BREAKING: Obama Admin files “emergency” motion in appeals court to lift #immigration injunction; here’s the motion–>
March 12, 2015 Leave a comment
Read/download it here —> 03-12-2015 Stay Mx 5th Cir
Immigration reform advocate, Past President, American Immigration Lawyers Assoc., Blogger, Speaker, Activist, Photographer, Traveler. All opinions are my own.
March 12, 2015 Leave a comment
Read/download it here —> 03-12-2015 Stay Mx 5th Cir
February 24, 2015 Leave a comment
DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.
“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”
Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society. As such, the change should reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them. The change should also support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation. The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.
Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.
USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years. USCIS reminds those potentially eligible that this rule is not considered effective until May 26, 2015. Individuals should not submit an application to USCIS before the effective date, and should avoid anyone who offers to assist in submitting an application to USCIS before the effective date.
For more information on USCIS and its programs or about this rule and filing procedures, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.
- USCIS -
February 24, 2015 Leave a comment
Originally posted on Huffington Post
By David Leopold
Since Judge Hanen issued his controversial midnight order blocking President Obama’s executive actions on immigration there has been a lot of speculation about what will happen next. Will the Court of Appeals quickly reverse the ruling? How long will it take for the case to wind its way through the appellate courts? Will the U.S. Supreme Court have to weigh in?
I’ve been answering questions like these on DAPAQuestions.org and will continue doing so, but there are three key questions that many people are asking today.
What does the Republican Lawsuit against expanding DACA and the new DAPA program mean for the 5 million immigrants that would qualify for these programs?
The Republican lawsuit against DACA expansion and DAPA was undoubtedly a bump in the road, but it is not the final word. The law is clear and DAPA/DACA expansion policies are legal, despite what Judge Hanen thinks. Until the Texas case is resolved on appeal, DREAMers and parents who were preparing to apply should continue to do so.
Importantly, applicants for the DACA program created in 2012 can and should continue to apply. The lawsuit does not affect them.
Applicants for DACA expansion (the changes announced in 2014) should continue to collect documents and other proof showing of arrival in the U.S. before the age of 16 and that they were in the U.S. on January 1, 2010.
DAPA applicants should collect all necessary proof that they’ve lived in the U.S. since before January 1, 2010 and, on November 20, 2014–the day President Obama announced his immigration executive actions–were the parent of a U.S. citizen or lawful permanent resident.
And, of course, applicants should be prepared to pay the expected $465 application filing fee which includes the cost of criminal background checks.
Does the Republican lawsuit block all of President Obama’s immigration actions?
No! While the future of DAPA and DACA expansion could be tied up in the courts for the next few weeks or (maybe even months), Republicans cannot touch Obama’s immigration actions that are already being implemented.
Judge Hanen’s order does NOT affect the original, existing DACA program. Individuals who qualify for deferred action based on the criteria outlined in 2012 can and should continue to apply.
Judge Hanen’s order also has NO effect on the immigration enforcement priorities that President Obama laid out as part of his executive actions. These new priorities, which are detailed in a memorandum from Homeland Security Secretary Jeh Johnson, direct immigration agents to focus on the deportation of aliens who are national security threats, felons, criminal gang members, visa abusers and serious immigration violators.
This means that DREAMers and parents of U.S. citizens who meet the criteria for DACA expansion and DAPA generally should not be deported–even if they come into contact with ICE or CBP. They are only at risk if their deportation would service an “important federal interest” such as individuals who pose a threat to community safety.
Nobody has (or can) seriously question whether or not President Obama’s immigration enforcement priorities are legal. And they go beyond the confines of DACA and DAPA to prevent unjust deportation of other undocumented immigrants with roots and ties to the United States.
But how can we trust that these priorities are being implemented?
This is an important question given past experience with various iterations of “enforcement priorities” memos.
The good news is that so far ICE field offices seem to be following the new enforcement priorities. In Ohio, for example, ICE agents took it upon themselves to postpone the imminent removal of an undocumented mother of a U.S. citizen child after the policies were announced. While the woman still needs DAPA to get stability, at least her low priority removal status allows immigration enforcement agents to focus on dangerous criminals and national security risks. Vox’s Dara Lindreportedlast week that 1000 people have been released from immigration custody since DHS released its enforcement priorities in November.
Nevertheless, immigration advocates must remain vigilant. If a DREAMer, undocumented parent or long-term resident is apprehended, detained or facing removal, ICE officials should be notified immediately that the person is not an enforcement priority and should not be detained or removed. Ideally this should be done through a licensed attorney who is experienced with the deferred action process. If local officials appear to not be following priorities, attorneys should sound alarm bells to higher immigration agency authorities and immigration advocacy groups like America’s Voice Education Fund who can work to ensure that ICE agents closely follow the President’s smart enforcement priorities.
February 21, 2015 Leave a comment
President Obama pushed back hard today against the preliminary injunction issued earlier this week by U.S. District Judge Andrew Hanen temporarily halting the administration’s executive actions on deportations. White House Press Secretary Josh Earnest said the Department of Justice will ask Hanen for an emergency stay sometime before Monday – in effect asking him to lift his own injunction so that the executive actions can move forward as planned.
The immigration actions expand DACA to undocumented immigrants over the age of 30 who arrived in the U.S. as children and create DAPA, a discretionary temporary deportation reprieve for undocumented parents of U.S. citizens and lawful residents. The initiatives, which were set to begin going into effect earlier this week, are expected to offer relief to an estimated 4.5 million undocumented immigrants.
Hanen’s ruling temporarily delaying DACA expansion and DAPA came in a case brought by the State of Texas and 25 other states that claims the president unconstitutionally bypassed Congress by offering deportation reprieves through executive action. The administration – backed by 12 states, the District of Columbia, law enforcement officials, and numerous highly respected legal scholars – answered that DACA expansion and DAPA are solidly legal and that presidents of both parties have used their executive authority to grant similar deportation reprieves.
For now, Hanen’s ruling has put both initiatives on temporary hold while the administration files its appeal. Here’s what else you need to know.
Will Judge Hanen grant a stay of the preliminary injunction?
When he issued the injunction Monday night, Hanen wrote that once DACA expansion and DAPA are in place “there will be no effective way of putting the toothpaste back in the tube” if Texas and the other states win their case against the president’s executive actions. That strongly suggests that Hanen is not likely to change his mind about halting DACA expansion and DAPA while the case moves through the courts.
It’s more likely that the Obama administration will have to turn to the 5th Circuit Court of Appeals to lift the injunction. The Department of Justice could wait until Hanen rules on their motion to stay and file an appeal with the 5th Circuit and ask the appellate court to lift the temporary hold on DACA and DAPA.
What if the preliminary injunction is lifted?
If the injunction is lifted, both programs could go forward as planned. DACA could go into effect as soon as the Department of Homeland Security can get it up and running – which shouldn’t take long given that the U.S. Citizenship and Immigration Services was ready to begin accepting applications this week. It also means that plans for DAPA – which is expected to go into effect sometime before May 28 – can proceed.
And what if it isn’t lifted?
Regardless of whether or not Hanen or the 5th Circuit stay the preliminary injunction, one thing is crystal clear: the Obama administration is determined to get Hanen’s decision reversed so that the president’s immigration actions can move forward. That’s because, as the White House said today, “There is a solid legal foundation for the president to take the steps that he announced late last year to reform our broken immigration system.”
The appellate court could take several weeks or months to decide the case. In the meantime, if the temporary injunction remains in place, both the DACA expansion and DAPA will remain on hold. The government will not accept applications for either program.
If the 5th Circuit reverses Hanen’s order – as many experts expect it will do – the DACA expansion and DAPA processes will go forward as planned. If not, the president’s executive actions could be delayed for many more months while the administration asks the Supreme Court to review the case.
What should DACA expansion and DAPA applicants do while the case winds its way through the courts?
DREAMers and parents who were preparing to apply for DACA expansion or DAPA should continue to prepare to apply.
DACA expansion applicants should continue to collect documents and other proof showing their arrival in the U.S. before the age of 16 and their presence in the U.S. on Jan. 1, 2010.
DAPA applicants should collect proof that they’ve lived in the U.S. since before Jan. 1, 2010 and, on Nov. 20, 2014 – the day Obama announced his immigration executive actions – were the parent of a U.S. citizen or lawful permanent resident.
And, of course, applicants should save money so they can pay the expected $465 application filing fee, which includes the cost of criminal background checks.
David Leopold, practices law in Cleveland, Ohio and is the former president of the American Immigration Lawyers Association.
February 19, 2015 Leave a comment
Originally posted on MSNBC.com
Late Monday night, U.S. District Judge Andrew Hanen temporarily blocked President Obama’s executive actions on deportations, which were challenged in federal court by Texas and 25 other states.
The immigration actions, which were set to begin going into effect today, expand DACA to undocumented immigrants over the age of 30 who arrived in the U.S. as children and create DAPA, a discretionary temporary deportation reprieve for undocumented parents of U.S. citizens and lawful residents. For now, both initiatives are on hold while the administration files its appeal with the court of appeals.
Here’s what else you need to know.
What is the Texas lawsuit about?
At bottom, the states claim that President Obama unconstitutionally bypassed Congress last year by offering deportation reprieves through executive action. The administration – with the support of 12 states, the District of Columbia, 33 cities, 27 police chiefs, highly respected legal scholars and nonprofit organizations – counters that DACA expansion and DAPA are solidly legal and that presidents of both parties have used their executive authority to grant similar deportation reprieves.
Why did the judge block the executive actions?
Judge Hanen focused on Texas’ claim that it would suffer financial loss by having to issue driver’s licenses to DACA and DAPA recipients. As he has done in previous cases, the judge used his 123 page order as a bully pulpit to excoriate the administration’s immigration enforcement policies. (The DACA program, which went into effect in 2012, was not affected by the judge’s order.)
Yet despite halting the immigration initiatives, Hanen did not rule that Obama in anyway exceeded his lawful authority or violated the constitution. Instead he ruled on very narrow, highly technical legal grounds: That the executive actions did not comply with the rule making requirements of the Administrative Procedures Act. The administration argues that the deportation reprieves are solidly legal and well within the president’s authority to focus limited immigration enforcement resources on the deportation of terrorists, felons and gang members – not DREAMers, and mothers and fathers of U.S. citizens and lawful permanent residents.
What happens now?
Judge Hanen’s order is of course an unwelcome setback for supporters of the president’s executive actions, but it’s hardly a fatal blow to DACA expansion or DAPA. The final decision – which most legal experts are confident will uphold the president’s immigration actions – will come from a much higher court; probably the U.S. Supreme Court.
Here’s how it will work: The Obama administration will appeal Judge Hanen’s decision to the Fifth Circuit Appeals Court. The higher court will likely take several weeks or months to decide the case. In the meantime, both the DACA expansion and DAPA will remain on hold. The government will not accept applications for either program, but potential applicants would be well advised to continue to collect documents so they are ready to apply when the injunction is eventually lifted.
If the Fifth Circuit reverses Judge Hanen’s order – as many experts expect it will do – the DACA expansion and DAPA processes will go forward as planned. If not, the president’s executive actions could be delayed for many more months while the administration asks the U.S. Supreme Court to review the case.
Importantly, Judge Hanen’s order is hardly the final word. It’s just the first act in what could be a very drawn out play that may conclude in the U.S. Supreme Court.
In the meantime, what happens to the DREAMers and parents who qualify for DACA plus and DAPA?
The law requires Obama to set immigration enforcement priorities – to decide, in effect, which undocumented immigrants should be deported first. Last November, when he announced his immigration executive actions, the president said he’ll prioritize the deportation of “felons, not families. Criminals, not children. Gang members, not a Mom who’s working hard to provide for her kids.”
What that means for immigrants who would qualify for the DACA expansion and DAPA is that, as long as they are not a deportation priority, their cases will remain at the bottom of the enforcement barrel while the Department of Homeland Security focuses on getting rid of those who threaten the safety of American communities.
How does the judge’s decision affect the larger battle over comprehensive immigration reform?
At the time Judge Hanen ruled on Monday, congressional Republicans were trying to figure out how to break a stalemate that threatens to shut down the Department of Homeland Security over GOP opposition to the president’s executive actions on immigration.
Hanen’s injunction clearly complicates things for the GOP. Conservative Republicans may harden their position against compromise with Democrats and the administration on homeland security funding. On the other hand, Hanen’s order temporarily halting the implementation of DACA expansion and DAPA arguably takes the issue off the table – at least for now – undercutting those in Congress intent on using homeland security funding to kill the president’s immigration initiatives.
Yet despite the GOP’s apparent obsession with creating an immigration system characterized by chaos and mass deportation, one thing is crystal clear – the DREAMERs and undocumented parents the Republicans long to deport are not going anywhere. They are already home.
February 17, 2015 Leave a comment
Here are links to Judge Andrew Hanen’s orders enjoining President Obama’s Immigration Actions: