrant, employed immigrant population is sure to spark innovation and entrepreneurship at a rate that was not previously available with the restrictive DACA program. The order will allow some foreign workers who are occupying high-skilled fields the ability to benefit from employment portability while awaiting their permanent residency status. The acquisition of work permits will allow eligible immigrants to obtain better paying jobs. Higher incomes would result in greater expenditures and therefore a higher amount of taxes paid.

An analysis published by the President’s Council of Economic Advisers (CEA) revealed that the executive actions on immigration would boost economic output by an estimated figure of 0.4 to 0.9 percent over a period of time years, increasing the country’s GDP from $90 billion to $210 billion by 2024. By allowing foreign workers to come out of the shadows, the productivity of the American workforce as a whole will increase, since workers will find jobs that are best suited to their skills and potential. The White House contends that this labor shift will also allow native workers to specialize in jobs that are best suited to their skills and ability. Altogether, greater productivity and a larger workforce will result in: wage increases for all workers, increased tax revenues, and a reduction of the deficit. The analysis makes the claim that the executive actions would not adversely affect employment options for native workers. To read the complete publication please click here.

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Today, January 14, 2015 the Republican-led House of Representatives made their first step toward attempting to dismantle major provisions of Obama’s executive order, an order which will make millions of undocumented immigrant’s eligible for employment authorization and will prioritize deportations based on criminal history. For those who believe all Republicans will be supporting the vote, think again. Many republicans have voiced their concern in the House, fearing that the GOP will have to endure backlash from the immigrant and more liberal population for many years to come. Democrats have said that they will filibuster the bill, while some reluctant Republicans plan on joining the ranks of the opposition. It is very unlikely that there will be enough votes, for the bill to gain momentum, and of course Obama will not be giving his support by signing the bill. The existence of the bill indicates that there is a lack of consensus between Republicans and Democrats as to what comprehensive immigration reform will look like and how far each party is willing to push the envelope.

The majority of Republicans simply do not believe the order is within the purview of Obama’s executive powers and do not want the President overstepping his boundaries. The bill however is helpful in that it has stimulated much debate between the parties which is exactly what is needed to bring about bipartisan support for comprehensive immigration reform. The House will be discussing the budget it will appropriate to the Department of Homeland Security, which will run out of congressional funding at the end of February. Congress can use the power of the purse to their benefit and withhold financing, in opposition of Obama’s executive order.

All in all, 26 House Republicans voted in opposition to an amendment that would end Obama’s 2012 executive order which allowed undocumented immigrant children, known as Dreamers, to stay in the country legally. The amendment passed 218 to 209, all votes from Republicans. The funding bill for the Department of Homeland Security passed 236 to 191. Further amendments of the bill are expected. What is clear: Republicans are making their voice heard. We will keep you updated on the final outcome in the coming months.

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imagePresident Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014.

2014 was a big year for immigrants for several reasons:

  • AB 60 California Driver’s License Applicants: Beginning January 01, 2015 undocumented immigrants can start the process of obtaining their driver’s licenses under AB 60 at their local DMV field office
  • Executive Action: Beginning February 2015, eligible applicants can apply for the expanded DACA program which shields undocumented individuals from deportation who were brought to the United States illegally as children, our office will be providing you with further updates early this year
  • Beginning May 2015 eligible parents of U.S. Citizens and lawful permanent residents can apply for deferred action thereby protecting them for deportation and allowing millions of parents to be eligible for employment authorization

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Jose came into our office yesterday.  He had been here before.  About a year ago he came in to have a consultation with us and it seems we didn’t have the “right” answers that he wanted to hear.  This led to Jose searching for what he really wanted to hear.

For the past year, Jose has visited several immigration attorneys to confirm the information we had already given him.  The answer was always the same; except one day he found one attorney who gave him hope.  Unfortunately, the attorney took his hope, his money, and didn’t do anything to help.

We hear this story often and there isn’t a week that goes by where we don’t see a person who has entrusted their life and their savings to an inexperienced attorney, or worst yet, to an unscrupulous attorney or immigration consultant.  There are times that we have to give people the bad news – that there is nothing that can be done to help them.  The person is usually devastated and in their desperation will state “I’ll find a better attorney and he will be able to help me.”  The truth is, if you search for the answer you want to hear, you will always find someone who are willing to help you; that is they are willing help you be separated from your money – leaving you hopeless.

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