USCIS Will Not Begin Accepting Applications for Expanded DACA Today

US District Judge Andrew Hanen in Texas ruled late Monday night to temporarily block President Barack Obama's executive action on the expanded Deferred Action for Childhood Arrivals (DACA) program as well as the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. Consequently contrary to their original plans US Citizenship & Immigration Services (USCIS) will not be accepting applications today for the expanded DACA program, and going forward until further notice for expanded DACA and DAPA. The judge ruled that Obama's executive action failed to comply with the Administrative Procedure Act, which "calls for the White House to afford a longer notification and comment period before taking action." The Department of Justice is planning to appeal this decision, and US Department of Homeland Security Secretary Jeh C. Johnson issued a statement:

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it...The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

Secretary Johnson goes on to note that the court ruling does not affect the existing DACA program and that individuals may continue to apply for the initial or renewal DACA under the original guidelines established in 2012. We will continue to provide updates as we receive them.

USCIS to Begin Accepting Requests for Expanded DACA on February 18

Last November President Obama announced he was taking executive actions on immigration reform, after the House of Representatives failed to act on the immigration reform bill passed by the Senate in 2013. One of the president's initiatives involve expanding eligibility for the Deferred Action for Childhood Arrivals (DACA) program to applicants of any age who entered the US before the age of sixteen and who have lived in the US continuously since January 1, 2010, as well as extending the period of DACA and work authorization from two to three years.

US Citizenship & Immigration Services (USCIS) has just announced it will begin accepting applications for this expanded DACA program on February 18, 2015, only weeks away, even as the Republican-controlled Congress heads toward a showdown with Obama over funding for the Department of Homeland Security, the mother agency of USCIS.

Who is eligible for the expanded DACA program?
Individuals of any age with no lawful immigration status who entered the US before the age of sixteen and who have lived in the US continuously since at least January 1, 2010. Applicants must also meet schooling requirements as well as not being convicted of certain crimes or posing a national security threat.

How is this different than before?
The first DACA program announced in 2012 requires that applicants have continuously resided in the US since June 15, 2007, and that they were under thirty-one years of age on June 15, 2012. Additionally the initial DACA was granted only for a period of two years.

How to file?
USCIS lists all the requirements including what documentation is required along with the necessary forms, fees, and where to send the application.

Is an attorney needed to file the case?
Matt Bray has an excellent post regarding this question.

When can the DACA case be filed under the new requirements?
On and after February 18, 2015! 

What authorization is received with DACA?
If the application is approved, individuals will not be placed into removal proceedings or removed from the US for three years unless their DACA is terminated. In addition, they will be granted employment authorization. Travel authorization (advance parole) may also be granted in certain cases.

USCIS cautions those applying for DACA to be especially wary of immigration scams. They've published a list of helpful tips for before and after filing to avoid scams and ensure that their case has been properly received and is processing correctly. Applicants for DACA cases (and in general for immigration matters) should be especially wary of anyone calling them about their immigration case and claiming to be from USCIS or the government.

Although DACA is limited in that it only defers removal and does not provide permanent lawful status, this DACA expansion is good news for many undocumented immigrants including one of America's most well-known and visible undocumented immigrants: Pulitzer Prize-winning Filipino journalist Jose Antonio Vargas, who summarized DACA: “'This is not amnesty…It’s only temporary. It doesn’t provide a Green Card. It doesn’t provide citizenship. It doesn’t provide healthcare. It doesn’t provide anything really, except free from deportation, a work permit, people can drive, people can travel hopefully, and again just not to live in fear[.]”

UPDATE: US District Judge Andrew Hanen in Texas ruled late Monday, February 16, 2015 to temporarily block President Barack Obama's executive action on the expanded DACA program as well as the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. Consequently contrary to their original plans discussed in this post USCIS will not be accepting applications February 18 for the expanded DACA program, and going forward until further notice for expanded DACA and DAPA. We will provide more updates as we receive them.

President Obama’s Executive Action on Immigration Reform

Last night President Obama made a long-awaited major announcement to the nation regarding the administration of the immigration system. Though short, the announcement will have an enormous impact on millions of people living in the United States without legal status. US Citizenship & Immigration Services (USCIS) today published a summary of the impending changes which provides a few more details but highlights the fact that there is much to be done to put these changes into effect. 

While all the details are yet to be released, the key piece of the announcement is a deferral of deportation for the millions of law-abiding undocumented immigrants who can prove that they were present in the US for at least five years, have US citizen or legal resident children, pass a background security check, and are willing to pay their “fair share” of taxes.

The President also announced some changes to the business immigration system designed to improve the chances for entrepreneurs and other business creators to remain in and enter the country in the future.

Before the announcement, the White House held a briefing with more details about each element of this plan. They include the expansion of the DACA program by eliminating the age limit (currently thirty-one years) for applicants who were brought to the US as children as well as expanding the period of validity of the deferred action to three years (currently two).

The plan also includes important tweaks to the enforcement priorities of Immigration and Customs Enforcement (ICE, the enforcement wing of immigration), clarifying that priority must be placed on the apprehension and removal of non-citizens who present a risk to national security and public safety.  In addition, individuals who are the beneficiaries of approved immigrant petitions filed by their employers, but whose cases are held up in the severe immigrant visa backlogs, will be able to apply for adjustment of status. While this will not necessarily result in their Green Card being issued any faster, it may give them more flexibility in their career advancement.

While the details of each component of the President’s plan have not yet been fully released or digested by immigration lawyers and advocates (we are in the process of reviewing all the finer points of the President’s plan), it is clear that the announcement will have a significant effect on millions of people—authorized and undocumented immigrants alike. It is also clear that there will be a considerable pushback from Congress in January, when the Republicans take control of both chambers.

We will be tracking the President’s plan and its implementation, and will continue to post updates as they are available.

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.

Immigration Apps

Thirty years ago cells phones were the size of footballs and were limited to making and receiving phone calls. Now we can order dinner, email a coworker, and play Words With Friends with a cousin who lives across the country. The variety and sophistication of apps continues to multiply daily, and that includes apps related to US immigration law. We downloaded and tested some of these apps, and while nothing can replace the value of seeking professional legal advice from an attorney, these may be helpful tools to help with the US immigration process.

Pocket DACA (free) on iTunes and Google Play – On June 15, 2012, President Obama signed a memo outlining consideration for deferred action for certain undocumented foreign nationals called Deferred Action for Childhood Arrivals (DACA). One great app we found is Pocket DACA. The app’s main function is to walk the user through the process of figuring out if he/she is eligible to apply for DACA. As users go through the requirements, the app either allows users to continue or stops and explains why the user is not eligible. It also asks follow-up questions depending upon the answers given. If the user makes it to the end of the brief set of questions, the user may enter his/her zip code and find local legal assistance. The app also features a helpful FAQ tab, which tells the user what forms to use, how much it costs to apply for DACA, and other pertinent information. The app also does a great job at updating its DACA news tab. Overall, this is a helpful app for users to find out if they are eligible for DACA.

CitizenshipWorks (free) on iTunes and Google Play – This is one of the most comprehensive immigration mobile apps we found and it is available in both English and Spanish. With this app, the user can determine eligibility for naturalization, learn about the process of naturalizing, find legal assistance, and study for the requisite citizenship test. Additionally, while there are dozens of citizenship tests available in the iPhone app store (ranging from free to $4.99), CitizenshipWorks has perhaps one of the best practice tests we found. Most other apps are set up as a multiple-choice test, which is not how the exam is actually given. CitizenshipWorks’ quiz is set up as a Q&A, best played with a friend. Indeed, the exam is giving orally and this will help the user practice speaking the answers out loud. In short, this app is helpful, easy to navigate, and practical.

USCIS Helper (free) on iTunes – The user plugs in his/her receipt number, and the app will give the case status from the US Citizenship & Immigration Services (USCIS) website. This app is not affiliated with USCIS, so there is a disclaimer that the app does not guarantee the accuracy of the information. We did, however, check a case to test the app and the information was current and accurate. One drawback is that while the user can store multiple case numbers, there is no place to set an alert for the case number entered. Instead, the user will have to go into the app and check it manually instead of receiving an alert when the status of the case has changed; however, this developer, Spinach Mobile LLC, does have an app available for Android devices and on Google Play called USCIS Case Status Notifier that does just this. This feature on the iPhone could greatly improve the app.

Best Time to Cross the Border (free) on iTunes and Google Play – The app, created by students at the University of California – San Diego, focuses on Mexican and Canadian border wait times. It provides information about entering the United States (not exiting) via foot or car from these countries. On this app, users can not only check current wait times, but can also search the best time to cross according to the average over the previous three months. It also breaks down the wait times according to passenger, commercial, and pedestrian lanes. It should be noted, however, that a quick search through the app’s reviews note several instances when the app was inaccurate.

VisaProcs ($1.99) on iTunes – Like USCIS Helper, VisaProcs is a helpful and practical immigration app. The app provides current visa bulletin dates and visa processing times for various service centers, and while it is not officially affiliated with USCIS, when we checked information against USCIS.gov, it was correct. As with USCIS Helper, while these apps can be a convenient source of information, it is always safest to double-check on USCIS.gov (for free!) for the most current and accurate information.  

While we did find some helpful immigration-related apps here, we’re looking forward to a time when USCIS, Customs, and US Embassies/Consulates worldwide use smartphone apps in new and inventive ways to help navigate the immigration process. In the meantime, they are active on YouTube.