U.S. Supreme Court Reject Trump request to block DACA – DACA Renewals will Continue

(CNN) February 26,2018 – The Supreme Court announced it will stay out of the dispute concerning the Deferred Action for Childhood Arrivals (DACA) program for now, meaning the Trump administration may not be able to end the program March 5 as planned.

In an order, the justices declined a request from the Trump administration to review a lower court opinion that temporarily blocked the government’s effort to end the program.

The court’s order means the case will continue in the lower courts and DACA renewals can continue. (more…)

DACA Deportation – Federal Judge Rules Trump Cannot End #DACA

By Stephen Dinan – The Washington Times – Tuesday, February 13, 2018

A federal judge in New York ruled Tuesday that the government must fully restart the Obama-era DACA deportation amnesty and accept brand new applicants as well as renewals, throwing a potential wrench in the ongoing debate over the fate of “Dreamers” on Capitol Hill.

Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so — and the Homeland Security Department’s September 2017 rationale fell far short of what is required in that regard.

He becomes the second judge to rule President Trump’s aides bungled the phaseout — but his decision is the most wide-ranging, ordering the government to not only allow those already in the program to renew their applications but also ordering the government to accept new applications.

“The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so,” wrote Judge Garaufis, a Clinton appointee to the court. “Based on its review of the record before it, the court concludes that defendants have not done so.”

The judge said the Trump administration can still rescind the program in the future if it does it the right way.

And he said the administration doesn’t have to approve any specific DACA applications. But it must begin to process applications again.

Trump Immigration Framework = End Chain Migration + End Visa Lottery + Border Wall + Legal Status for DACA

No bill or legislation has been introduced by the Trump administration and no legislation has been signed into law.  All you have heard is a whole lot of talk on immigration.  The one page outline introduced by the Trump administration proposed a long path to citizenship for 1.8 million DACA (or young immigrants who entered the U.S. before age 15) in exchange for a massive border package, cut to chain migration, and complete elimination of the diversity visa.  The language in this one page outline is very vague and gives very few details.

Border Wall

The one page outline proposes massive increases in enforcement dollars including a $25 billion “trust fund” for a “border wall system,” as well as additional funds for the Department of Homeland Security’s other enforcement activities. The bill would also expand the use of a fast-track deportation process, known as expedited removal, to remove those who overstay their visas.

Visa Lottery

Secondly, the framework criticizes and eliminates the diversity visa lottery program, claiming it is a program “riddled with fraud and abuse and does not serve the national interest.” Although the framework states that it would reallocate those visas to reduce the lengthy backlogs in the family-based and high-skilled employment-based categories, it is unclear how exactly it would be done.

End Chain Migration (aka Family Immigration)

The framework also proposes drastic cuts to legal immigration, in what could be a 50 percent decrease in green cards issued annually. These cuts to legal immigration are accomplished in two ways. First, it redefines the nuclear family by only allowing U.S. citizens and permanent residents to sponsor only their spouse and minor children, ending the visa categories that allow them to reunite with adult children, siblings, and parents.

In other words, U.S. Citizens and lawful permanent residents would no longer be able to file an immigration petition for brother/sister, adult children (over age 21) or parents under Trump immigration framework.

The issue really comes down to is restricting immigration. Immigration restrictionists want to see lower total numbers of immigrants coming in to the U.S. – even if that means targeting legal immigration vehicles like the family visa programs. Currently, family-sponsored immigration tools account for 65% of new legal immigrants to the U.S. every year, so restricting use of the tool would dramatically reduce immigration numbers.

The reality is that 2018 is a mid-term election year and Republicans will NOT be on-board to grant 1.8 million DACA immigrants legal status even if it means cutting chain migration (family immigration).  Again, immigration is FEDERAL LAW and laws start out as proposed bills that get introduced into Congress and must pass by majority vote and then get signed into law by a President. None of the above has happened – no bill, no legislation, no voting, no signing. (more…)

Judge Blocks Trump’s Plan to End DACA

On January 11, 2018, A California federal judge issued a nationwide injunction to prevent the Trump administration from proceeding with its plan to roll back or end DACA (Deferred Action for Childhood Arrivals) program, allowing its beneficiaries to reapply for work authorization and deportation protection.

The Trump administration announced the move to end DACA program last September with a planned end for early March. DACA protected young undocumented immigrants who came to the US as children from deportation.  The judge said a nationwide injunction was “appropriate” because “our country has a strong interest in the uniform application of immigration law and policy.”

“It is important to remember, however, this is temporary relief by a single federal district court judge, it should not take the pressure off of Congress to do the right thing and enact a permanent solution for these young people,” said Karen Tumlin, legal director of the National Immigration Law Center, which advocates for rights of immigrants.

(more…)

Trump Administration Says Nearly 200,000 Salvadorans Must Leave U.S.

Nearly 200,000 people from El Salvador will have to leave the United States after living here for more than a decade, the Trump administration announced on January 8, 2018. U.S. Department of Homeland Security officials said that they were ending a humanitarian program, known as Temporary Protected Status (TPS), for Salvadorans who have been allowed to live and work legally in the United States since a pair of devastating earthquakes struck their country in 2001.

Temporary Protected Status (TPS) for El Salvador will end on September 9, 2019. Salvadorans were the largest group of foreigners benefiting from temporary protected status, which shielded them from deportation if they had arrived in the United States illegally. The decision came just weeks after more than 45,000 Haitians lost TPS granted after Haiti’s 2010 earthquake, and it suggested that others in the program, namely Hondurans, may soon lose them as well. Nicaraguans lost their protections last year.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2018, Law Offices of Gail S. Seeram. All Rights Reserved.

Expanded Travel Ban on North Korea, Venezuela, etc.

According to the New York Times, starting next month, most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea will be indefinitely banned from entering the United States – yet another unconstitutional #Trumptravelban.  Citizens of Iraq and some groups of people in Venezuela who seek to visit the United States will face restrictions or heightened scrutiny.

The new order is more far-reaching than the president’s original travel ban, imposing permanent restrictions on travel, rather than the 90-day suspension that Mr. Trump authorized soon after taking office.

Students on F-1 visa or investor with E-1/E-2 or L-1 visas who are already in the United States can finish their studies and employees of businesses in the United States who are from the targeted countries may stay for as long as their existing visas remain valid. People whose visas expire will be subject to the travel ban.

The proclamation imposes the most severe restrictions on Syria and North Korea, which Mr. Trump says fail to cooperate with the United States in any respect. All citizens from those countries will be denied visas to enter the United States once the proclamation goes into effect.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

DACA Expiration – Steps going forward…

On Sept. 5, 2017, the Trump administration announced the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama.  Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from DACA and have valid employment cards so they can work and attend college.  All DACA recipients have no criminal history and are law abiding young immigrants who entered the U.S. under the age of 15.  The Trump administration has indicated that he is willing to provide some protection to young immigrants but he wants Congress to pass a bill into law.  To date, no such legislation has been successfully passed into law and that is why President Obama executed an executive order implementing DACA.  Below are common questions about the DACA expiration.

Questions about DACA/Employment Card Phase-out:

  1. Can I renew my DACA before it ends in March 2018?  Yes, if your DACA expires between Sept. 5, 2017, and March 5, 2018, U.S. Citizenship and Immigration Services must receive your properly filed I-821D DACA renewal request on or before Oct. 5, 2017.
  2. What is my DACA expired before September 5, 2017 and I did not submit a renewal application? The DACA process is no longer available to you and you cannot file for renewal.
  3. What can I do is I lost my DACA employment card?  You can file to replace your lost DACA employment card.
  4. What will happen to current DACA holders?  Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.
  5. When DACA ends, will those cases be referred to ICE for enforcement/deportation? Information provided to U.S. Citizenship and Immigration Services (USCIS) in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE (such as criminal conviction or meeting other grounds for removal).  This policy may be modified, superseded, or rescinded at any time.
  6. Can DACA recipients apply for advance parole to travel outside the U.S.?  Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole.  USCIS will administratively close all pending Form I-131 applications for advance parole under standards associated with the DACA program, and will refund all associated fees.
  7. What is breakdown of DACA expiration due to DACA phase-out?  From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire. From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire.

For more information on DACA expiration, contact Gail Law Firm:

Email: Gail@GailLaw.com

Phone: 1-877-GAIL-LAW or 407-292-7730

www.MyOrlandoImmigrationLawyer.com

FREE in-office consultation – FREE Live Chat

 

Copyright © Law Offices of Gail S. Seeram, 2017. All Rights Reserved.

Immigration Reform Under Trump – Impossible!

Trump’s  recent actions and words indicate that immigration reform under Trump presidency will be impossible.  His latest pardon of Arizona Sheriff Joe Arpaio, a racist who violated the Constitution in his mad pursuit of illegal immigrants is a strong indication of Trump stand on immigration – apprehending illegal immigrants even if in violation of the Constitution.  Also, Trump is threatening a government shutdown in terms of not approving the budget if the U.S.-Mexico border wall is not built.

In 2006, Congress unsuccessfully tried passing an immigration bill that required undocumented immigrants to pay a fine and any back taxes to apply for a six-year worker visa but the House did not vote to pass the bill.  Again, in 2013, an immigration bill that would grant a 13 year path to citizenship to unauthorized immigrants did not get enough votes to become law.

Immigration reform under Trump is highly unlikely since his priority is appealing to his “America First” base who have forgotten that their great-grandparents or great-great-grandparents were also  immigrants.  The only immigration reform under Trump is the inhumane treatment of humans whose only mistake is seeking a better life in the greatest country in the world!

For more information on immigration reform under Trump,

email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2016, Law Offices of Gail S. Seeram. All Rights Reserved.

28% Increase in Orders of Removal Under Trump

Courtesy of Law360.com – reporting by Allissa Wickham. Editing by Christine Chun.

Between the time President Donald Trump took office earlier this year and the end of July, nearly 50,000 unauthorized immigrants were ordered removed from the U.S., a 28 percent increase over last year, according to statistics released Tuesday by the immigration review branch of the U.S Department of Justice.

The DOJ’s Executive Office of Immigration Review collected the data, which also indicated that total orders of removal combined with voluntary departures by immigrants in the U.S. between Feb. 1 and July 31 were up close to 31 percent over that same period last year. Final decisions issued by immigration judges also rose 14.5 percent during that time frame this year, the DOJ statement, which featured only timeline statistics, said on Tuesday.

Between Feb. 1 and July 31 this year, 49,983 unauthorized immigrants were ordered removed, compared to 39,113 last year. Another 7,086 unauthorized immigrants agreed to voluntarily depart the U.S., bringing the total removal and voluntary departures so far this year to 57,069. The total orders of removal and voluntary departures in that same six months last year was 43,595.

There was also a total of 73,127 final decisions issued by immigration judges between February and the end of July this year, compared to 63,850 issued in that window last year.

The boost in orders of removal over last year could be the product of Trump’s signing of an executive order on Jan. 25 requiring more stringent enforcement on immigration.

The order called for the hiring of 10,000 more immigration officers, targeted funding for so-called sanctuary cities and revived a controversial information sharing program known as Secure Communities, which allows fingerprints of arrested individuals to be checked against U.S. Department of Homeland Security databases.

According to the DOJ statement on Tuesday, the agency mobilized more than 100 existing immigration judges to DHS detention facilities across the country after Trump signed his Jan. 25 order. More than 90 percent of the cases those new judges oversaw resulted in orders or removal requiring unauthorized immigrants to depart or be removed, the DOJ said.

The Justice Department has also hired an additional 54 immigration judges since Trump took office “and continues to hire new immigration judges each month,” its statement said. (more…)