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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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Texas AG Paxton files lawsuit against Biden admin to reinstate ‘Remain in Mexico’ policy

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According to this article on Fox News, by Michael Lee

“Texas Attorney General Ken Paxton has filed a lawsuit in an effort to force the Biden administration to reinstate former President Trump’s “Remain in Mexico” policy after the Supreme Court refused to block a lower court ruling that the policy must be reinstated.

“It looks like to us they’re just stalling,” Paxton told Fox News when asked about what the Biden administration has done to reinstate the policy. “We don’t know for sure all of the facts, that’s why we want discovery. But it seems like they’re using the excuse that they haven’t worked out their arrangement with Mexico.”

The lawsuit, which is being supported by the State of Missouri and was filed Thursday, accuses the Biden administration of ignoring the court’s order to reinstate Migrant Protection Protocols, which forces migrants to remain in Mexico while they await immigration proceedings in the United States.”

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Senate Democrats hit roadblock in bid to help millions become U.S. citizens

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According to this article on Reuters, by David Shepardson

“WASHINGTON, Sept 19 (Reuters) – Senate Democrats hit a major roadblock on Sunday in their effort to allow millions of immigrants to legally stay in the United States, after the Senate Parliamentarian ruled against attaching the measure to a $3.5 trillion spending bill, lawmakers said.

The provision aimed to give a path to citizenship for millions, including so-called Dreamer immigrants, brought to the United States as children, who are protected from deportation under the Deferred Action for Childhood Arrivals (DACA) program.

Farmworkers, essential workers and immigrants with temporary protected status, which gives work permits and deportation relief to those hailing from nations hit by violence or natural disasters, also stood to benefit.”

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H-1B visa: Is it the end to Trump-era immigration rules?

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According to this article on Study International, by Study International Staff

“International students in the US can breathe a sigh of relief with this latest H-1B visa news: Trumpian H-1B visa rules are now at their legal end following a court order. It’s a move that’s been building over the past year; critics hope it will pave a fresh path for student immigration, retaining top international graduates to build the US economy.

Analysis from the National Foundation for American Policy (NFAP) shows that H-1B visa denial rates have been on the decline since these rules have either ended or been reversed. It dipped to 7.1% in the first half of 2021, compared to the 28.6% recorded in the same period in 2020.

The US accepts a maximum of 85,000 H-1B visa petitions from companies every year. Several rules introduced towards the end of the Trump administration made it hard for foreign-born scientists and engineers to qualify for H-1B status. Another Trump-era rule sought to replace the H-1B lottery with a salary-based scheme, further complicating entry for qualified foreign graduates.”

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