End of DACA- What are the new rules?

End of DACA- What are the new rules?   This is the first of several articles detailing the changes to the DACA program announced on Tuesday September 5, 2017.  This is meant to give quick and dirty information, whereas the next one we will: (1) get our emotions out; (2) plan our resistance; and (3) offer ideas how DACA holders can protect themselves. Sandwiched between the natural disasters of Hurricanes Harvey and Irma, the Trump administration unleashed its own man made disaster by eliminating Deferred Action for Childhood Arrivals (“DACA”) on September 5, 2017. 

Waiting for DAPA: Is Today the Day the Supreme Court Rules?

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. 

Hopeful News from 5th Circuit in Deferred Action Challenge: Crane v. Johnson

Hopeful News from 5th Circuit in Deferred Action Challenge: Crane v. Johnson A victory for the Obama administration in a case related to DACA in the 5th Circuit should give hope to millions waiting for deferred action of DAPA and expanded DACA.  The U.S. Court of Appeals for the Fifth Circuit issued a decision in an immigration case today.  No, not that case, but close.  The Fifth Circuit ruled in another case challenging deferred action called Crane v.

EXECUTIVE REFORMS: Deferred Action for the Parents of U.S. Citizens and Residents

As Joe Biden once said, this is a “big f’in’ deal.” The centerpiece of the President’s immigration reforms announced yesterday is the expansion of deferred action to cover certain foreign national parents of United States citizens. Here are the details: The U.S. Citizenship & Immigration Service will give deferred action and employment authorization to individuals who As of November 20, 2014, have a son or daughter who is a United States citizen or lawful permanent resident.

Is Executive Action on Immigration Imminent?

Is Executive Action on Immigration Imminent? It is only fitting that major technological achievements like the successful placement of a lander on a comet be paired with news that the Obama administration is planning many reforms to our nation’s immigration policies.  After all, our space program and many of our most successful technological breakthroughs are directly related to an immigration policy that made it easier for the best and brightest to come and work here. 

DACA Renewals Begin!

DACA Renewals Begin!   On June 5, 2014, the renewal process for the Deferred Action for Childhood Arrivals starts for more than half-million DREAMERs who are already enrolled in the program. DREAMERs or DACA beneficiaries will continue to benefit from renewing driver’s licenses, working, and obtaining in-state tuition in at least 16 states. To renew DACA, applicants must complete the recently released dual-use Form I-821D for initial and renewal DACA applications.

Will the Courts Invalidate Deferred Action?

Will the Courts Invalidate Deferred Action? There is much hue and cry over a federal district court judge possibly blocking the Deferred Action for Childhood Arrivals (DACA) program. In a lawsuit filed by Kansas Secretary of State, Kris Kobach, on behalf of ICE Union head, Christopher Crane, challenging the DACA program, Judge Reed O’Connor (Northern District of Texas) has indicated that he is likely to find that the program violates federal law. Previously, Judge O’ Connor had ruled that agents with the Immigration and Customs Enforcement had standing to bring suit as the prosecutorial discretion directive urged them to violate federal law, and the agents believed that by not following the directive, they would be subject to discipline and other adverse employment consequences.

Why has my case been transferred to California?

Why has my case been transferred to California? Recently, the Citizenship & Immigration Service sent out thousands of notices to people with applications pending notifying them that their application has been transferred to the California Service Center.   Many DACA applicants with applications pending in the Vermont Service Center received this notice as did many individuals with applications for adjustment of status.  Clients often called, panic-stricken, and ask “what does it mean??” Quite simply, it means that there was an imbalance in the workload between the two Service Centers. 

The Whine of the ICE Bureaucrats

The Whine of the ICE Bureaucrats It has been a tough week for the ICE bureaucrats who have sought to undermine the political leadership of this country to pursue their own restrictivist and nativist agenda.  Regular readers of this blog (my wife and my mother), will know that we have sought to document the efforts of bureaucrats within ICE to stymie intelligent immigration enforcement through insubordination, lawsuits, leaks, and more generic tactics like refusal to complete trainings and sick-outs

The Immigration Industrial Complex

The Immigration Industrial Complex The Migration Policy Institute recently released a study documenting that the U.S. government spent $18 billion on immigration enforcement, dwarfing the $14 million spent on other federal law enforcement agencies. The FBI, the DEA and the ATF, combined, received $14 billion.  Immigration & Customs Enforcement’s budget, alone, is $6 billion.  Something is seriously out of whack here. None of this is surprising to immigration attorneys.  ICE runs a gulag archipelago of detention centers across the country, holding immigrants who have overstayed visas, entered without inspection, seek asylum, and  committed minor offenses.