Texas Immigration Lawyer Blog

DACA and Immigration Update

La Puerta Waco hosted a Zoom call to talk about DACA and other Immigration news with Susan Nelson and Anali Looper of American Gateways, Waco. Here is the recording:

 

 

#USCIS proposes fee increase

I wrote a comment objecting to the increase in USCIS fees:

Comment:
I respectfully submit this comment opposing the proposed fee rule, DHS Docket No. USCIS-2021-0010.

Many of my clients struggle to save for filing fees at the present amount. Many immigrants have delayed making application for benefits for years because of the cost of the filing fees. Although fee waivers are available for some applications, applicants are also required to prove they will not be a public charge.

For example, currently a USC filing a petition for her spouse who then adjusts status, with an I-765 and I-131 is $1,760. A concurrent application will cost $2,990 (assuming the I-130 must be filed on paper to file concurrently). A USC who reaches age 21 whose parents are eligible to adjust status currently must pay filing fees of $1,760 for each parent (total $3,520). The increase to a total of $7,280 for both parents will cause many people to be unable to file, particularly where parents are older and will have more difficulty in proving they will not be a public charge.

The current length of adjudicating applications is also a heavy burden to immigrants. The delay in issuing lawful permanent residence also delays the date when the immigrant can apply to naturalize. The delay in removing the conditions from permanent residence or in issuing employment authorizations are unconscionable.

Although this might support DHS's argument for increased fees, there is no evidence to support the fact that higher fees will reduce the egregious processing times currently experienced by applicants. The costs of any fee increase should be applied to making adjudications more accessible and efficient, not to pay for enforcement or investigations, and should take into consideration the burden upon family unity.

I recognize that USCIS requires sufficient funding to adjudicate the millions of benefit requests it receives each year and, while its costs have increased, it has not adjusted its application and petition fees in approximately six years. We also acknowledge that USCIS recently exited a particularly difficult period during which Executive Branch policy initiatives impaired efficiency and exacerbated, to crisis levels, the processing backlogs with which the agency is still struggling. To make the agency’s situation even more challenging, the Covid pandemic profoundly affected its operations. Nevertheless, I believe the NPRM’s proposed fees are far beyond the amount reasonably necessary for USCIS to maintain efficient processing of newly filed cases while addressing its backlog.

Sincerely, Ms. Susan I. Nelson

DACA restored!

On July 17th, a federal court in Maryland ordered the Trump administration to restore DACA to pre-September 5, 2017 status.

This means that USCIS must accept:

• initial applications from those who have not had DACA; and
• Advance Parole applications for those with DACA who have the need to travel. 

The Trump administration will most likely resist accepting the applications and ask other courts to delay, but those who qualify should talk with an attorney or pro bono organization providing immigration advise. (NOT NOTARIOS).  

I will work with American Gateways, La Puerta and others on a pro bono clinic in Waco for initial applications. I will also represent clients submitting initial requests or Advance Parole applications.

The filing fee is $495.00. 

DACA LIVES!

DACA LIVES, BUT ... 

Yesterday, the U.S. Supreme Court held that the Trump administration did not properly end the Deferred Action for Childhood Arrivals (DACA) program. The court held that DACA can be ended and provided a road map for how to end DACA correctly.

President Trump tweeted today that his administration "will be submitting enhanced papers" to end DACA.  

The Supreme Court decision means that DACA should be fully reinstated, allowing for first time DACA requests. However, it requires action from the administration for this to happen, and President Trump tweeted today that his administration "will be submitting enhanced papers" to end DACA.  

Here are the answers to the questions I have been receiving:

1. Can I apply for DACA now if I have never had it before? Not at this time.
2. Can I apply for permission to travel if I have DACA? Not at this time. 
3. Should I renew my current DACA? Yes, if your DACA expires this year, submit an application as soon as possible. If your DACA expires within the next year, you should consider submitting a renewal to extend your DACA. 

 

President Trump's Suspension of Immigration targets families

Maria (far right) will be separated from her permanent resident husband and U.S. citizen children while President Trump's suspension of immigration is in effect. 

On April 23, President Trump issued a proclamation suspending the entry into the United States of aliens as immigrants subject to some exceptions. Not all family immigration is suspended, but the spouses and children of permanent residents and the parents and siblings of U.S. citizens are not allowed to enter. 

The suspension affects Maria and her family. Maria is a stay-at-home mom who has been separated from her family since August 2019 when she went to the consulate in Cd. Juarez, Mexico, for an immigrant visa interview. She has since filed and been approved for a waiver and her case is ready for an immigrant visa to be issued. The suspension will increase the hardship that her family has suffered because of the separation.

Her three citizen children have had their 7th, 14th and 21st birthdays without their mother.  They are experiencing depression and anxiety because of the separation. Her youngest child spends many nights crying himself to sleep and only feels really happy when he is able to video chat with his mother. The COVID-19 crisis has increased their need for their mother. 

Her permanent resident husband is recovering from colon surgery while being the single parent to two depressed and anxious minor children. He desperately needs his wife of 29 years to be with him and their family. 

The Proclamation furthers the President's long-term goal of limiting or ending the immigration of family members of U.S. citizens and permanent residents. The Washington Post reported that in a recorded call, Stephen Miller, the chief architect of the president’s immigration agenda told supporters that the Proclamation will "usher in the kind of broader long-term changes to American society he has advocated for years, even though the 60-day measures were publicly characterized as a “pause” during the coronavirus pandemic." 

The Trump administration has been trying for years to scrap the family-based U.S. immigration model, which Miller and other restrictionists call “chain migration.” Instead, the White House favors a more restrictive system based on job skills and U.S. labor market demands.

For now, Maria and her family are the victims of a policy that targets families and not workers. 

 

ICE Raids -- What if they come to your house?

ICE Raids are reportedly beginning this week. Although Waco is not one of the cities that is said to be a target, these materials from AILA will help in preparing for and responding to ICE enforcement actions.

Houston is the only Texas city that is listed as a target for raids. An excellent resource there is The Houston Immigrant Rights Hotline 1-833-468-4664 (1-833-HOU-IMMI),
Monday-Friday/lunes-viernes, 9am-5pm (English, Spanish, Arabic, Chinese, French, Hindi,
Russian, Vietnamese, Korean)

If ICE visits your HOME: 

• Don't open the door unless they have a valid search warrant signed by a Judge (not an ICE or DHS official).
  • If the officers say they have a search warrant, ask them to slide it under the door or hold it up to a window so that you can see it.
  • If the warrant does not have your correct name and address you do not have to open the door or let them inside.
  • If you decide to speak with the officers, speak to them through the door or step outside and close the door. 
  • Once the officers enter your house, they will want to speak to everyone, even those not listed on the search warrant. 
• You have the right to remain silent. You do not need to speak with the immigration officers or answer any questions.
  • Tell the officers that you choose to remain silent.
  • You may refuse to show identity documents that say what country you are from.
  • DO NOT SHOW ANY FALSE DOCUMENTS.
  • DO NOT LIE.
• You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer. 
  • Tell the officers that you want to talk with a lawyer before speaking with them.
  • If you have a lawyer and a signed G-28 (proof that you have a lawyer), give it to the officer.
  • If you do not have a lawyer, ask an immigration officer for a list of pro bono (no cost or low cost) lawyers.
  • Refuse to sign anything without speaking with a lawyer.
  • IF YOU DO SIGN, make sure you understand exactly what the document says and means before you sign it. 
• You have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.

ICE Raids are expected: Resources and Reminders

ICE Raids are reportedly beginning this weekend. Although Waco is not one of the cities that is said to be a target, these materials from AILA will help in preparing for and responding to ICE enforcement actions.

Houston is the only Texas city that is listed as a target for raids. An excellent resource there is The Houston Immigrant Rights Hotline 1-833-468-4664 (1-833-HOU-IMMI),
Monday-Friday/lunes-viernes, 9am-5pm (English, Spanish, Arabic, Chinese, French, Hindi,
Russian, Vietnamese, Korean)

If ICE visits your HOME: 

• Don't open the door unless they have a valid search warrant signed by a Judge (not an ICE or DHS official).
  • If the officers say they have a search warrant, ask them to slide it under the door or hold it up to a window so that you can see it.
  • If the warrant does not have your correct name and address you do not have to open the door or let them inside.
  • If you decide to speak with the officers, speak to them through the door or step outside and close the door. 
  • Once the officers enter your house, they will want to speak to everyone, even those not listed on the search warrant. 
• You have the right to remain silent. You do not need to speak with the immigration officers or answer any questions.
  • Tell the officers that you choose to remain silent.
  • You may refuse to show identity documents that say what country you are from.
  • DO NOT SHOW ANY FALSE DOCUMENTS.
  • DO NOT LIE.
• You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer. 
  • Tell the officers that you want to talk with a lawyer before speaking with them.
  • If you have a lawyer and a signed G-28 (proof that you have a lawyer), give it to the officer.
  • If you do not have a lawyer, ask an immigration officer for a list of pro bono (no cost or low cost) lawyers.
  • You can refuse to sign anything without speaking with a lawyer.
  • IF YOU DO SIGN, make sure you understand exactly what the document says and means before you sign it. 
• You have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.

ICE Raids are expected: Resources and Reminders - What if they come to your house?

ICE Raids are reportedly beginning this weekend. Although Waco is not one of the cities that is said to be a target, these materials from AILA will help in preparing for and responding to ICE enforcement actions.

Houston is the only Texas city that is listed as a target for raids. An excellent resource there is The Houston Immigrant Rights Hotline 1-833-468-4664 (1-833-HOU-IMMI),
Monday-Friday/lunes-viernes, 9am-5pm (English, Spanish, Arabic, Chinese, French, Hindi,
Russian, Vietnamese, Korean)

If ICE visits your HOME: 

• Don't open the door unless they have a valid search warrant signed by a Judge (not an ICE or DHS official).
  • If the officers say they have a search warrant, ask them to slide it under the door or hold it up to a window so that you can see it.
  • If the warrant does not have your correct name and address you do not have to open the door or let them inside.
  • If you decide to speak with the officers, speak to them through the door or step outside and close the door. 
  • Once the officers enter your house, they will want to speak to everyone, even those not listed on the search warrant. 
• You have the right to remain silent. You do not need to speak with the immigration officers or answer any questions.
  • Tell the officers that you choose to remain silent.
  • You may refuse to show identity documents that say what country you are from.
  • DO NOT SHOW ANY FALSE DOCUMENTS.
  • DO NOT LIE.
• You have the right to speak to a lawyer. If you are detained or taken into custody, you have the right to immediately contact a lawyer. 
  • Tell the officers that you want to talk with a lawyer before speaking with them.
  • If you have a lawyer and a signed G-28 (proof that you have a lawyer), give it to the officer.
  • If you do not have a lawyer, ask an immigration officer for a list of pro bono (no cost or low cost) lawyers.
  • You can refuse to sign anything without speaking with a lawyer.
  • IF YOU DO SIGN, make sure you understand exactly what the document says and means before you sign it. 
• You have the right to contact your consulate. The consulate may be able to assist you in locating a lawyer.

Texas Misdemeanor Assault Family Violence Now a Deportable Offense

In April, the 5th Circuit held that Tex. Penal Code §22.01(a)(1) is a crime of violence and thus a crime of domestic violence if a “protected person,” such as a spouse is the victim. U.S. v. Gracia-Cantu, 920 F.3d 252, 254 (5th Cir. 2019) (citing, U.S. v. Reyes-Contreras, 910 F.3d 169, 183 (5th Cir. 2018)).

These cases reverse Fifth Circuit cases holding that Texas misdemeanor assault (§22.01(a)(1)) is not a crime of violence because it does not require direct force or intent to support a conviction. U.S. v. Villegas-Hernandez, 468 F.d 874, 880 (5th Cir. 2006).

A conviction for Texas Misdemeanor Assault Family Violence is now a deportable offense.

This effects both  Lawful Permanent Residents (LPRs) who are deportable and non-LPRs in removal proceedings who are ineligible for relief from removal.  

Immigration Consequences of Criminal Convictions: Texas Deferred Adjudication is a Conviction

Don't Learn The Hard Way. What Happens When You Find Out Too Late That Your Criminal Case Will Result In Removal Proceedings If You Are Not A United States Citizen by Walter M. Reaves, Jr. 

This is a great article by Walter Reaves about what to do when a criminal conviction is going to result in removal or deportation for non-citizens. This frequently happens when a non-citizen pleads guilty in Texas in exchange for Deferred Adjudication which is a criminal conviction for immigration purposes. 

 

Baylor Law Immigration Clinic To Host Legal Clinic for DACA Renewals

The Baylor Law Immigration Clinic is offering DACA renewal assistance to undocumented immigrants who's DACA status expires anytime before March 5, 2018. Those who's DACA status expires after March 5, 2018 are not eligible for renewal. The federal government is no longer accepting new applications.

"The deadline for renewal submissions is October 5, [2017] so we are urging DACA cardholders to file their renewal request as soon as possible," said Laura Hernández, professor of law and founder of the Clinic. "If you know someone or need to renew yours, let the Baylor Law Immigration Clinic know. We are absolutely going to help."

If your DACA status expires before or on March 5, 2018 and you would like assistance submitting a renewal, please contact the Baylor Law Immigration Clinic at 254-710-3501 or [email protected].

ALL DACA RENEWALS MUST BE PREPARED AND SUBMITTED TO THE FEDERAL GOVERNMENT BY OCTOBER 5, 2017.