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:

 

 

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.

 

In-state tuition for undocumented still the law in Texas

Attempts to change Texas Education Code §543.052 to exclude persons "not authorized under federal statute to be present in the United States" from being considered as Texas residents eligible to pay in-state tuition were not successful in the recent legislative session. 

The "sanctuary cities" bill also failed to make it to the governor's desk. 

Julian Aguilar in his Texas Tribune article quotes JoAnn Fleming, the executive director of Grassroots America, a conservative East Texas group, as saying “It’s beginning to look as if some of those [immigration] campaign promises are ‘all hat and no cattle.’” 

Texas immigration bills imperiled by time constraints, friction within GOP

Tom Benning of The Dallas Morning News reports that the immigration bills filed in Texas this legislative session "could fade away with a whimper." This excellent article examines the back story on these bills, and provides this summary:

AT A GLANCE: WHERE 3 KEY MEASURES STAND

1. Repeal of tuition law: Seeks to change the 2001 law that allows some students who are in the country illegally to pay college tuition at in-state rates.

Status: Out of Senate committee. May not have enough votes to be heard on Senate floor. No House committee hearing scheduled.

2. “Sanctuary cities” bill: Would bar local rules that prohibit police from asking the immigration status of people they stop.

Status: Out of Senate committee. May not have enough votes to be heard on Senate floor. No House committee hearing scheduled.

3. Interstate border security compact: Would potentially allow Texas and other states to enforce federal immigration laws — and perhaps to create their own border security force.

Status: Out of Senate committee. Prospects in full Senate unclear. No House committee hearing scheduled.

Keep in-state tuition for all Texas High School graduates. Oppose Texas SB 1819.

Currently the law allows students who graduate from a Texas High School and who have lived in Texas for 3 years to attend a Texas college or university at the in-state tuition rate. Texas led the nation by enacting this law in 2001 with bi-partisan support, and signed into law by Gov. Rick Perry.

A bill introduced in the Texas Senate (SB 1819) would change this law and require that undocumented students pay out of state tuition rates. The proposed bill changes Education Code §543.052 adding the following language:

 (c) a person who is not authorized under federal statute to be present in the United States may not be considered a resident of this state for purposes of this title.

This would include students who have Deferred Action for Childhood Arrivals (DACA). 

The Bill Analysis for SB 1819  states that: 

Undocumented students who currently receive in-state tuition at a public institution of higher education with at least 30 hours of credit before the 2015-16 academic year will be exempt from the changes.

However, I don't find that exception in the proposed Bill. 

On Monday, the State Senate subcommittee on border security will have a hearing on SB 1819.  

United We Dream has a petition that you can sign opposing SB 1819.

 

Do you qualify for DACA if you haven't graduated from High School in the U.S.?

One way to meet the educational requirements for Deferred Action for Childhood Arrivals (DACA) is by graduating from a U.S. high school, but there are other ways to qualify:

1. Obtain a certificate of completion from high school;
2. Obtain a General Education Development (GED) certificate;
3. Are an honorably discharged veteran; OR
4. Are "currently in school" at the time of your DACA application.

• Enrolled in:
• a public, private or charter school
• a homeschool program meeting state requirements
• an education, literacy or career training program (including vocational training) that has a purpose of improving literacy, mathematics or English or is designed to lead to placement in postsecondary education, job training or employment
• an education program assisting students either in obtaining a high school diploma or a GED
• GED, English as Second Language (ESL) or vocational training classes funded by the government, colleges or a non-profit organization (such as a church) qualify.
• Programs funded by other sources may qualify but are required to show that the program has demonstrated effectiveness. Ask the program before you enroll if it meets the requirements for for DACA.
• Beware of internet diplomas. Most of these will not qualify you for DACA. 

The other requirements for DACA are that you:

1. Were born after June 16, 1981;
2. Came to the U.S. before your 16th birthday;
3. Have continuously resided in the U.S. since June 15, 2007;
4. Were physically present in the U.S. on June 15, 2012, and at the time of your DACA application;
5. Have no lawful status on June 15, 2012;
6. Have not been convicted of a felony, significant misdemeanor, three or more misdemeanors, and do not pose a threat to national security or public safety. 

 

 

Baylor Law School Immigration Clinic to assist DACA applicants March 23 - April 2

The Baylor Law School Immigration Clinic is accepting applications for appointments to our Spring DACA Clinic. The Clinics will be held March 23, 24, 26, 30, 31 and April 2. Law students under the supervision of Professors Laura A. Hernandez and Susan I. Nelson will assist with initial and renewal DACA applications.

For information on how to make an appointment go to: Baylor Law School Immigration Clinic