Connect with us

Courts / Judicial

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

Published

on

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

,

Continue Reading

BREAKING

DOL And DHS Interim Final Rules Halted By Court Order

Published

on

By

Supreme court of california main court house

As noted on Mondaq.com, written by Cheryl J. Gardner , Jason Burritt and Michelle Gergerian  of Seyfarth Shaw LLP

and on this direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”).

The DOL rule, which took effect on October 8, 2020, significantly increased prevailing wage levels for H-1B, H-1B1 and E-3 programs and the permanent labor certification (PERM) program.

The DHS rule was scheduled to take effect on December 7, 2020 and would have placed further restrictions on the H-1B program, including in particular narrowing the definition of “specialty occupation.”

The Court Order, effective immediately, found that the agencies did not show good cause in bypassing the notice and comment period, required by the Administrative Procedures Act.

For more information, again here’s the direct link:  https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

Continue Reading

Courts / Judicial

Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

Published

on

By

second asylum ban ends

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts. In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial,

 

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. Two Massachusetts district attorneys, the public defender’s office and a non-profit immigrant advocacy organization filed a lawsuit against ICE and asked for a preliminary injunction against the practice. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts. The district court agreed, and granted an injunction last year.

At issue is a claim that the INA implicitly incorporates a common law privilege that protects those attending court from being subject to civil arrest. While nothing in the text of the INA prohibits these types of courthouse arrests, the plaintiffs argued that the law must be read in light of the nonderogation canon, a method of statutory construction that holds that courts must assume Congress is aware of long-standing common law principles and, absent express language to the contrary, intends to keep them.

Judge Bruce Selya wrote Tuesday that “the nonderogation canon does not give courts carte blanche to read a grab bag of common law rules into federal statutes simply to effectuate what those courts may perceive as good policy.” The circuit court held that the nonderogation canon applies if the facts of the common law rule and the statute in question are sufficiently analogous. The common law prohibited civil arrests at court by private litigants, while here the arrests are being carried out by a government agency. The panel vacated the preliminary injunction and remanded the matter back to the district court.

Rachael Rollins, district attorney for Suffolk County and one of the plaintiffs in the case, said in a statement that “this fight is far from over” and that the plaintiffs “are absolutely on the right side of justice here.”

The post Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses appeared first on JURIST – News – Legal News & Commentary.

Source: Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

,

Continue Reading

Courts / Judicial

Searching for Hope Among the Ruins of Our Asylum System

Published

on

By

IMMIGRATION REFORM NEWS ASYLUM IMMIGRANT CARAVAN

If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone. You are not alone in your dread of the next,

If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone.

You are not alone in your dread of the next case certified to the Attorney General, the next BIA published decision, the next proposed rule, the next executive order, the next policy change…and the ensuing scramble to understand how it impacts your clients who have been waiting in the backlog for months or years. You are not alone in feeling like you just can’t keep up with it all.

You are not alone in the justified outrage at how children and families have been treated by the administration. You are not alone in feeling ashamed by the way this country now treats those seeking protection at our borders.

You are not alone in feeling like every immigration court hearing is like pushing back against an ocean of injustice; there is no due process, no fundamental fairness for asylum seekers anymore.

You are not alone in sometimes, perhaps even often, feeling hopeless.

But, you are not alone. There are thousands of others working on these issues, fighting for what’s right. We are a regiment of seasoned asylum practitioners who know the ins and outs of this complex area of law and how to practice it effectively. We are the newcomers to asylum law who may feel uncertain but who know deep in our souls that fighting these battles is what we are called to do. We are the lawyers who take on pro bono asylum cases even when that requires preparing witnesses for their testimony while simultaneously entertaining our toddlers because our offices are now our dining room tables.

We are in this together, and that is what makes me feel inspired and determined, rather than hopeless.

Serving as chair of the upcoming AILA Virtual Asylum Conference and planning the program is one way that I’ve been reminded that we’re not alone, that we are part of a community of talented, passionate attorneys still fighting to keep asylum alive.  Join me as we lay out the sweeping policy changes to the U.S. asylum system and the ever higher hurdles for asylum seekers and their advocates that the administration has implemented. Join me as we work through where litigation and advocacy efforts to combat the administration’s changes stand. Join me in fighting for asylum seekers in this country (and supporting each other in those efforts!). I promise you that you will leave this virtual conference with a solid understanding of where things stand and what that means for your clients, as well as expert guidance on new strategies to employ at the border and in the immigration courts as we continue to fight for asylum seekers and the soul of our nation.

I know this is a tough fight to keep up. I know you feel tired. But we can lift each other up, help each other succeed, and save our clients’ lives.

Source: Searching for Hope Among the Ruins of Our Asylum System

Photo by Adam Smotkin on Unsplash

,

Continue Reading

PERM Recruitment Advertising

PA-250-300

Immigration Impact

Immigration Links

Trending

Copyright © 2020 IMMIGRATION REFORM NEWS