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DACA Recipients Can’t Utilize This Immigration Law to Gain Pathway to Citizenship

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Deferred Action for Childhood Arrivals DACA

U.S. Citizenship and Immigration Services (USCIS) will more closely scrutinize advance parole requests from DACA participants, according to new guidance issued on August 24.  The guidance closes an Obama administration policy that thwarted our immigration laws and put Deferred Actions for Childhood Arrivals (DACA) recipients on a path towards citizenship. According to USCIS, the agency,

U.S. Citizenship and Immigration Services (USCIS) will more closely scrutinize advance parole requests from DACA participants, according to new guidance issued on August 24.  The guidance closes an Obama administration policy that thwarted our immigration laws and put Deferred Actions for Childhood Arrivals (DACA) recipients on a path towards citizenship.

According to USCIS, the agency will only grant advance parole to DACA participants on a case-by-case basis for “urgent humanitarian reasons or significant public benefit.” Circumstances that could warrant the granting of advance parole include travel to support a national security interest of the United States, travel to support federal law enforcement interests, travel to obtain life-sustaining medical treatment not available in the United States, or travel needed to support the immediate safety, well-being or care of an immediate relative.  The guidance also states that even if the DACA requester meets these requirements, USCIS may still deny the advance parole request.

Advance parole is an administratively created tool that allows an illegal alien to leave the United States with the promise of being “paroled” back into the country when they returns.  It allows those who are residing illegally in our country to circumvent provisions in our immigration laws that would normally bar their readmission after leaving.

By granting the DACA recipient advance parole, USCIS has now allowed that individual to enter the country legally, thus allowing the DACA recipient to change their illegal status into a legal one.  At that point, they can apply for a green card while in the United States instead of being required to go back to their country to wait.

Generally, aliens who have been residing in the country illegally for long period of time simply cannot return to the country if they leave. Immigration and Naturalization Act (INA) Section 212(a)(9)(B) bars the admission of aliens who have been illegally present in the U.S. between six months and a year for three years; it also bars the admission of aliens who have been illegally present in the U.S. for over a year for ten years. (INA § 212(a)(9)(B)) But, by paroling them into the country, the 3- and 10-year bars do not apply. It is a backdoor to permanent residency.

The Obama administration did require advance parole for DACA participants to travel outside the United States. If, on or after August 15, 2012, they traveled without first receiving advance parole, their departure would automatically terminate their deferred action under DACA.

However, this new guidance is a major shift in the right direction from the Obama years. Since Congress rejected mass amnesty legislation, the Obama administration abused the advance parole program as it applied to DACA recipients. During the Obama years, USCIS would grant advance parole for educational, humanitarian or employment purposes. According to the Obama-run USCIS, educational purposes included, but weren’t limited to, a semester abroad or academic research. This greatly expanded the number of DACA recipients able to get advance parole and eventually a green card.

In fact, in response to a congressional inquiry, the Obama USCIS admitted it was putting DACA participants on a path towards citizenship which allowed several Southern California universities to assist DACA students to exploit our immigration laws.  These educational institutions created “study abroad programs” for DACA students to get advance parole to essentially visit their families before returning to the U.S. with lawful status.

The new USCIS guidelines issued on August 24 ensure that DACA participants will no longer be able to use advance parole as a tool for gaining a path to citizenship.

Source: DACA Recipients Can’t Exploit an Immigration Law to Gain Pathway to Citizenship

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Biden administration tries to tackle large backlog in asylum cases

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According to this article on Fox 43, by Claire Bermudez

“The Biden administration is reportedly moving forward with a plan to shift where asylum cases are handled, in an effort to tackle a sizeable backlog in applications.

The plan, as NPR reports, would try to speed up processing by allowing officials at the Department of Homeland Security to rule on claims without sending them to immigration court, where it would be ultimately up to immigration judges.”

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32 Children Who Were Deported To Guatemala Last Year In Violation Of A Court Order Have Yet To Be Brought Back

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According to this article on BuzzFeed News, by Hamed Aleaziz

“Thirty-two unaccompanied immigrant children who were deported to Guatemala despite a judge’s order have yet to be brought back to the US to apply for asylum, six months after the government admitted it was in the wrong. Now, immigration advocates are ramping up pressure on the Biden administration to speed up the process.

“It has been months since these children were expelled in violation of a court order and we need answers immediately,” said Lee Gelernt, an attorney with the ACLU who led the lawsuit challenging the Trump-era policy. “The children need to be given a chance to speak to us as counsel and the option to return to the US if they choose.””

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Biden administration to resume fast-track deportation procedure for migrant families

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According to this article on WDJT-TV, by CNN

“(CNN) — The Biden administration is planning to speed up deportations for some migrant families who cross the US-Mexico border, the Department of Homeland Security said Monday.

Certain families will now be subject to the fast-track deportation procedure known as “expedited removal,” which allows immigration authorities to remove an individual without a hearing before an immigration judge. The procedure will apply to families who are not swiftly expelled under a pandemic-related border policy.

It’s the latest indication of the Biden administration’s wariness over migrants, including those seeking asylum, journeying to the US southern border. Asked about Vice President Kamala Harris’ “don’t come” message to migrants, President Joe Biden reiterated that “they should not come” during a CNN town hall last week, adding that the administration is trying to tackle the root causes of migration.”

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