Tag Archives: Deferred Action
Reflections after the election
I want to give you some thoughts about the future, after the results of the presidential election.
I do not know whether we will get any significant changes in immigration laws during the next 4 years. It is possible, but it is also possible that there might not be changes. It will depend on the priorities of the Trump Administration and on the actions of Congress.
For persons who are U.S. citizens or permanent residents, the election of Donald Trump should not result in any particularly new or different problems for you with respect to U.S. immigration laws.
For everyone else, if there are significant changes in immigration laws, the laws might actually help, or they might make things worse. At this time, we just don’t know. If there are changes in the laws, we also don’t know how quickly or slowly such changes might occur. Things in Washington often move more slowly than we might think at first.
It is possible that the way cases are handled by the various immigration agencies will become stricter, but that also will not happen overnight. There are thousands of immigration officials employed at USCIS, ICE, and CBP (Customs and Border Protection), and so if there are changes in procedures, they might happen slowly, if at all. At this time, we just don’t know what changes in procedures might occur.
Probably most of the thousands of current employees in the federal government will remain working at their jobs. Most will probably continue to handle cases the same way that they have been handling them up to now. It is possible that the Trump Administration could call for changes in the way that cases are handled, but again, many of those changes (if any) take time to be implemented.
Some programs, such as the I-601A Provisional Waiver Program, remain in place. A program such as I-601A could only be changed through an official process, which could take 6 months or longer.
Other programs, such as DACA, could be eliminated more quickly. The future of DACA as of January 20, 2016 is uncertain.
I think that it is possible that CBP (the officials at the airports and the borders) might become tougher and stricter in their encounters with persons traveling into the United States. I always advise that you communicate with me before you travel. Now, with the election results, I want you to know that you might possibly face a more difficult encounter with CBP when you return to the United States. We don’t know how CBP might change the way they do their job. At this time, the best we can say is that they might become more strict.
For persons who have cases in Immigration Court, and whose cases have been administratively closed, the future is uncertain. There exists the possibility that the new administration could order ICE to continue with your case in Immigration Court. At this time, we do not know what the new administration might, or might not, do with cases that have been administratively closed. If your case returns to the Immigration Court, or to the Board of Immigration Appeals (BIA), then we will have the right to continue to argue on your behalf to try to obtain any immigration benefits in Immigration Court or the BIA to which you may be entitled.
Adjudicators will not instantly start deciding cases differently from how they are doing it now. A case that would be approved today will be approved in the first few months of Trump’s presidency. There could be rapid change in specific types of cases due to a policy change – DACA is the most likely target of such a policy change – but the majority of cases will be decided the same as before.
New administrations can change how things are done, but there are laws preventing that from happening too quickly.
For cases that we are currently preparing, I expect we will be able to finish before substantial, sweeping change takes place. I cannot promise that a sudden policy change won’t affect your case, but I believe it is unlikely. The best thing to do is carry on and try to finish as quickly as possible. You can help me in that regard by providing me with requested information and documentation as quickly as possible when I request it. The sooner we finish your case, the better.
You will have questions that I will be unable to answer because I do not know the future. My promise to you is that I will do the best possible job on your case. Do not despair. Keep moving forward.
If after reading this you still have questions, please send them and I will respond as soon as I can.
Deferred Action for Childhood Arrivals (DACA) – The DREAM Is Alive!
U.S immigration officials are now accepting applications for Deferred Action for Childhood Arrivals (DACA), the new DREAM initiative of the Obama Administration. For more information, please visit our Deferred Action for Childhood Arrivals (DACA) – DREAM page.
DREAM Announcement – Don’t Be Fooled
On June 15, 2012, the U.S. Department of Homeland Security announced that it would grant “Deferred Action” for certain people in the United States.
If U.S. Government officials are not in the process of trying to deport you, and if U.S. Government officials have never ordered your deportation in the past, then at this time you are NOT yet eligible to make any applications for anything related to this announcement.
Don’t be fooled by people offering you a green card, work authorization, or any other immigration benefit due to the recent announcement by the U.S. Government!
If the U.S. Government is not trying to deport you at this time, then you will need to wait until government officials create an application process, which will probably be in the month of August 2012.
If U.S. Government officials are in the process of trying to deport you at this time, then you should contact a knowledgeable and ethical immigration lawyer to determine if you might be eligible for the new procedures.
You might be eligible for “Deferred Action” if you meet all of the following:
- You entered the United States before you turned age 16
- You are now under age 31
- You have lived in the United States for at least 5 years as of June 15, 2012
- You are enrolled in school now, OR you graduated from high school, OR you have a GED, OR you have been honorably discharged from the Armed Forces
- You have not been convicted of a felony, you have not been convicted of a “significant” misdemeanor, and you have not been convicted of more than 3 misdemeanors
- You do not pose a threat to national security of public safety
You should speak with a knowledgeable and ethical immigration lawyer about your own particular immigration matter.
U.S. announces Deferred Action for some DREAMers
From the U.S. Department of Homeland Security:
WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”
DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.
Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
- Came to the United States under the age of sixteen;
- Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
- Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
- Are not above the age of thirty.
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.
For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.