Texas Immigration Lawyer Blog

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 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:

 

 

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. 

 

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.

DACA Update: What the Trump Administration end of DACA means

9/5/17 - The Trump Administration has announced that it will phase out and eventually end DACA. 

This means that as of September 5, 2017:

INITIAL APPLICATIONS: 

• USCIS will continue to process all pending initial applications accepted as of 09/05/2017.
• USCIS will reject all other new initial applications.

RENEWAL APPLICATIONS: 

• USCIS will continue to process all pending renewal applications that have been filed. 
• USCIS will continue to accept and process renewal applications until October 5, 2017 from applicants whose DACA expires between 09/05/2017 and 03/05/2018. 
• DACA recipients whose DACA has already expired are no longer eligible to renew.
• USCIS will reject all applications received after October 5, 2017. 

CURRENT DACA HOLDERS:

• DACA holders whose grant of DACA expires after 03/05/2018 will continue to hold DACA until it expires. 
• DACA holders maintain their protection from deportation and work permit until their current expiration date.

TRAVEL ON DACA ADVANCE PAROLE:

• Previously approved grants of Advance Parole remain valid and individuals may exit and return to the U.S. within the dates provided in the travel document.
• If you are outside the U.S. on a grant of Advance Parole, you should return as soon as possible. USCIS states that those currently outside the U.S. will be able to return as long as they do so before their grant of Advance Parole expires. 
• I do not recommend that any person with DACA Advance Parole leave the country even within the dates allowed on the travel document as U.S. Customs and Border Protection may deny you re-entry to the U.S. 

SOCIAL SECURITY NUMBERS:

• The SS# issued to you by the Social Security Administration is a valid SS# for life, even once your work permit and DACA grant expire. 

Bipartisan 2017 DREAM Act introduced in U.S. Senate

Photo by LongIslandWins

From Immigration Impact:

The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to citizenship for undocumented immigrant youth who entered the United States before the age of 18.

The Dream Act, if passed into law, will allow young immigrants who have called the United States home for most of their lives to begin to realize their full potential and know the sense of security that comes with living with documentation.

The Dream Act was first introduced in 2001 and has enjoyed broad bipartisan support, but has yet to pass into law.

The renewed urgency to pass this legislation comes as media speculates that the Deferred Action for Childhood Arrivals (DACA) initiative, which 800,000 Dreamers are currently protected from deportation by, could come to an end in the coming weeks or months. The threat came after a group of 10 states led by Texas asked the Trump administration to end the DACA initiative and threatened to file a lawsuit challenging it. Secretary of Homeland Security John Kelly also recently met with lawmakers on Capitol Hill and said he is supportive of DACA but that it may not survive a legal challenge.

The Dream Act of 2017 lays out a three-step path to citizenship, first providing Conditional Permanent Resident (CPR) status to undocumented youth who:

• entered the United States under the age of 18,
• entered four years prior to enactment and have since been continuously present,
• have not been convicted of a crime where the term of imprisonment was more than a year, or convicted of 3 or more offenses were the aggregate sentence was 90 days or more (with an exception for offenses which are essential to a person’s immigration status), and
• have been admitted to an institution of higher education, have graduated high school or obtained a GED, is currently enrolled in secondary school or a program assisting students to obtain a diploma or GED.
• Anyone with status under DACA is immediately granted CPR status for up to eight years, which includes work authorization.

After maintaining CPR status, individuals become eligible for Lawful Permanent Resident (LPR) status—a green card holder. In order to receive LPR status an individual must either:

• complete at least two years of higher education or
• two years of military service with an honorable discharge, or
• demonstrate employment over a total period of three years.

Additionally, LPR applicants with disabilities, who are full-time caregivers for a minor child, or an applicant whose deportation would cause extreme hardship to a U.S. citizen spouse, parents, or child can receive a “hardship waiver” which exempts them from the higher education, military service, or work requirements.

The Dreamers, for whom this bill is named, have lived in America since they were children and built their lives here. They are American in every way except for their immigration status. It is past time that this nation comes together and does right by them.

 

Waco Immigration Information Session

Immigration Information Session

Come hear Susan and other attorneys speak about:

• Current removal priorities and activities
• Your rights if you have an encounter with Immigration and Customs Enforcement (ICE) 
• DACA going forward
• Family Safety planning

March 7, 2017, 7PM

El Calvario Presbyterian Church -- 2222 Dutton, Waco, Texas

Speakers:

Susan I. Nelson, The Nelson Law Firm, P.C. and Baylor Law Immigration Clinic

Anali Gatlin, American Gateways

Michelle Tuegel, Hunt & Tuegel, PLLC

Kent McKeever, Greater Waco Legal Services (formerly Mission Waco Legal Services)

Understanding the Dangerous Implications of President Trump’s Immigration Executive Order

From the American Immigration Council by Walter Ewing

On January 25, President Trump signed a pair of immigration-related executive orders, one dealing with border security and the other with immigration enforcement in the interior of the country. The order on border security has received the most public attention—particularly the “great wall” that Trump is so anxious to build. But it is the other order that presents the greatest danger to unauthorized immigrants.

The order, Enhancing Public Safety in the Interior of the United States, effectively makes all unauthorized immigrant in the United States an “enforcement priority,” regardless of whether they entered the country without inspection or overstayed a visa, and irrespective of whether or not they have a criminal record. And the order ramps up efforts to find and remove unauthorized immigrants from the country by expanding the ranks of U.S. Immigration and Customs Enforcement (ICE) agents and transforming more local police into immigration agents.

This order is flawed at a number of levels. To begin with it is based on a false premise; that immigrants pose some kind of threat to native-born Americans. The order actually says:

“Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety.”

In reality, an enormous amount of evidence has accumulated over the past century demonstrating that high rates of immigration are associated with lower crime rates, and immigrants are less likely to commit serious crimes or be behind bars than the native-born. This holds true for both legal immigrants and the unauthorized, regardless of their country of origin or level of education. In other words, the overwhelming majority of immigrants are not “criminals” by any commonly accepted definition of the term.

A second major flaw in this order is that it treats unauthorized immigration as if it were exclusively a law-enforcement issue and nothing more. It calls for 10,000 new ICE agents; agreements between the federal government and local police that would enable the police to act as immigration agents, and consider withholding federal funding from so-called “sanctuary cities” in which police don’t ask people about their immigration status so as to maintain trust with the communities they serve. This fails to recognize that unauthorized immigration is a symptom of a larger problem: an immigration system in which avenues for legal immigration are out of sync with the economic and social forces which drive immigration.

A third key problem with this order is that it fails to establish any priorities for determining which immigrants to detain and deport first. The order states that the Department of Homeland Security (DHS) should prioritize the removal of any and all “aliens” who have been convicted of a crime, charged with a crime, or committed an act which could be construed as a chargeable crime—not to mention anyone who has crossed the border without permission or overstayed a visa. These priorities are defined so expansively as to be meaningless. Real enforcement priorities would zero in on violent criminals first—not unauthorized immigrants driving in a car with a broken tail light.

In the final analysis, this executive order is little more than a crass form of immigrant-bashing. Unauthorized immigrants are stereotyped as criminals and treated as such. No consideration is given to the financial costs of new enforcement measures, the social costs of tearing apart U.S. families and communities in order to deport non-violent individuals, and the undermining of community policing by turning police into immigration agents. No matter how you look at it, this order is a disaster.

Immigrants' Loss--America's Loss

I've received many calls and emails this week. Immigrants and their supporters are anxious about what Donald Trump's presidency will mean for them. Here are a few thoughts (but no answers):

DACA

Individuals with Deferred Action for Childhood Arrivals (DACA) are worried that their lives are going to be torn apart. DACA has been an inspiration to me as I have seen young people use their education and talents to work in their chosen professions and to improve their lives and communities. It will be a great loss for these U.S. educated individuals with strong ties here to once again be unable to work or drive legally. 

President-Elect Trump has said that he intends to immediately cancel "unconstitutional executive action[s]" including DACA. It is unknown whether he will allow those with DACA to continue working until their authorizations expire or will immediately cancel all employment authorizations and deferred action. 

The loss of DACA will hurt us all. 

Removals

Individuals who are in the U.S. unlawfully are subject to removal (deportation). The Obama administration has already removed or deported more people than any other president. They have concentrated efforts on those with significant criminal convictions. Mr. Trump says he will "begin removing the more than 2 million criminal illegal immigrants from the country." The Obama administration already has the Immigration Courts backlogged for years with removal cases. The Trump administration will need to pour considerable money into the Immigration Courts to move faster than his predecessor. 

I am concerned that he will expand the definition of "criminal alien" to include minor traffic offenses, including driving without a license. This will lead to racial profiling and fear of police in our communities. 

Anti-Immigrant Advisors 

Kris Kobach, Kansas Secretary of State and author of numerous egregious and unconstitutional immigration laws (think racial profiling in Arizona), has announced that he will be on Mr. Trump's transition team to advise him on immigration issues. It is deeply troubling (but not surprising) that Mr. Kobach will be influencing immigration policy in the Trump administration. 

As I said, no answers ...

 

Supreme Court Hears Oral Arguments in U.S. v. Texas

From the American Immigration Council:

Supreme Court Hears Oral Arguments in U.S. v. Texas
Government Makes Strong Case for Moving DAPA Forward

April 18, 2016

Washington D.C. - Today, the Supreme Court heard oral arguments in United States v. Texas. The highest court will now decide whether the President’s deferred action initiatives announced in November 2014, known as expanded DACA and DAPA, move forward.

“The lawyers arguing for the deferred action initiatives made a convincing case that the law and the Constitution are on our side. As expected, the Justices asked probing questions to both sides, demonstrating they understand the high stakes involved this case,” said Beth Werlin, Executive Director of the American Immigration Council.

According to the Council’s Legal Director Melissa Crow, “Much of the argument focused on whether Texas really has standing – a sufficient stake in the outcome of the case to file a lawsuit. The arguments highlighted the fact that this is a political dispute about enforcement policies, not the type of legal dispute that should be before the Supreme Court. Texas’ arguments on standing are unconvincing. As Justice Breyer noted, a finding by the Court that Texas has standing could flood the courts with lawsuits based on all kinds of political disagreements between States and the federal government.”

President Obama’s deferred action initiatives advance common-sense enforcement priorities. To qualify for deferred action, individuals must have continuously resided in the United States since January 1, 2010, register with the government and pass a criminal background check. Instead of tearing apart families through broad enforcement actions, the President is letting law enforcement officials focus their attention on those who pose the greatest threats to public safety.

The American Immigration Council and 325 other immigrants’ rights, civil rights, labor and service-provider organizations filed an amicus brief in the case outlining how families and communities would benefit from the initiatives.