Last September, President Trump announced the termination of the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program and gave March 5, 2018, as the deadline for Congress to find a legislative solution for the approximately 700,000 DACA recipients. This March 5 deadline arrived this week just after the Supreme Court declined to hear the administration’s appeal of a federal judge's injunction that halted Trump's decision to terminate the DACA program. Currently, because of the recent court injunctions and the actions of the Supreme Court and despite the March 5 deadline, USCIS is accepting DACA renewals only and operating the DACA program on the “terms in place before it was rescinded on Sept. 5, 2017, until further notice.”
Read moreWar on Immigrants and Refugees
Vox: "March 5 is supposed to be the DACA 'deadline.' Here’s what that means for immigrants."
Moral Test
Vox: “Hundreds of immigrants will get to resubmit DACA renewals originally rejected as ‘late’”
The Department of Homeland Security (DHS) announced last week that they will allow DACA recipients who missed the October 5 deadline either because of delays with the US Postal Service or the failure of a courier to pick up the applications from a US Citizenship and Immigration Services (USCIS) mailbox, to reapply for their extensions. This is crucial for these applicants since the Deferred Action for Childhood Arrivals (DACA) program will be ending on March 5, 2018, and the deadline to apply for one last two-year extension of DACA protections was October 5, 2017. The government says that approximately 4,000 individuals failed to meet the October 5 deadline to renew their DACA protections, and initially chose to reject many of these applications that were late due to no fault of the sender. USCIS reversed their decision not to accept the late DACA applications after they “identified USPS mail service delays that affected a number of DACA renewal requests” as well as “discovered certain cases in which the DACA requests were received at the designated filing location (e.g., at the applicable P.O. Box) by the filing deadline, but were rejected.”
Read moreUSCIS: “Deadline to Submit DACA Renewal Requests Approaching On Oct. 5”
US Citizenship & Immigration Services (USCIS) issued a statement reminding eligible Deferred Action for Childhood Arrivals (DACA) recipients that the deadline to file DACA renewal requests and employment authorization applications is October 5, 2017. This deadline comes in response to President Trump’s decision to end the Obama administration’s DACA program, which has protected approximately 800,000 young immigrants who were brought to the US as children and who hold no legal status. DACA also provided these individuals with work authorization. In a memorandum on September 5, 2017, the Department of Homeland Security (DHS) announced that they would begin to wind down the program until it officially expires on March 5, 2018. After the DACA program expires, it is unknown what will happen to those who were granted deferred action. The Trump administration has repeatedly stated that in the meantime it is up to Congress to develop a solution. The Trump administration would support legislation allowing DACA recipients to obtain lawful permanent status and eventually citizenship, according to testimony by a DHS official to Congress earlier today.
Read moreThe Chance to Feel Safe
The New York Times: "Trump Moves to End DACA and Calls on Congress to Act"
The Trump administration formally announced on Tuesday that they will begin to end the Obama-era program that has protected thousands of young undocumented immigrants from deportation, calling the policy unconstitutional. The Trump administration suggested Congress could replace the program with legislation that would provide these immigrants with some form of legal status before the program expires on March 5, 2018. The Deferred Action for Childhood Arrivals (DACA) program was enacted in 2012 by former President Obama through executive action and has since protected approximately 800,000 young immigrants, known as “dreamers”, who were brought to the US illegally as children, from being deported. The program has also provided these immigrants with renewable, two-year work permits. If Congress fails to act before the program expires on March 5, 2018, these undocumented “dreamers” could face deportation back to countries where many of them have never even lived.
Read moreBuzzFeed: “Senators Propose Bipartisan Bill To Protect ‘DREAMers’”
A bipartisan bill to protect “DREAMers”—who were granted temporary protection against deportation under President Obama’s executive actions—was introduced this past Friday by Senators Lindsey Graham and Dick Durbin. The bill, called the BRIDGE Act, would effectively extend DACA protections for more than 740,000 young immigrants who have already taken advantage of the program by providing “provisional protected presence” for three years if applicants register with the government, pay the required processing fee, and pass a criminal background check. The senators introduced the bill in response to President-Elect Donald Trump’s campaign promise to end the DACA program, although after the election he has made conflicting comments about what actions, if any, he will take.
In a post-election interview with Time, President-Elect Trump said regarding DREAMers: “We’re going to work something out that’s going to make people happy and proud…They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen.” In statements on Twitter, Senator Graham calls the original DACA order enacted by President Obama “unconstitutional” and says that President-Elect Trump would be right to repeal it but that nevertheless Senator Graham says he does not "believe that we should pull the rug out and push these young men and women—who came out of the shadows and registered with the federal government—back into the darkness…These young people have much to offer the country and we stand to benefit from the many contributions they will make to America.”
While the bill will need to be re-introduced next year to the new Congress, Senator Durbin tells reporters they didn’t want to wait. “There’s so much interest in this issue and so much anxiety over this situation,” he says. “We want to move to make this public. I can’t go anywhere without someone raising this issue.” Durbin says that they’re encouraged by Trump’s recent favorable comments on DACA and says that both Republican and Democratic legislators will support the BRIDGE Act. “Generally speaking most Republicans, even though they are reluctant to come to the floor and make a speech, feel it’s only fair…even if they have strong feelings against other parts of comprehensive immigration,” he tells BuzzFeed. “This is a very difficult group—once you meet them—to oppose.”
“Here’s what you’ve got to ask Republicans and Democrats: What do you do with these kids?” Senator Graham tells reporters. “Now, I’m not going to be part of a Republican Party that will take 700,000-plus young people who’ve done nothing on their own—they came here as small kids, they lived their life in America, they have no place else to go—and just ruin their lives.”
Many US mayors have also voiced support for DREAMers. In a letter signed by Rahm Emanuel, mayor of Chicago, and mayors of other cities including New York, Los Angeles, and Houston, Trump was warned of the economic harm that would come from canceling DACA. “This program helps foster economic growth and enhances public safety and national security," the letter states, and claims that as much as $9.9 billion in tax revenue would be lost over four years and $433.4 billion in US gross domestic product would be wiped out over ten years if he cancels the DACA program.
The American Immigration Lawyers Association (AILA) also praises the BRIDGE Act legislation, even though AILA notes it does not provide a solution for many undocumented families and other individuals who have lived and worked in the US for many years. “Keeping DACA going is not only the right thing to do, it is smart business,” AILA Executive Director Benjamin Johnson states. “The BRIDGE Act would offer protection to DREAMers for three years, during which time we hope that Congress will move forward on what is really necessary: smart, effective, and humane immigration reform.”
Immigration Wins and Losses
Navigating US immigration law can be daunting, complex, and, at times, frustrating—for both attorneys and foreign nationals. Immigration law changes and bureaucratic delays and hurdles can seem insurmountable. There are good and bad days for immigration cases, and today we take a look at some recent wins and losses in the world of immigration law.
Wins
Dario Guerrero Meneses is a third-year Harvard student. He is also an undocumented immigrant who left the US without travel authorization (effectively "deporting" himself) to take his dying mother to Mexico for alternative medical treatment. He said: "'I don't think I'd be able to forgive myself for letting her basically continue the decline in her condition[.]'" His mother died in August, and after being unable to reenter the US from Mexico for months, he was granted permission to return home, where he will have to reapply for Deferred Action for Childhood Arrivals (DACA) for "Dreamers."
Will immigration reform be passed? Everyone (including us) has been asking this question since the Senate passed their own comprehensive immigration reform bill, S. 744, back in June 2013. President Obama promised and then delayed executive action. But a newly-released draft solicitation by US Citizenship & Immigration Services (USCIS) possibly hints at good news. The USCIS "Request for Proposal" is seeking a vendor who can produce a minimum of four million blank cards per year for five years, and nine million in the early stage. These appear to be cards that would be used for Green Cards and employment authorization documents—suggesting possible major executive action regarding immigration reform. A USCIS official says the vendor proposal was sought "'in case the president makes the move we think he will,'" and that the agency has not yet committed to buying these materials.
The Obama administration announced "The Haitian Family Reunification Parole Program" that "would reduce the lengthy delays facing thousands of Haitians who have already been approved to join family members in the United States and become legal permanent residents." While this is not part of President Obama's executive action on immigration reform, he could potentially enact similar measures to deal with the lengthy wait times that many foreign nationals experience in waiting to join family members in the US.
Losses
The practice of immigration law has many challenges, but most attorneys (okay, pretty much all) will never need to bring their four-week-old infant child to immigration court. This, however, happened to attorney Stacy Ehrisman-Mickle when an immigration judge in Atlanta denied her request to delay a hearing that fell within her six-week maternity leave. With her husband working out of town and no family in the area, she had no choice but to bring her newborn child with her. The judge then "scolded her for inappropriate behavior and commented that her pediatrician must be appalled that she was exposing the baby to so many germs in court[.]" Ms. Ehrisman-Mickle filed a formal complaint against the judge that day.
Overstaying the visa waiver program is taken very seriously by immigration authorities. Ben Sangari, a British man with plans to invest $1.5 million in the Buffalo area, found this out when he was stopped for a speeding ticket and is now in an immigration detention facility in Batavia, New York. While in detention he married his fiancée, who is from Buffalo, but an ICE spokesman said: "'After conducting a comprehensive review of Mr. Sangari's case, U.S. Immigration and Customs Enforcement (ICE) has chosen not to exercise prosecutorial discretion in this matter. Additionally, under the visa waiver program, Mr. Sangari is subject to mandatory detention and his case is not eligible for immigration court hearings."
In West Africa, the death toll from Ebola exceeds four thousand and the region's inadequate healthcare infrastructure is desperately struggling to deal with the crisis. Meanwhile in the US, Ebola fear is leading to hysteria and racism against Africans as well as backlash against immigrants from Mexico and Central America.
To end on a more positive note, kindergarten students in Texas won a competition to name a recently-adopted Mustang horse, as part of a program by the Laredo Sector Border Patrol. The horse's name: Bravo.