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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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Analysis: Republicans see election opportunity in Biden border struggles

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According to this article on Reuters, by Ted Hesson and Matt Spetalnick

“WASHINGTON, Dec 21 (Reuters) – The leading Republican vying to unseat an Arizona Democrat in a crucial U.S. Senate race next year gets heated when he talks about Democratic President Joe Biden’s “failed border policies,” occasionally throwing in expletives when decrying their alleged financial cost and what he says is the threat they pose to Americans.

The candidate, Arizona Attorney General Mark Brnovich, is betting the message will resonate with voters Republicans need to mobilize in the 2022 elections to change the balance of power in Congress.

“Immigration in and of itself is not a bad thing,” Brnovich, himself the son of immigrants from Montenegro and Croatia, said in an interview with Reuters. “But illegal immigration undermines the rule of law.”

Echoing some of the hard-line rhetoric of Republican former President Donald Trump, Brnovich supports the construction of a wall between the United States and Mexico and tougher immigration enforcement.”

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Appeals court upholds order requiring revival of “Remain in Mexico” border policy

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According to this article on CBS News, by CAMILO MONTOYA-GALVEZ

“A federal appeals court on Monday night upheld a lower court order that required the U.S. to reinstate the so-called “Remain in Mexico” program along the southern border, complicating the Biden administration’s efforts to terminate a Trump-era policy it has strongly denounced.

Agreeing with a ruling from U.S. District Judge Matthew Kacsmaryk, a three-judge panel at the Fifth Circuit Court of Appeals said the Biden administration’s decision to terminate the policy earlier this year violated legal administrative procedures and federal immigration law.

Officially called the Migrant Protection Protocols, or MPP, the policy devised by the Trump administration required 70,000 non-Mexican migrants to wait in Mexico, often in squalid encampments and crime-ridden border towns, while their asylum requests were processed by U.S. courts.”

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Eager for new border model, Biden officials look to Europe’s reception centers

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According to this article on The Washington Post, by Nick Miroff

“President Biden’s immigration advisers are discussing proposals to set up European-style reception centers along the Mexican border that would transform the way asylum seekers are processed and potentially curb the large-scale release of migrants into the United States, according to administration officials and others with knowledge of the conversations.

The proposals remain in development, these people said, but the reception center model represents a possible breakthrough because it would reduce the number of illegal border-crossers issued a notice to appear in U.S. courts, the practice derided by Republicans as “catch and release.” It also potentially offers Democrats a more palatable alternative to the Trump-era “Remain in Mexico” program that Biden has restarted under federal court order but is reviled by immigrant advocates.”

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