Our December 2016 Client of the Month is another member of the “Dreamers out of Trump’s reach” club. Andres St. Claire and Jazmine St. Claire are clients of the month after Andres was granted residence seven years after marrying Jazmine Andres St. Claire is a Dreamer who got protection under DACA. But before that, he was in love with Jazmine St. Claire, with whom he shared an immigrant experience and a love of video games and dogs.
Our January 2017 Client of the Month is part of our ongoing series of: “Dreamers that Trump can’t touch!” Danieca Bugarin landed in San Francisco, CA on December 30, 2016, presented her immigrant visa, and was admitted to the U.S. as a permanent resident. Her admission to the U.S. as a permanent resident looked so improbable for the past two years because Danieca was snake-bit when it came to immigration.
The proposed expansion of the I-601A provisional waiver of inadmissibility due to unlawful presence has finally become a reality. The President announced the expansion of the waiver as part of his November 2014 suite of executive actions designed to ameliorate the harsh results of strict enforcement of U.S. immigration laws. Of course, the heart of those reforms was deferred action for the parents of U.S. citizens, which remains delayed by an injunction imposed by a Texas judge which the Supreme Court punted on.
The Department of Homeland Security announced on Monday August 1 that it would re-designate Syria for Temporary Protected Status (TPS) through March 2018. When a country is designated for TPS, nationals of that country and non-nationals whose last place of residence was the designated country are eligible to apply for temporary protected status. What this means is that Syrian immigrants and refugees already present in the United States who are granted TPS for Syrians are not removable from the United States based on their immigration status, can obtain an employment authorization, and may be granted travel authorization.
“The judgement is affirmed by an equally divided court.” With one sentence, the Supreme Court refused to engage in the question of the President’s authority to extend deferred action to the parents of U.S. citizens (DAPA) and additional young people who entered the U.S. as children (expanded DACA). By affirming the judgement, the Court let the injunction against DAPA and expanded DACA stand, dashing the hopes of millions that there would be the ability to work legally in the U.S.
Our eyes will be on the Supreme Court today to see if the Supreme Court will issue its decision in U.S. v. Texas, the DAPA/ DACA injunction case. With the Court recessing in less than two weeks, an answer to the question of the legality of DAPA and expanded DACA is forthcoming soon. The Court still has to issue decisions in 13 cases before the end of the term.
Even as the Obama administration takes steps to protect transgender children in schools and provide access to health care for trans people, the President’s illiberal approach to immigration continues to affect trans women in predictable and violent ways. As accolades were heaped on the administration from transgender advocates, the administration announced the creation of a new detention facility designed to hold trans detainees in Alvarado, Texas. Immigration & Customs Enforcement (ICE) announced a 36 bed enclave in the 700 bed facility that will be dedicated to trans detainees and will, in the words of ICE, operate along the most advanced lines of transgender care.
The death of Supreme Court Justice Antonin Scalia has created turmoil in Washington DC and on the Presidential campaign trail. Republicans are uniformly calling on the President to refrain from nominating anyone to fill the vacancy due to the upcoming Presidential election. Within hours of the news of the Justice’s death, Senator Mitch McConnell, the Senate Majority Leader and the man who controls the Senate’s agenda, stated that the “vacancy should not be filled until we have a new President.” The President has stated that he intends to nominate someone to fill the vacancy, setting up a battle with Senate Republicans over whether the nominee will ever get a hearing or approved by the Senate.
Writing in today’s Leadership Blog from the American Immigration Lawyers Association, Dree Collopy explains the fundamentals of asylum law the critics, journalists, and politicians fail to understand: Any refusal to recognize gender-motivated violence such as rape and domestic violence as persecution worthy of protection under the Immigration and Nationality Act and the U.N. Convention and Protocol Relating to the Status of Refugees reflects a complete lack of understanding of women’s relationship to the state and their own governments’ failure to provide adequate protection.
Este aviso tambien disponible en español. Happy New Year! Have an ICE raid! By now, everyone has heard that the Obama administration plans to celebrate the new year by rounding up families and removing them to Central America. The administration hopes that the images of Central American families coming off of planes in San Salvador and Tegucigalpa will dissuade thousands of Central Americans from fleeing the violence and persecution that threaten their lives on a daily basis.