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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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U.S. Supreme Court says Biden has authority to end anti-immigration policy

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According to this article on NM Political Report, by Susan Dunlap

“The U.S. Supreme Court ruled on Thursday that President Joe Biden has the authority to end the Trump-era immigration policy forbidding asylum seekers from entering the U.S.

On its final day of the 2020-2021 term, the Supreme Court agreed with Biden in Biden v. Texas that he has the authority to end former President Donald Trump’s “Remain in Mexico” policy, also known as the Migration Protection Protocols. The policy has prevented asylum seekers from entering the U.S.

Biden is still fighting, separately, the ability to end Title 42, which put controls on asylum seekers due to the COVID-19 pandemic. Trump issued that policy in the spring of 2020, saying at the time that he was protecting human health. The Biden administration has tried to lift Title 42 this year but a Louisiana federal court blocked the move in May.”

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US charges political rival in Haitian president’s killing

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According to this article on Associated Press, by Associated Press

“MIAMI (AP) — A former Haitian senator is facing charges in the United States related to last year’s assassination of former Haiti President Jovenel Moïse, authorities said.

John Joel Joseph made his initial appearance Monday in Miami federal court, according to court records. The Haitian citizen was extradited from Jamaica to the U.S. on Friday to face charges of conspiring to commit murder or kidnapping outside the United States and providing material support resulting in death, knowing or intending that such material support would be used to prepare for or carry out the conspiracy to kill or kidnap. He faces a possible life sentence.

According to a criminal complaint, Joseph and others, including about 20 Colombian citizens and several dual Haitian-American citizens, participated in a plot to kidnap or kill Haiti’s president, who was ultimately slain at his home in Haiti on July 7.

Joseph was arrested in Jamaica in January along with his wife and two sons.”

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Draft ruling shows Supreme Court overturning Roe v. Wade: report

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According to this article on The Hill, by JOHN KRUZEL

“The Supreme Court is poised to overturn the landmark 1973 decision in Roe v. Wade that protects the federal right to abortion, according to a draft majority opinion published Monday evening by Politico.

The 67-page document, described as an initial draft majority opinion, would effectively eliminate abortion protections at the federal level and hand authority over abortion access to the states. Penned by Justice Samuel Alito, one of the court’s staunchest conservatives, the opinion concludes by declaring that Roe and the court’s 1992 decision in Planned Parenthood v. Casey have no grounding in the Constitution.

“We now overrule those decisions and return that authority to the people and their elected representatives,” the opinion states. Under those cases, states were prohibited from banning abortion prior to fetal viability, around 23 weeks.”

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