Tag Archives: executive action

Effects & Impact of Trump’s Executive Order on Enhancing Public Safety in the Interior of the United States

On day five of his Administration, January 25, 2017, President Donald Trump issued his second executive order on immigration, titled, Enhancing Public Safety in the Interior of the United States. It focuses on the removal of persons who illegally enter the U.S. and persons who overstay or otherwise violate the terms of their visas.

Here is a description of Trump’s executive order on enhancing public safety within the United States, including the potential effects and impact: 

Authority: In the order, Trump cites to the Constitution and federal laws, such as the Immigration & Nationality Act (INA), as grounds for his presidential authority.

The president may set the policy and practices of immigration agencies and officials, in compliance with federal law set by Congress and the U.S. Constitution.

Purpose: The order directs departments and agencies to employ all lawful means to enforce federal immigration laws and ensure the removal of persons who have no right to be in the United States.

Policy Highlights: 

1. Faithful Execution of Immigration Laws Against All Removable Persons. The executive order notes, “Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety.  This is particularly so for aliens who engage in criminal conduct in the United States.”

2. Enforcement Priorities. The executive order instructs the Secretary of Homeland Security to prioritize for removal all persons described in the Immigration & Nationality Act as inadmissible under sections 212(a)(2) (Criminal and related Grounds), 212(a)(3) (Security and related grounds), 212 (a)(6)(C) (Willful misrepresentation to gain immigration benefit) and 235 (Expedited Removal of inadmissible arriving alien), or removable under sections 237(a)(2) (Criminal offenses) and (4)(Security and related grounds).

The order also prioritizes removable persons who:

(a)  Have been convicted of any criminal offense;

(b)  Have been charged with any criminal offense, where such charge has not been resolved;

(c)  Have committed acts that constitute a chargeable criminal offense;

(d)  Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;

(e)  Have abused any program related to receipt of public benefits;

(f)  Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or

(g)  In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

3. Civil Fines and Penalties. The executive order instructs the Secretary to issue guidance and promulgate regulations, where required by law, to assess and collect fines and penalties, as  authorized, from persons unlawfully present in the U.S. and from those who facilitate their presence in the U.S.

4. Additional Enforcement and Removal Officers. The executive order instructs the Secretary, through the Director of U.S. Immigration & Customs Enforcement, and to the extent permitted by law and subject to availability of funds, to hire 10,000 additional immigration officers to perform law enforcement functions.

5. Federal-State Agreements. The executive order instructs the Secretary to immediately engage with the Governors of the States, as well as local officials, to enter into INA 287(g) agreements. This allows for State and local law enforcement officials to perform functions of the immigration officers in relation to the investigation, apprehension , or detention of aliens in the United States under the Secretary’s direction and supervision.

6. Terminate the Priority Enforcement Program (PEP) outlined in the November 20, 2014 Memorandum and reinstate the Secure Communities program. The executive order instructs the Secretary to take all appropriate action to end the PEP program, which prioritizes removable persons who have been convicted of an offense listed under the DHS civil immigration enforcement priorities, has intentionally participated in an organized criminal gang to further the illegal activity of the gang, or poses a danger to national security. Trump’s order calls for the revival of the Secure Communities program, which was discontinued by then-Secretary Jeh Johnson in November 2014.

7. Refusal of Federal Grants to “Sanctuary Jurisdictions.” The executive order states that it is the executive branch’s policy to ensure that a State shall comply with 8 U.S.C. 1373 (Communication between government agencies and the Immigration and Naturalization Service).

Trump’s order adds that the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure jurisdictions that refuse to comply with 8 U.S.C. 1373 are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.  It further notes, “The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.”

The order also instructs the Secretary to publish a weekly list of all the crimes committed by immigrants and the jurisdictions that did not honor detainers with respect to such immigrants.

8.  Create an “Office for Victims of Crimes Committed by Removable Aliens.” The executive order calls for the establishment of an office, within the U.S. Immigration & Customs Enforcement, to provide “professional services to victims of crimes committed by removable aliens and the family members of such victims.”  The order also instructs the office to “provide quarterly reports  studying the effects of the victimization by criminal aliens present in the United States.”

Effects and Impact:

1. Broadening enforcement priorities

The executive order significantly broadens immigration enforcement priorities. It eliminates guidance in the November 20, 2014 memorandum issued by then-Secretary Jeh Johnson under the Obama Administration.

In that memorandum, Johnson noted that Priority 1 for immigration enforcement included aliens engaged in or suspected of terrorism or espionage; aliens apprehended at the border or ports of entry while attempting to unlawfully enter the United States; aliens convicted of an offense for which an element was active participation in a criminal street gang; aliens convicted of a felony as defined by state statute; and aliens convicted of an “aggravated felony” as defined by federal law. Priority 2 included aliens convicted of three or more misdemeanor offenses, aliens convicted of a “significant misdemeanor” (i.e. domestic violence ; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence); aliens apprehended in the United States after unlawfully entering or re-entering the United States and who cannot prove they have been physically present in the United States continuously since January 1, 2014 ; and aliens who, in the judgment of an ICE Field Office Director, USCIS District Director, or USCIS Service Center Director, have significantly abused the visa or visa waiver programs.

In contrast, Trump’s executive order prioritizes persons who have been convicted of any criminal offense, which may include even minor infractions and misdemeanors. It also prioritizes any removable person who has been charged with (but not actually convicted of) a crime, or abused any program related to receipt of public benefits. It further encourages the removal of any person who an immigration officer deems is a danger to the “public safety or national security,” thus giving wide discretionary power to individual officers.

New guidance has yet to be issued to local immigration officers on how to implement the executive order. Some ICE Field Officers have stopped granting requests for prosecutorial discretion (PD), as described in the November 20, 2014 memorandum, in light of Trump’s order unless further guidance permits this relief. Others continue to grant PD based on prior directive under the Obama Administration, unless new instructions are provided.

With over 500,000 removal cases pending in fiscal year 2017, and immigrants facing years long delays before a judge makes a final decision on their case, the immigration court system is already heavily backlogged. Prioritizing removable persons who do not pose a threat to public safety will make it harder to focus on those who do.

2. Reinstating the 287(g) partnerships and Secure Communities program

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added section 287(g) to the Immigration & Nationality Act, permitting the delegation of immigration officer duties to deputized state officers and employees. The 287(g) program was credited by ICE for identifying more than 402,079 potentially removable aliens – mostly at local jails – from January 2006 through September 30, 2015.   In a December 20, 2012 news release, however, ICE announced it would phase out the 287(g) program in favor of other, more efficient enforcement programs, such as Secure Communities.

In November 2014, then-Secretary of Homeland Security, Jeh Johnson, issued a memorandum discontinuing the Secure Communities program because it “attracted a great deal of criticism, is widely misunderstood, and is embroiled in litigation…” In its place, Johnson introduced the Priority Enforcement Program to focus on convicted criminals and others who pose a danger to public safety. The memorandum instructed ICE to replace requests for detention (i.e., requests that an agency hold an individual beyond the point at which they would otherwise be released) with requests for notification (i.e. , requests that state or local law enforcement notify ICE of a pending release during the time that person is otherwise in custody under state or local authority).

Trump’s executive order promises to reinstate 287(g) partnerships and the Secure Communities program, which were criticized for fueling community mistrust in the police, being prone to racial profiling, increasing the use of immigration detainers to the detriment of the criminal justice system, and creating confusion over the roles of local, state, and federal agents.

3. Penalizing “sanctuary” cities, counties or states

The executive order threatens to withhold federal grants to jurisdictions (cities, counties, and states) that do not comply with 8 U.S.C. 1373. The order does not specifically define “sanctuary jurisdiction,” but the term generally refers to those that decline federal requests to hold arrestees in jail due to their immigration status or to collect immigration status from suspects.

Since Trump’s election, “sanctuary” cities like New York, Minneapolis-St. Paul, San Francisco and Seattle have vowed to limit their cooperation with federal immigration authorities. They won’t stop immigration authorities from enforcing federal law within their boundaries. But they will focus on local law enforcement so residents don’t avoid talking to the police out of fear of deportation risks or immigration consequences.

Whether federal funds may be withheld for the purpose of forcing “sanctuary jurisdictions” to support immigration enforcement is subject to legal challenges. Detaining individuals after a scheduled release date, to assist with federal immigration enforcement, may violate immigration and Constitutional law.

Furthermore, 8 U.S.C. 1373 merely requires communication between government agencies and the immigration agencies. It addresses the exchange of information regarding citizenship and immigration status among federal, state, and local government entities and officials.

Subsection (a) states federal, state and local government entities and officials may not “prohibit, or in any way restrict” government officials or entities from sending to, or receiving from, federal immigration officers information concerning an individual’s citizenship or immigration status.

Subsection (b) provides that no person or agency may “prohibit, or in any way restrict,” a federal, state, or local government entity from (1) sending to, or requesting or receiving from, federal immigration officers information regarding an individual’s immigration status, (2) maintaining such information, or (3) exchanging such information with any other federal, state, or local government entity.

Section 1373 prohibits government entities and officials from prohibiting or restricting intergovernmental exchange of such information. But it does not impose an affirmative duty on states and localities to collect information from individuals regarding their immigration status, nor does it require states and localities to take specific actions upon obtaining such information.

Conclusion

Expanding immigration enforcement priorities, reviving the 287(g) and Secure Communities programs, and threatening to penalize “sanctuary jurisdictions” are in line with Trump’s campaign positions.  Nevertheless, they are costly and likely ineffective strategies for protecting the American public from dangerous “aliens who engage in criminal conduct.”

For information on Trump’s other executive orders on immigration, read:

Effects & Impact of Trump’s Executive Order on Border Security and Immigration Enforcement Improvements

Effects & Impact of Trump’s Executive Order on Protecting the Nation from Foreign Terrorist Entry Into the United States

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Photo by: Neon Tommy

Effects & Impact of Trump’s Executive Order on Border Security and Immigration Enforcement Improvements

On day five of his Administration, January 25, 2017, President Donald Trump issued his first executive order on immigration, titled, Border Security and Immigration Enforcement Improvements. It prioritizes the detention and removal of unauthorized immigrants apprehended at the U.S.-Mexico border.

Here is a description of Trump’s executive order on border security and immigration enforcement, including the potential effects and impact: 

Authority: In the order, Trump cites to the Constitution and federal laws, such as the Immigration & Nationality Act (INA), the Secure Fence Act of 2006, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as grounds for his presidential authority.

The president may set the policy and practices of immigration agencies and officials, in compliance with federal law set by Congress and the U.S. Constitution.

Purpose: The order directs departments and agencies to “deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.”

Policy Highlights: 

1. Physical Wall. The executive order instructs the Secretary of Homeland Security to take steps to immediately plan, design and construct a physical wall along the southern border. The Secretary must identify and allocate federal funds for planning, designing and constructing the wall.

“Wall” means “a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.” The “southern border” means “contiguous land border between the United States and Mexico, including all points of entry.”

2. Detention Facilities. The executive order instructs the Secretary to allocate resources to immediately construct, operate, control, or establish contracts to construct, operate or control facilities to detain aliens at or near the land border with Mexico. The Secretary shall immediately assign asylum officers and immigration judges to detention facilities for the purpose of conducting reasonable fear determinations and removal proceedings, respectively.

3. Detention for Illegal Entry (End “Catch-and-Release”). The executive order instructs the Secretary to take immediate, appropriate actions to ensure the detention of aliens apprehended for violating immigration law, pending the outcome of their removal proceedings or their removal from the U.S. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel on detention use, including the termination of “catch and release,” which involves persons being released in the U.S. shortly after their apprehension, and while their removal proceedings are pending.

4. Additional Border Patrol Agents. The executive order instructs the Secretary to take appropriate action to hire 5,000 additional Border Patrol agents, and ensure they are assigned to duty as soon as is practicable.

5.  Foreign Aid Reporting. The executive order directs all executive departments and agencies to quantify federal aid or assistance to the Government of Mexico on an annual basis for the past 5 years.

6. Federal-State Agreements. The executive order instructs the Secretary to immediately engage with the Governors of the States, as well as local officials, to enter into INA 287(g) agreements. This allows for State and local law enforcement officials to perform functions of the immigration officers in relation to the investigation, apprehension , or detention of aliens in the United States under the Secretary’s direction and supervision.

7. Parole, Asylum, and Removal.  The executive order instructs the Secretary to take immediate, appropriate action to ensure the parole and asylum provisions of immigration law are not exploited to prevent the removal of otherwise removable aliens.

8. Priority Enforcement. The executive order instructs the Attorney General to establish prosecution guidelines and allocate resources to ensure federal prosecutors give high priority to prosecutions of offenses connected to the southern border.

Effects and Impact:

1.  Building the wall 

The estimated cost of building the wall is at least $10 billion. During his election campaign, Trump stated Mexico will pay for it.  But his  executive order calls for the allocation of federal funds to plan, design and construct the wall. Congress must approve funding for any new physical barrier along the southern border. This means American taxpayers will front the cost for the wall.

Trump says Mexico will pay the money back later. His Administration suggested imposing a 20% tax on goods imported  from Mexico to pay for the wall. But experts say this will lead to higher prices for American consumers, result in trade wars, and jeopardize U.S. jobs.

Another idea floated by the Administration is seizing or taxing remittance payments from immigrants sending money earned in the U.S. (their country of residence) to their families in Mexico (their native country). Trump has said the USA Patriot Act anti-terrorism law may be used to accomplish this feat, but such an action will likely be met with legal battles, logistical obstacles, and economic drawbacks.

Between 2000 and 2010, U.S. taxpayers spent $90 billion on border security. The costs involve deploying National Guard troops to the border, paying U.S. Customs and Border Protection (CBP) agents, building barriers, employing drug-sniffing dogs, and using predator drones.

In 2006, under the Bush Administration, Boeing and other companies were awarded a federal contract, named Secure Border Initiative Net (SBInet), to build a high-tech, “virtual fence” along the southwest border. Most of the 2,000-mile border between Mexico and the U.S includes desert plains, steep hills and other natural barriers that are hard to cross. At the time, about 88 miles of physical fencing existed and the U.S. government planned to increase the physical fences to 370 miles by the end of the following year.

The Obama Administration embraced SBInet, but cancelled the project in 2011, following mounting questions from Congress regarding feasibility, viability, cost and effectiveness. By that point, about $1 billion had been spent.

Skepticism concerning Trump’s proposed wall is warranted. John Kelly, who was recently sworn in as Secretary of Homeland Security, said a physical barrier is not enough. In his confirmation hearing, he stated, “If you build a wall, you would still have to back that wall up with patrolling by human beings, by sensors, by observation devices.”

2. Increasing Detentions and Expedited Removals

Enormous amounts of manpower, resources, and technology are already dedicated to securing the nation’s borders. In 2014, the number of Border Patrol agents grew to nearly 21,000, over a 500%  increase from 1992 when there were about 4,000 agents.

In July 2006, then-Secretary of Homeland Security, Michael Chertoff, announced the  end of the”catch and release” policy. Since then, the Department of Homeland Security (DHS) began detaining more individuals while they wait for their immigration court dates. On average, in 2006, DHS detained 21,450 people on a daily basis, compared to over 40,000 this year.

DHS also increased the issuance of expedited removal orders to persons caught at the border, rather than allow them to return without the legal consequences of a removal. In 2014, DHS removed 414,481 persons, compared to 280,974 persons in 2006.

Trump’s executive order aims to increase the size of the enforcement agencies, create more detention facilities for persons apprehended along the southern border, and end “catch and release.”

Although the “catch and release” policy ended under the Bush Administration, the Obama Administration issued a Policy Memorandum on the apprehension, detention and removal or undocumented immigrants, which some labeled as “catch and release 2.0”. The policy divided enforcement priorities into three general categories: Priority 1: Aliens who pose a threat to national security, border security, or public safety. Priority 2: Aliens who are misdemeanants and new immigration violators.  Priority 3: All other immigration violators.

The Policy Memorandum instructed the agencies to focus on priority one and priority two offenders, instead of wasting resources on arresting and detaining priority three offenders. Because Trump’s executive order does not make these distinctions, it gives immigration enforcement agents more freedom to apply the detention and expedited removal process to all persons who they find ineligible for relief, particularly those apprehended at the border.

Federal funds must be allocated to operate detention facilities and detain hundreds of thousands of immigrants each year. The use of detention facilities is a very costly way to deter illegal crossings or other immigration violations. More affordable alternatives include parole/release on own recognizance, bonds, regular check-ins with immigration agents, regular home visits and check-ins, telephonic monitoring, and electronic ankle bracelet monitoring.

The executive order, which claims abuse of parole and asylum provisions, could also result in due process issues for asylum-seeking families fleeing to the border. This includes women and children from the Northern Triangle (Honduras, Guatemala and El Salvador) with credible asylum claims. Human rights groups and immigration advocates have raised concerns about detaining individuals escaping violence and persecution in their home countries. There are more humane and cost-effective alternatives to detention.

3. Deputizing State and Local Law Enforcement Officers to Perform the Duties of Federal Immigration Agents

Section 287(g) of the INA allows delegation of immigration authority to state and local law enforcement officers.  The 287(g) program permits a state or local law enforcement entity to partner with U.S. Immigration & Customs Enforcement (ICE), under a joint Memorandum of Agreement, to enforce federal immigration law in their jurisdiction.

The 287(g) program was criticized for damaging public safety, being prone to racial profiling, and lacking oversight.  In 2009, ICE revised the 287(g) program to prioritize the arrest and detention of undocumented immigrants with criminal histories. In a December 2012 news release, ICE announced it would not renew any of its agreements with state and local law enforcement agencies that operate task forces under the 287(g) program.

At that point, ICE concluded that other enforcement programs, including Secure Communities, are a more efficient use of resources for focusing on priority cases. Introduced in 2008, Secure Communities was a DHS program designed to identify immigrants in U.S. jails who are removable under immigration law. Participating jails sent the arrestee’s fingerprints not only to criminal databases, but also to immigration databases. No local law enforcement agencies were deputized to enforce immigration laws and ICE had only a technological presence in jails and prisons.

In November 2014, then-Secretary of Homeland Security, Jeh Johnson, issued a memorandum discontinuing the Secure Communities program, and replacing it with the Priority Enforcement Program to focus on convicted criminals and others who pose a danger to public safety. The memorandum instructed ICE to replace requests for detention (i.e., requests that an agency hold an individual beyond the point at which they would otherwise be released) with requests for notification (i.e. , requests that state or local law enforcement notify ICE of a pending release during the time that person is otherwise in custody under state or local authority).

Trump’s executive order promises to revive the 287(g) program, which allows states and localities to engage in immigration enforcement to supplement federal efforts. This practice can create mistrust of local law enforcement and involve the use of limited resources to detain and subsequently remove persons with only traffic stops or minor infractions.

With over 500,000 removal cases pending in fiscal year 2017, and immigrants facing years long delays before a judge makes a final decision on their case, the immigration court system is already heavily backlogged. 287(g) agreements fail to prioritize dangerous criminals over undocumented immigrants who pose no threat to public safety. They also tend to reduce cooperation from immigrant communities, which is crucial to preventing and investigating crimes.

Conclusion

Building a wall, increasing detention, and deputizing state and local law enforcement officers to enforce immigration law are consistent with Trump’s campaign promises. But they could very well backfire in the form of wasted taxpayers’ money, squandering of limited resources, unbearable pressure on the already backlogged immigration court system, and reduced cooperation between immigrant communities and their state and local law enforcement entities.

For information on Trump’s other executive orders on immigration, read:

Effects & Impact of Trump’s Executive Order on Enhancing Public Safety in the Interior of the United States

Effects & Impact of Trump’s Executive Order on Protecting the Nation from Foreign Terrorist Entry Into the United States

This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Photo by: Clive Darra

5 ways Obama’s executive actions benefit immigrants

President Obama announced, on November 20, executive actions aiming to grant temporary stay to millions of undocumented immigrants, prioritize the deportation of felons, streamline the employment-based immigrant visa system, expand the provisional waiver program, and promote naturalization.

In response, congressional Republicans have threatened to shut down the government, impeach Obama, sue the president, and not pass any immigration reform through Congress. Meanwhile, some immigrant rights groups say Obama’s executive actions don’t go far enough.

The most contentious executive action is the grant of temporary relief from deportation to certain undocumented immigrants.

Amid the political hoopla, many who are in the U.S. unlawfully or without immigrant status — and would like to stay long-term — are wondering, how do the executive actions affect me? 

Here are 5 ways Obama’s executive actions are expected to benefit immigrants: 

1) Grant deferred action to more undocumented immigrant children by expanding DACA 

Deferred action grants a temporary stay in the U.S. without the threat of deportation. But it does not create a path to lawful permanent residence or citizenship in the U.S.

Obama is expanding the Deferred Action for Childhood Arrivals (DACA) program (which was first introduced on June 15, 2012) to cover a broader class of children.

First,  DACA will cover all undocumented immigrants who entered the U.S. before the age of 16, and not just those born after June 15, 1981, provided they meet the other guidelines.  DACA will no longer be limited to those under the age of 31 as of June 15, 2012.

Second, DACA will cover those who have continuous presence in the U.S. since before January 1, 2010, instead of the earlier date of June 15, 2007.

Third, DACA grants and renewals, including the work permits that come with DACA, will be valid for three years instead of two years.

The expanded DACA program is expected to begin 90 days from the November 20 announcement (i.e. February 18, 2015).  Those who have been convicted of a felony or major misdemeanor crime (including burglary, DUI, domestic violence, or drug distribution) still do not qualify.

2) Grant deferred action to undocumented immigrant parents of U.S. citizens and lawful permanent residents

Obama is creating a new deferral program – Deferred Action for Parent Accountability (DAPA) – for undocumented immigrant parents who have a U.S. citizen or lawful permanent resident son or daughter on the date of the November 20 announcement.

To qualify, the parents must also (i) not be enforcement priorities for removal from the U.S., (ii) have continuous presence in the U.S. since before January 1, 2010, and (iii) present no other factors that would make a grant of deferred action inappropriate.

USCIS will consider DAPA requests on a case-by-case basis, and applicants may apply for work authorization provided they pay the filing fee. DAPA grants and renewals, including the work permits that come with DAPA, will be valid for three years.

The new DAPA program is expected to begin 180 days from the November 20 announcement (i.e. May 19, 2015).

Each applicant must pass a background check of all relevant national security and criminal databases, including DHS and FBI databases, that would show they have not been convicted of a felony or certain misdemeanors.

3)  Streamline the immigrant and nonimmigrant visa application process to support high-skilled businesses and workers

In a November 20 memorandum titled Policies Supporting U.S. High-Skilled Businesses and Workers, the Secretary of the Department of Homeland Security called for new regulations and administrative steps to:

(i) Modernize the employment-based immigrant visa system (and make it easier for U.S. businesses to hire and retain highly-skilled foreign-born workers).

(ii) Reform “Optional Practical Training” for foreign students and graduates from U.S. universities (and make it easier for those on student visas studying science, technology, engineering and mathematics (STEM) to remain after graduation for training and work opportunities).

(iii) Promote research and development in the U.S. (and make it easier for foreign investors, researchers and founders of start-up enterprises to conduct research and development and create jobs in the U.S.).

(iv) Bring greater consistency to the L-1B “intracompany transferee” visa program (and make it easier for companies to manage their global workforce).

(v) Clarify guidelines for worker portability (and make it easier for adjustment of status applicants to accept promotions and change jobs without affecting their employment-based green card process).

4) Expand the Form I-601A, provisional waiver program 

The provisional waiver program for the 3/10 year unlawful presence bar, which USCIS introduced in 2013, will expand to spouses and children of lawful permanent residents, as well as adult children of U.S. citizens. It will no longer be just for U.S. citizens’ spouses, parents, and children (unmarried and under 21).

To obtain the waiver, applicants must still prove their absence from the U.S. will create “extreme hardships” for their U.S. citizen or lawful permanent resident spouse or parent (qualifying relative).

DHA plans to further clarify the “extreme hardship” standard that must be met to obtain the waiver. New guidelines and regulations will need to be issued for this to go into effect.

5) Promote the naturalization process

Lawful permanent residents who wish to naturalize will see some improvements in 2015. USCIS is expected to:

(i) Promote citizenship education and public awareness for lawful permanent resident;

(ii) Allow naturalization applicants to use credit cards to pay the application fee; and,

(iii) Assess potential for partial fee waivers.

A November 20 memorandum, titled Policies to Promote and Increase Access to U.S. Citizenship, states there are more than 8 million lawful permanent residents who are eligible, but who have not applied to become U.S. citizens. While the executive actions are meant to promote citizenship, they do not lower the eligibility requirements to become a U.S. citizen.

* * *

To subscribe for email updates from USCIS on these executive actions, go to the Executive Actions on Immigration page on USCIS’ website.

This article provides general information only. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Beware of immigration scams!

Beware of notarios and scammers trying to take advantage of President Obama’s recent executive actions on immigration.

AILA National revamped its print Public Service Announcements (PSAs) that AILA members and the public can use to warn consumers about immigration scams.

The PSA is available in English and Spanish.

Only a licensed lawyer or accredited representative is authorized and qualified to help you with your immigration case. Unlike consultants,  immigration lawyers are licensed to represent clients.

Accredited representatives (who are not licensed lawyers but may provide limited assistance in immigration matters) must work for a Recognized Organization and be authorized by the Board of Immigration Appeals (BIA).  Recognized organizations that appear on this list may help with immigration matters. These organizations must either provide their services for free, or must only charge a nominal (small) fee for their services.

Notarios are neither lawyers nor accredited representatives. They often use the term “notario publico” in the Hispanic community. That title is not recognized in the United States as it is in some Latin American countries.

It is against the law for notarios to give you immigration advice. Even preparing immigration forms or green card applications is something that only a licensed immigration lawyer or accredited representative should do.

Lawyers from another country who are not licensed in the United States also are not authorized to provide immigration services within the United States.

In some cases, a law student participating in a law school clinic or legal aid program or through a non-profit organization may represent a person as described by regulation.

For more information, go to Stop Notario Fraud.

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Photo by: Richard Artschwager at Wadsworth Atheneum

Tune in for Obama’s address on immigration action

The White HouseTune in at 8 pm (ET) tonight (Thursday, November 20) for President Obama’s address on immigration action.

“Tomorrow night I’m going to be announcing here from the White House some steps I can take to start fixing our broken immigration system,” Obama said in a video posted on Facebook Wednesday afternoon.

Democratic leaders strongly support executive action on immigration. Republicans in Congress strenuously oppose Obama taking any unilateral action.

It’s not clear which groups of undocumented immigrants or how many will benefit from Obama’s executive order. Parents of U.S. citizens are likely to be included. Up to 5 million undocumented immigrants could be granted work permits and be shielded from deportation.

One thing’s certain: executive order alone cannot provide long-term immigration reform.

Although executive action shapes the way existing law is enforced, it does not create new law.  It would not provide undocumented immigrants with permanent resident status or a pathway to citizenship, which was proposed in the Senate bill that stalled in the House.

The Obama administration deported a record 438,421 unauthorized immigrants in fiscal year 2013, continuing the trend of increased enforcement that has resulted in more than 2 million deportations since Obama took office. Immigration advocates have dubbed Obama the “deporter in chief,” while Republicans in Congress have not complained about the stepped up enforcement.

Obama may use his executive authority to focus on deporting violent criminals and repeat offenders, instead of undocumented immigrants who pose little threat to the community and have strong family ties in the U.S.

But long-term, comprehensive immigration reform must come through Congress. Executive action by Obama would provide only temporary relief, not a lasting fix.

Watch Obama’s address online at White House Live.

This article provides general information only. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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