Texas Immigration Lawyer Blog

Expanded DACA and DAPA temporarily enjoined by South Texas Judge

On Monday, February 16, 2015, U.S. District Judge Andrew Hanen, granted a temporary injunction halting the implementation of the expanded DACA and DAPA programs announced by President Obama last November. The lawsuit, brought by Gov. Greg Abbott on behalf of Texas and 25 other states, objects to the President's executive action that would provide work authorization and relief from removal to approximately 5 million undocumented immigrants. 

The case was filed in Judge Hanen's court by the Plaintiffs because of his anti-immigrant views:

The judge, who was appointed by former President George W. Bush, wrote in 2013 that the Department of Homeland Security wasn’t enforcing immigration laws and instead “[breaking] them” by reuniting undocumented children with their parents instead of having the families deported or arrested, Bloomberg reported last year. [Texas Tribune]

The American Immigration Lawyers Association (AILA) issued the following statement: 

"Previous statements by Judge Hanen made it clear that he was pre-disposed against favorable exercises of prosecutorial discretion in the immigration context. Today he affirmed that pre-disposition by temporarily enjoining decision-making in the expansion of DACA and the implementation of DAPA.

"Thus, there is nothing surprising in the fact of the injunction. What is surprising, given this judge, is the narrowness of the ruling. His injunction is not based on constitutional grounds; it is based on procedure, finding flaws under the Administrative Procedure Act. It is almost as if he was desperate for a way to block these initiatives and grasped any straw he could.

The Obama administration is expected to immediately appeal this ruling and to request a stay of the injunction throughout the appeal process so that the initiatives aren't stalled. I am confident the federal government will ultimately prevail and that DAPA and expanded DACA will be fully implemented.

How does this affect you?

• Those who are eligible for expanded DACA will not be able to apply tomorrow as anticipated. 
• Those who are eligible for DAPA may not be able to apply in May 2015 as anticipated.
• Those who have DACA already are not affected by this injunction and can apply to renew DACA.
• Those who qualify for DACA (born after 6/15/1981 and continuously present since 6/15/2007) can apply. 

What should you do if you think you are eligible for expanded DACA or DAPA?

• Continue gathering documents proving you are eligible.
• Save the $465 filing fee. 
• Seek good advice from an attorney or pro bono legal service provider approved by the Board of Immigration Appeals (BIA). 
• DO NOT seek advice or assistance from a NOTARIO. There will be Clinics and other help available for those who cannot afford an attorney. Baylor Law School and Catholic Charities are both planning DACA Clinics in Waco this spring.

Expanded DACA applications accepted on February 18, 2015

U.S. Citizenship and Immigration Services has announced that it will begin accepting applications for those who are eligible for the expanded Deferred Action for Childhood Arrivals on February 18, 2015. 

The requirements for eligibility are:

• You entered the U.S. prior to your 16th birthday;
• You have been continuously present since January 1, 2010;
• You were present and without lawful immigration status on November 20, 2014;
• You have graduated from High School, obtained a GED or are currently in school (approved GED and ESL classes count);
• You have not been convicted of a "significant misdemeanor," more than 3 misdemeanors, or a felony.

There is no longer the requirement that you have been born since June 15, 1981. 

The forms that must be filed are:

• I-821D
• I-765
• I-765WS
• G-1145 (optional if you want email or text notice of receipt)

The filing fee is $465. You can find the forms and instructions at uscis.gov/forms. Do not trust your application for Executive Action to a notary. If you want help, contact an attorney, accredited BIA provider or an approved clinic.

The Baylor Law Immigration Clinic will assist with the preparation of DACA initial and renewal applications beginning on Monday March 23, 2015. You can contact the Clinic by email at immigrationclinic@baylor.edu or you can leave a message by calling 888-497-0018.

Baylor Law Immigration Clinic offers free DACA assistance in Waco, Texas

FREE: DACA Immigration Clinic

September 23, 25, and 30, 2014 & October 2, 2014

APPOINTMENT REQUIRED.

 Baylor Law School will offer free assistance to immigrants who qualify for Deferred Action for Childhood Arrivals (DACA) and for those eligible to renew DACA.

When?   September 23, 25, and 30 & October 2, 2014 from 6:00 to 9:00 p.m.

What are some of DACA’s benefits?

• Get a social security number
• Be authorized for legal employment

Who qualifies? Immigrants who:

• Were born on or after June 15, 1982;
• Came to the U.S. before the age of 16;
• Have continuously resided in the U.S. from June 15, 2007 to the present;
• Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
• And have not been convicted of a felony, significant misdemeanor, or more than three misdemeanors.

When you contact us, our law students will help you determine if you qualify for DACA and our services.  While our services are completely free, U.S. Citizenship and Immigration Services charges an application fee of $465.  Translators will be available.  Baylor Law School will not provide additional services after the scheduled clinics.  We will help with DACA renewals.

For an appointment, call or email us at:

immigrationclinic@baylor.edu

888-497-0018

FREE DACA Immigration Clinics at Baylor Law School April 1st and 3rd

April 1, 2014 & April 3, 2014

APPOINTMENT REQUIRED.

Baylor Law School will offer free assistance to immigrants who qualify for Deferred Action for Childhood Arrivals (DACA).

When?   April 1, 2014 and April 3, 2014 from 6:00 to 9:00 p.m.

What are some of DACA’s benefits?

• Get a social security number
• Be authorized for legal employment

Who qualifies? Immigrants who:

• Were born on or after June 15, 1982;
• Came to the U.S. before the age of 16;
• Have continuously resided in the U.S. from June 15, 2007 to the present;
• Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
• And have not been convicted of a felony, significant misdemeanor, or more than three misdemeanors.

When you contact us, our law students will help you determine if you qualify for DACA and our services.  While our services are completely free, U.S. Citizenship and Immigration Services charges an application fee of $465.  Translators will be available.  Baylor Law School will not provide additional services after the scheduled clinics. 

For an appointment, call or email us at:

immigrationclinic@baylor.edu

888-497-0018

Facing Deportation, Activist Says He Has No Regrets

Texas Tribune by Julian Aguilar

Excellent story about Edgar Torres Hernandez one of the DREAM 34, who was ordered deported by an Immigration Judge yesterday after his claim of a "credible fear" of returning to Mexico was denied. 

 

 

Are activist immigrants hurting the cause of immigration reform?

In the Texas Tribune today, Julian Aguilar has an excellent article exploring whether young activist immigrants who were deported or returned to Mexico of their own accord and then returned to U.S. ports of entry seeking asylum are hurting or helping the cause of comprehensive immigration reform.

Carlos Spector, who represents more than 100 Mexican families seeking asylum, said Monday that the tactics of groups like theDREAM 9 in Arizona or the DREAM 34 in Texas betray the cause of comprehensive immigration reform that they seek to champion.

“Both groups did not consult the work of the local community that has 25 years of experience working on these issues,” said Spector, who is also the co-founder of Mexicanos en Exilio, or Mexicans in Exile, a nonprofit outfit that helps endangered Mexicans move safely to the U.S. “They played into the right wing’s argument and narrative that Mexicans are using the asylum process frivolously just to enter the country.”

* * *

Groups who support such DREAMer groups, however, say they are serving a noble cause. They say they are bringing attention to youths who were deported to Mexico but are just as deserving as other immigrants seeking refuge in the U.S.

To receive asylum, petitioners must show they have a valid fear of persecution or death due to a number of factors, including religion, ethnicity, participation in a political group or sexual orientation.

Spector, who just weeks ago declined to openly criticize the groups, spoke Monday about a case he said proves his argument against the activists. That morning, Carlos Gutierrez, a Mexican businessman from Chihuahua whose feet were cut off by criminal gangs, left West Texas for his “Pedaling for Justice” effort, a 700-mile bicycle trek through the state to focus attention on the violence in Mexico and its root causes.

Gutierrez, who uses prosthetic legs, sought asylum in 2011 after the criminals punished him for not paying their monthly $10,000 extortion demand.

It’s cases like his, Spector said, that get diluted by activist movements.

“Carlos’ feet are cut off. Those are the real cases we are dealing with, and what they are doing is they are diminishing the importance of that,” he said. “And that’s one of the reasons we are going public with this now.”

Spector, who supports comprehensive immigration reform, said the activists probably have good intentions and “represent the desperation of people that want to get together with their families.” But the tactics, he said, are hurting the overall cause, especially because judges usually deny most asylum cases sought by Mexicans.

 

A Guide to H.R. 15: The Border Security, Economic Opportunity, and Immigration Modernization Act

Immigration Impact

On October 2, 2013, Democrats in the House of Representatives proposed an immigration reform bill addressing border security, legalization of the undocumented, interior enforcement of immigration laws, and fixes for our dysfunctional legal immigration programs. The bill is based on S.744, the bipartisan bill passed by the Senate by a vote of 68-32 on June 27, 2013. However, the bill removes the Corker-Hoeven border security amendment and replaces it with the bipartisan House border security bill, H.R. 1417, which was passed unanimously by the Homeland Security Committee in May 2013.

Detailed summary of the Bill.

Texas Lt. Gov. Republican candidates fight over who opposes in-state tuition for undocumented students the most

Texas Tribune by Morgan Smith and Edgar Walters

You'll just have to read it for yourself. 

DREAMer Stranded in Mexico After Confusion at Port Allowed to Return to U.S.

Texas Tribune by Julian Aguilar

Deferred Action for Childhood Arrivals (DACA) beneficiary, Josue Alberto Rodriguez was allowed to return to the United States last week. He entered Mexico by mistake on August 12, 2013, while trying to pick up his sister at the border.

Good work by El Paso attorney Carlos Spector who was able to facilitate Rodriguez's return. 

How DACA is impacting the lives of those who are now DACAmented

Immigration Policy Center

Preliminary Findings from the National UnDACAmented Research Project

by Roberto G. Gonzales, Harvard Graduate School of Education and Veronica Terriquez, University of Southern California

We find that the DACA recipients we surveyed experienced a pronounced increase in economic opportunities, such as getting a new job, opening their first bank account, and obtaining their first credit card. Many seek further social integration beyond DACA. In fact, almost all DACA recipients indicate that they would apply for U.S. citizenship if given the opportunity. Our study also shows that DACA recipients are often fearful that family members and friends could be deported at any time. Overall, our research indicates that although DACA opens up some economic opportunities for young aspiring Americans, it does not address the constant threat of deportation still facing those closest to them, including mothers, fathers, and siblings.

Read the preliminary findings.