Visa Lawyer Blog

Articles Posted in Deferred Action and DREAM Act Students

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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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By Ekaterina Powell, Esq.

As you may already know from reading our prior posts, on February 16, 2015, the Texas federal district court issued a preliminary injunction to stop expanded DACA (expanded guidance concerning deferred action for certain individuals who came to the United States as children) and DAPA (deferred action for the parents of U.S. citizens or lawful permanent residents) from going into effect. The case is known as Texas v. United States, the Lawsuit Challenging DAPA and DACA Expansion.

The decision came only two days before USCIS was supposed to start accepting applications under Expanded DACA guidelines issued by the President in November of 2014.

The decision was a surprise to many of those who were prepared to file their applications on February 18, 2015.

What does the preliminary injunction mean?

Since the preliminary injunction was issued, USCIS cannot accept any applications under expanded DACA, which was supposed to become effective on February 18, 2015, and will not implement its policies regarding DAPA, the program that was set to start in May 2015.

This injunction also affects those who file for extension of their existing DACA. Since expanded DACA rules have not become effective, USCIS will continue to issue employment authorization documents (EADs) for renewals of existing DACA requests for two-year periods as opposed to three-year periods.

What is a solution?

After the preliminary injunction was issued, the federal government promised to appeal the decision of the Texas district court in the Court of Appeals. However, an appeal can take a considerable amount of time and delay can detrimentally harm millions of families, causing unnecessary deportation for those who could qualify under expanded DACA and DAPA relief.

In order to prevent the harm caused by the appeal’s delays, today, February 23, 2015, the federal government filed an emergency expedited motion to stay,  pending appeal, its February 16 Order.

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On Monday February 16, 2015 Judge Andrew Hanen of the U.S. District Court in Brownsville, Texas issued a preliminary injunction temporarily preventing President Obama’s executive actions on immigration (expanded deferred action) from going forward. The injunction does not make Obama’s executive actions illegal, however it does prevent the Obama administration from implementing expanded DACA and DAPA until the courts determine the constitutionality of the executive actions announced by Obama on November 20, 2014. According to Judge Hanen, 26 states brought the suit to his attention, all of whom he determined had standing to sue. A lawsuit against President Obama is expected to move its way through the court system in the coming months. The injunction claims that the President lacks the constitutional power to make such executive actions. As a result of the injunction, USCIS will no longer accept applications for DACA on February 18th the date that USCIS initially announced it would begin to accept applications. Additionally, plans to accept requests for DAPA will be suspended until further notice.

The Secretary of Homeland Security, Jeh Johnson announced that while he disagreed with the injunction, that the Department of Homeland Security would be forced to comply. Nevertheless, the Department of Justice plans to appeal on behalf of the federal government.

Will the court order affect existing DACA?

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Father Holding Daughter's Hand

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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President Obama’s executive order is looming on the horizon, as part of an alleged 10 point plan the president plans to announce as early as Friday, November 21. According to a draft proposal released by a U.S. government agency, the plan may suspend removal proceedings for millions of undocumented immigrants who came to the United States as children, as well as parents of U.S. Citizen children residing in the United States illegally, and parents of green card holders, by allowing them to benefit from a reprieve that will expand deferred action for these individuals. Among its 10 initiatives, firstly, the plan proposes to bolster border security, secondly, to improve pay for immigration officers, thirdly, to provide a 50% discount to the first 10,000 applicants whose income levels are below 200% of the poverty level in order to encourage participation, fourthly, to establish a program designed to stimulate the tech industry which could potentially offer millions of immigrants and their dependents a path to citizenship, and lastly, to prioritize removal proceedings on the basis of the severity of an immigrant’s criminal history, calling an end to the program known as ‘Secure Communities.’ This 10 point plan makes anyone who entered the United States before turning 16 and before the date of January 01, 2010, eligible for naturalization. Such a plan would thereby suspend deportation for millions of undocumented immigrants.

The proposal has not yet been announced, we would like to inform our audience to please be wary of fraudulent schemes. At this time ONLY preliminary information has been released.

Please continue to follow our blog for further updates, for more information please contact our office.  It is our goal to provide you with the most up to date immigration reform developments.

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By Lupe Lopez

Just a few weeks ago, Maria Elena came in to get information for her parents.  Her brother, a U.S. citizen, had just turned 21 and they wanted to know if the parents would be able to get their green cards when their son filed a petition for them.

While discussing the issues related to their parents’ case, we spoke to Maria Elena about her status as well.  We found that Maria Elena was 29 years old and had been in the U.S. since she was 5 years old.  She did attend school in the U.S. her entire life and was just a few credits short of fulfilling the requirements for her high school diploma when she had to drop out of high school due to pregnancy.

Maria Elena was now married to Jorge, her baby’s father but he, too, had entered the country illegally as a child and has not obtained legal status.  Jorge graduated two years before Maria Elena and was able to finish two years of community college before he had to stop going to school so he could support Maria Elena and the baby.  Even though Jorge had an Associate’s Degree in biology, he could not get a job.  His friends who had graduated with him were able to get jobs at local biotech firms, but he did not have a social security number or legal work authorization.  Both he and Maria Elena struggled to find consistent and meaningful work.

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