Families wait for Judge’s decision.

As the Washington political establishment squabbles, people are waiting.

This time its the litigants in Texas who dither while families wait.

Literally millions of people in our communities wait while Judge Hanen in Brownsville, Texas considers thousands of pages of pleadings, memoranda, briefs and other legal filings in the Southern District of Texas Federal District Court.  It is here that more than 20 Republican governors and other state elected officials have filed suit against the Obama administration in State of Texas et al. v. United States of America, Case No. 14-CV-0025,

The lawsuit challenges the authority of the President to issue his Executive Actions announced on November 20, 2014 and seeks a Preliminary Injunction to stop their implementation while the suit proceeds on the legal merits of the Plaintiff’s claims.  So, While the USCIS website has announced that on February 18, 2015 it will begin accepting applications filed under the expanded DACA provisions of the President’s announcements, millions wait to see if an unelected judge will make himself a roadblock to their only shot at family security in the foreseeable future.

You can read more about this suit and what Judge Hanen, or the Fifth Circuit Federal Court of Appeals, should do if the law is to be followed in David Leopold’s excellent Blog/analysis by clicking here: 2.4.2015 Leopold blog on Texas lawsuit

We will be watching if Judge Hanen rules before applications can be filed.  We will keep you posted!

US Legal Solutions has a new Executive Action Resource Page!

immigrants for ea photoUS Legal Solutions is happy to announce a new addition to our website.  Our new Executive Action Resource Page can be found by clicking here.  Alternatively, just go to our home page and under “News and Updates” click on “Executive Action Resources”.  You will find lots of useful information including:

  • An updated and current schedule of US Legal Solutions Charlas Informativas
  • A chronological listing of links to all the US Legal Solutions News and Updates postings related to Executive Action
  • Links to other resources related to Executive Action.

Bookmark the Executive Action Resource Page and check back often!

Executive Action Update!

President Obama announces Executive Action.

President Obama announces Executive Action.

It has now been nearly two months since the President announced his Executive Action on Immigration November 20, 2014.  In preparation to implement the President’s announcement, USCIS has moved forward in preparing the necessary forms for expanded DACA this month and to implement Deferred Action for Parental Accountability in May.  USCIS has had at least two public engagement conference calls in preparation to implement these programs and is expected to issue more detailed guidance for these two programs in the next several weeks.  USCIS has also announced on its website that it will begin accepting applications under the expanded DACA guidelines February 18, 2015. (click here to read more from USCIS).

As expected, there has been push back from the Republicans on two different fronts.  In Congress, the House leadership crafted and voted out of the House a DHS funding bill that contains language which, if it became law, would impede the Administration from implementing the President’s November 20, 2014 directives.  As expected, however, this bill has stalled in the Senate where the Republicans lack the 60 votes necessary to end debate and call a vote on this bill.  As a result, this effort to stall the President’s initiatives has failed to date and will continue to fail as long as the opponents of this effort continue to filibuster the bill and prevent a vote.

Unfortunately, because the Republican majority has insisted on holding DHS funding hostage in their effort to stop the President’s initiates, DHS now risks running out of operational funding later sometime in February 2015. We are now on the brink of a possible DHS shut down.  This threatens our country’s national security at every level.  The agencies that fall under the Department of Homeland Security which are now threatened with a possible loss of operational funding include:

  • TSA agents providing security at our nation’s airports,
  • The Secrete Service protecting our President and other elected leaders,
  • The Federal Emergency Management Agency which provides local assistance in the event of tornadoes, earthquakes, hurricanes, flooding and other natural and man made disasters,
  • The Transportation Safety Administration that keep our highways, trains and commercial flying safe,
  • Even Customs and Boarder Protection that secures our boarders.

Without question, the Republican strategy of holding DHS funding hostage over their frustration with the President’s Executive Actions threatens to leave this nation more vulnerable to attack and will not succeed at stopping the President’s initiatives.

The President’s initiatives have also been challenged in the Federal District Court for the Southern District of Texas.  More than 20 Republican Governors have joined as Plaintiffs in this lawsuit claiming to be interested parties and claiming that their states have been “harmed” by the President’s actions.  They have asked the Texas Federal District Judge to issue an Injunction to stop implementation of the President’s Executive Actions until their claims can be fully adjudicated.

Many different interested parties have weighed in on this lawsuit by filing Amicus Curiae (” Friend of the Court”) arguments on both sides.  Supporting the President and his Executive Action include arguments submitted by New York Mayor Bill de Blasio with help from our own St. Louis City Mayor’s office.

At the end of the day, the Plaintiffs’ legal efforts to stop the President’s Executive Actions are most likely to fail on the issue of standing.  Standing is the legal requirement that the Plaintiffs must show that in some way they are personally injured by the President’s actions.  This will be very difficult for the Plaintiffs to show.  Admittedly, the Federal District Judge hearing this case is very conservative and the Plaintiffs chose to file their suit in this court because of its conservative leaning.  However, the law is not on the Plaintiffs’ side as explained in further detail by David Leopold, former National President and General Counsel of the American Immigration Lawyers Association.

You can read David Leopold’s well written blog/analysis by clicking here: 2.4.2015 Leopold blog on Texas lawsuit.

We at US Legal Solutions expect that the President’s Executive Actions will go into effect and the Republican efforts to interfere with the President’s sensible prioritization of limited enforcement resources will fail.  We fully expect that, if the President’s initiative is able to proceed, millions of immigrants in our communities will benefit and so will our Nation!

Ken Schmitt debates comprehensive immigration reform with Congressman Davis.

Congress working on immigration reform?Recently this author went head to head with Congressman Davis (Illinois-R) on the issue of Immigration Reform in the Illinois Business Journal.  Drawing on a number of respected economic studies, this author attempted to demonstrate the enormous economic opportunity costs we continue to suffer at the local, state and federal level as a result of Congress’ failure to fix our broken immigration system.  Ultimately, the argument concludes that any “fix” implemented will fail if it does not provide a pathway to legalization for a significant majority of the 11+ million undocumented individuals living and working in our communities.  Enforcement only or enforcement first approaches cannot and will not work.  You can read the argument and see if it convinces you by clicking here:     Ken Schmitt’s Point Article.

Congressman Davis’ Counterpoint argument provided a rendition of the tried and tired talking points we have heard over the last several years from the Republican party: “Enforce the law and strengthen the boarder.”  Not a surprise, the Congressman did not address the undocumented immigrant population and offered no solution to fix our broken system.  Just more resources to be thrown at an immigration system that fails our families, communities, businesses and our collective future.  You can read Congressman Davis’ Counterpoint argument by clicking here:  Rep. Rodney Davis (Illinois R) Counterpoint.

Deferred Action is here. What does it mean for you?

Bookmark this Post for all the latest Updates!

President Obama announces Executive Action.

President Obama announces Executive Action.

AUTHOR’S NOTE: Click here or contact US Legal Solutions TODAY to find out when we will be providing evening and weekend presentations and consultations and to secure your place on our client list!

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Call: (314) 729-1049 or Email: micaso@us-legalsolutions.com

Deferred Action is here. What does it mean for you?

November 24, 2014

Below will follow a brief overview of the more important highlights of the Presidents November 20, 2014 Executive Order.  It is posted for your general information.  However, it is critical that you seek experienced legal counsel before you present yourself to the Federal government with any application under the President’s Executive Order.  The consequences of an error in judgment can be catastrophic!

US Legal Solutions Has the experience of successfully representing hundreds of deferred action applicants and is ready to offer the experience of its lawyers to make sure your case is given the best possible chance of success.  In that effort, US Legal Solutions will be offering free informational sessions at its offices as follows:

CLICK HERE TO SEE THE CURRENT UPDATED SCHEDULE OF “CHARLA INFORMATIVAS” OFFERED BY US LEGAL SOLUTIONS.

 So what did President Obama do?

This past Thursday, President Obama made good on his resolve to act within his constitutional powers to make our country’s immigration system work as well as possible in face of Congressional failure.  In effect, the President has moved to make the best of the mess he has been handed by Congress.

The practical effect of President Obama’s Executive Order has been that Jeh Johnson, Secretary of Homeland Security, has now issued a number of policy memoranda to the immigration related agencies within his jurisdiction: US Citizenship and Immigration Service (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Boarder Protection (CBP).  Three of these memoranda are of particular significance.

Expanded Deferred Action.

First, as we reported would likely be the case, Director Johnson has directed Leon Rodriguez, Director of USCIS, to expand the existing Deferred Action for Childhood Arrivals (DACA) program in two important respects.

  • To expand the existing DACA program by removing the age restrictions, by adjusting the date by which a DACA applicant must have last entered the United States to qualify for DACA and by extending the period of deferred action granted from two year increments to three year increments; and
  • To further expand the exercise of deferred action to permit a second basis for application —   parents of US citizen and lawful permanent resident (holding a green card) children who have been in the United States since January 1, 2010.

As a result of this first November 20, 2014 policy memorandum, individuals will now qualify for DACA if the meet the following criteria:

  • Have last entered the United States and have continuously resided in the US since not later than January 1, 2010;
  • Are physically present in the United States when filing;
  • Were younger than the age of 16 years at the time they last entered; and
  • Had no lawful status as of November 20, 2014;
  • Have a clean criminal record which is generally defined as no felony convictions, no more than two misdemeanor convictions (other than minor traffic offenses) and no significant misdemeanors (as defined in a separately issued policy memorandum on prioritization of removal cases); and
  • Meet the preexisting educational requirement of being in high school, having obtained a high school diploma, being in GED classes, having obtained a GED or have been honorably discharged from the military.
  • There is no longer any requirement that an applicant be at least 15 years old or younger than 31 years old to apply.

The DHS memorandum further directs that USCIS should begin accepting applications under these new DACA requirements not later than 90 days from November 20, 2014 or by February 18, 2015.  Additionally, those granted DACA are to be given deferred action and work authorization for three years, including any applications approved after November 24, 2014 under the prior requirements.

Additionally, individuals will also qualify for deferred action if they meet a second set of criteria:

  • As of November 20, 2014, they have a son or daughter who is a US Citizen or Lawful Permanent Resident (green card holder);
  • They have continuously resided in the United States since January 1, 2010;
  • They were physically present in the United States on November 20, 2014 and at the time of filing their application;
  • They have no lawful status as of November 20, 2014;
  • Have a clean criminal record which is generally defined as no felony convictions, no more than two misdemeanor convictions (other than minor traffic offenses) and no significant misdemeanors (as defined in a separately issued policy memorandum on prioritization of removal cases) and they don’t fit into any other enforcement/removal priority groups as defined in a separately issued policy memorandum;and
  • They present no other factors that would make a grant of deferred action inappropriate.

USCIS is directed to begin accepting applications under this new category of deferred action requirements not later than 180 days from November 20, 2014 or by May 19, 2015.  Additionally, those granted deferred action under this criteria will also be given deferred action and work authorization for three year increments.

In general, both the expansion of DACA and the new category of “Deferred Action for Parents” represents an opportunity of an estimated 5 million additional hard working, contributing members of our community to come out of the shadows.  However, a couple of cautionary points should be observed.

First, this is far short of immigration reform and does not grant “Status” to any recipient of deferred action.  Those who qualify for deferred action are merely identified as non-priority individuals so that the administration can focus removal resources “priority” individuals (mostly threats to national security, gang members, individual with serious criminal offense convictions or multiple or significant misdemeanor offense convictions and very recently arrived individuals who are undocumented or caught at the boarder).

Deferred action is not a pathway to citizenship or legalization.  Deferred action is not amnesty!

Secondly, a grant of deferred action is absolutely discretionary and even if a person meets the criteria set out above, they can be denied. All deferred action applications are evaluated on a case by case basis. There is no appeal from a denial of an application for deferred action.

Consequently is it absolutely vital that if you believe you qualify, you should seek competent and experienced legal counsel before filing your application.  Find a lawyer who has significant experience with the DACA program who can bring their experienced eye (gained from successfully handling hundreds, not a handful, of successful DACA applications) to expertly evaluate and prepare your case.

Expanded Provisional Stateside Unlawful Presence Waivers.

The second policy memorandum issued on November 20, 2014 that will impact many of our clients’ lives is the expansion of the provisional stateside waiver for the unlawful presence bar.

Those who are subject to an unlawful presence bar trigger the bar by leaving the country to attend a consular appointment in an effort to “get in line”. Generally, more than fifty percent of these waivers are granted but, in the process, applicants are required to remain outside the country, separated from their families, for many months or years while their waiver is adjudicated and ultimately approved.

In 2013, USCIS amended its regulations to allow for an applicant to apply for an unlawful presence waiver and obtain a provisional approval of the waiver before they leave the country so that they aren’t separated from their families while the waiver is being adjudicated. However, this provisional stateside waiver is currently limited to beneficiaries of petitions filed by US citizen spouses.

The November 20, 2014 Stateside Provisional Waiver Memorandum directed USCIS to begin the process of amending this 2013 regulation to provide for provision stateside waivers in all family based visa applications filed where a visa number is available.

Prioritization of Removal Cases

Secretary Johnson also issued a November 20, 2014 policy memorandum directed to the immigration agencies to realign their prioritization of removal cases in a more formal, three tiered manner.  In general, the agencies are to consider individuals for removal according to three priority categories:

  • Priority I — Those who represent a threat to national security, boarder security and public safety (aggravated felons under the Immigration and Nationality Act, terrorists, street gang members etc).
  • Priority II — Those who have been convicted of more than two misdemeanors (excluding minor traffic offenses), significant misdemeanors and recent immigration violators.
  • Priority III — Those who have committed other immigration violations.

While all of this falls far short of what this nation deserves and hardly constitutes a sane immigration system, it is what we are left with given the Congress’ failure to act in any sensible fashion. Those who dislike the idea of executive action should pressure their elected members of Congress to do their job and enact comprehensive immigration reform!

 

##########END OF UPDATE##########

Deferred Action Is Coming! — UPDATED: November 19, 2014.

immigration-reform-rally

President Obama set to Address the Nation Tomorrow Night – Main Points of Executive Action already Leaked.

November 19, 2014.

Today, the President confirmed, as we suggested in our earlier posts, that he does not foresee any likelihood of meaningful cooperation by the Republicans on immigration reform in the next two years — certainly not reform that seriously addresses a legalization process for the estimated 12 million undocumented immigrants presently in the United States.  On the White House website President Obama posted a recorded message announcing that tomorrow, Thursday, November 20, 2014 at 8:00 p.m. Eastern Time (7:00 p.m. St. Louis time) he will address the nation to explain why executive action is necessary.  He further announced that he will then travel to Las Vegas, Nevada to provide further details of his expected Executive Order.  This order is expected to be directed to the Department of Homeland Security to carry out his directive for a massive exercise of prosecutorial discretion, likely dwarfing the scope of his 2012 Deferred Action for Childhood Arrivals (DACA) directive. You can watch the President’s message here.

What do we expect the President’s Executive Order to direct?

Confirming much of what has already been suggested late last week by various news outlets, the Washington Post published today their “Complete Guide to Obama’s Immigration Executive Action“.

You can download the complete Washington Post Guide here:

Your complete guide to Obama’s immigration executive action

In general, as we have reported earlier, it is expected the President will order the Department of Homeland Security to expand on its previous Memorandum pertaining to DACA in at least two, maybe three, respects:

  • To expand DACA to include individuals who last entered the United States in January 2010, as opposed to June 15, 2007 as previously required to qualify for deferred action; and
  • To expand the criteria necessary to receive deferred action consideration to include undocumented parents of United States citizen children.
  • Possibly, the order may also include deferred action relief for undocumented parents of children who are lawful permanent residents (i.e. have green cards) and undocumented spouses of US citizens and lawful permanent residents.

Currently, most sources believe that the order will not include relief for undocumented parents of children who have been granted DACA but who have no US citizen children.

Of course, until the exact terms of the Executive Order are released, there is no certainty as to who will be covered.  Even once the order is released, the specific criteria and finer details will not be precisely known until Department of Homeland Security and its immigration related agencies (United States Citizenship and Immigration Services, Immigration and Customs Enforcement and Customs and Boarder Protection) each issue their respective policy guidance.  Much of this guidance may well come in the form of Frequently Asked Questions (FAQ’s) similar to the DACA FAQ’s published and updated over the past two years on USCIS website.

What to watch for tomorrow night and Friday?

Watch for the President to lay out in general terms the broad groupings of people who he expects to be eligible to request deferred action.

Watch for the President to announce that those who qualify for relief under his executive order will also be granted work authorization.

Watch for an announcement of how many years at a time the expanded deferred action will be granted if approved. Currently, recipients of DACA are granted deferred action in two year increments requiring DACA recipients to renew their DACA application every two years.

Watch to see if the President will announce or if he will leave it to DHS to decide if recipients of the expanded deferred action will be granted permission to travel abroad and return to the United States while in deferred action.

Watch for any announcement about how this will be funded and, if addressed, expect a filing fee to be associated with the order.  The exact amount of any filing fee will likely not be specified by the President but will be left to Department of Homeland Security and USCIS to determine.  Likely a filing fee close to the existing DACA filing fee can be expected — somewhere between $350 and $550. Currently, the fee to file for DACA is $465.

Expect the President to justify his action by explaining that the enforcement mandate in the Immigration and Nationality Act is way to big for the resources appropriated each year by Congress and by pointing the finger back to Congress for failing to address the issue of undocumented immigrants in any meaningful or serious fashion. Expect the President to argue that this action is about conserving limited enforcement resources to focus on removing convicted felons and other bad people.  The President will argue that this really about smart use of limited resources and making our communities safer.

Expect the Republican leadership to continue crying foul but not much else.  There may well be various lawsuits filed by elected leaders here and there. However, any such suit will face significant legal hurdles and is not likely to go far.  Keep in mind that various lawsuits have been filed over the last two years against the Federal government challenging DACA but these have gone nowhere.

Expect more talk about “defunding” any executive action.  However, given the fact that any expanded deferred action is likely to be fee based and, therefore, self funding, and also given the fact that soon to be Senate Majority Leader Mitch McConnell has already ruled out a government shut down over the appropriations process, efforts to defund the President’s order will likely also go nowhere.

What happens after Friday?

If things follow in the same manner as it did after the announcement of DACA in June 2012, the President will direct Homeland Security and its underlying agencies to issue their guidance and publish all required forms for applying for expanded deferred action within a certain time frame.  In June 2012, DHS ordered USCIS to finalize its guidance and publish necessary forms within 60 days.  In compliance with that directive, USCIS in fact did publish the required forms by early August 2012 in time to begin filing for DACA in mid-August 2012. Expect a similar time frame for this process.

What will US Legal Solutions be doing after Friday to help you in this process?

Stay tuned here and register in the upper right of this page to receive updates about the President’s order and informational clinics we will be providing.  We will be scheduling informational clinics at our office to take place at regular times throughout the weeks following the President’s announcements. There will be no charge to attend the informational clinics.

After the informational presentation at the clinics, you will have an opportunity to meet for a consultation with a qualified and highly experienced attorney of our firm to find out exactly how the President’s announcement may benefit you and your family.  Keep in mind that US Legal Solutions has been a preeminent leader throughout Missouri and Southern Illinois in successfully assisting individuals to obtain relief under DACA.  We stand ready to apply our very successful experience to your potential case under the President’s new Executive Order.

US Legal Solutions is committed to making the President’s Executive Order a successful opportunity for as many members of our immigrant community as possible.

################# END OF UPDATE#################

Republicans Spin their Response on Weekend News Shows

November 17, 2014

Alberto Gonzalez, former Attorney General appointed by President George W. Bush.

Alberto Gonzalez, former Attorney General appointed by President George W. Bush.

Republican legislators over the weekend continued to insist on various news programs that the President’s plan to issue an Executive Order expanding deferred action for up to 5 million undocumented immigrants is overly provocative and possibly illegal.  Former Attorney General Alberto Gonzalez did concede however that, generally speaking, the President has a great deal of discretion delegated to him to decide how to enforce immigration law. He noted that those who would challenge the President’s executive action would face very significant legal hurdles to overturn it.

Interestingly, Gonzalez, a Republican darling, urged that what was needed was a “comprehensive plan” to reform the immigration system, not the president acting alone.  Perhaps someone could mail him a copy of S. 744?

Other Republican House members insisted that NOW they are ready to work with the president on a number of things (mostly Republican priorities) and the President should wait some time to “relationship build” for a few months (mostly to pass Republican priorities) and THEN they would be ready to work on immigration reform.  (Yea, right after peace breaks out in the Middle East!).

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Representative Boehner (Ohio-R) the current Speaker of the House and likely will remain Speaker in January 2915.

Others have been making the argument that the Republican House has passed x-number (pick your number) of bills addressing pieces of immigration reform but it has been the Democrat controlled Senate that refused to take up their bills.  Of course, in the light of S. 744 which cleared the Senate over 16 months ago, not a single one of the piecemeal bills out of the House addressed the status of undocumented immigrants.

President Obama.

President Obama.

And then, reported in various newspapers, there are those rattling the “impeachment” and “defund” sabers.  Given how poorly the impeachment of Bill Clinton worked out for Newt Gingrich’s popularity and what the attempts to defund “Obamacare” last Christmas season did to goose Obama’s poll numbers, these seem like particularly hollow threats.  In fact, soon to be Senate Majority Leader Mitch McConnell (Kentucky-R) has already ruled out a government shutdown which seems to stop the defund effort in its tracts. Besides, DACA, (as well as likely any expansion of deferred action) is entirely fee based and so requires no appropriation by Congress to implement.  Congress can’t “defund” what does not require funding in the first place!

All in all, as the anticipation of Obama’s action on immigration mounts, so does the rhetorical push-back. However, Obama appears set in his analysis that there is no relationship left to lose between himself and the Congress and the Republican leadership wouldn’t seriously consider a path to legalization even if there was. And he’s probably right.

Consequently, the President appears as resolved as ever to take executive action shortly since  time is passing. Stay tuned.

As the Washington political establishment squabbles, people are waiting.

As the Washington political establishment squabbles, people are waiting.

################# END OF UPDATE#################

 

President Obama Vows Executive Action while Millions Hold Their Breath!  

Friday, November 14, 2014.

With the November 2014 Mid-Year Elections barely a week past, the Washington DC antics are in full swing.  Center stage in this capital city drama is the fate of the 12 million undocumented immigrants who live in our communities.  President Obama has vowed to act by Executive Order to further prioritize how the very limited enforcement resources appropriated by the Congress should best be directed to keep our nation safe and to not waste resources on law abiding immigrants who benefit our economy and our communities.

President Obama announces Executive Action.

President Obama announces he is committed to sign an Executive Order to provide temporary relief to as many as 5 million or more undocumented immigrants by the end of December 2014.

Of course the Republicans (who take control of the US Senate when the new Congress convenes in January 2015) are livid.  However, as pointed out in previous postings by this author, President Obama is well within his constitutional prerogative to act in this manner.  The President’s right to exercise prosecutorial discretion is protected by the US Constitution’s Separation of Powers Doctrine.  Given the complete failure by Congress (and in particular, the Republican-controlled House) to act in any meaningful way in the last six years to address our broken immigration system, the President’s proposed exercise of prosecutorial discretion is particularly appropriate at this time and in this fashion. To read more about why the President has the authority to act in this manner, click here and click here.

boehner immigration executive order

Representative Boehner (Ohio-R) is (and will likely continue to be) the Speaker of the House of Representatives and opposes the President’s Proposed Executive Order.

The details of President Obama’s anticipated Executive Action have been slowing emerging on various news outlets since Thursday afternoon. According to a number of different news sources, the anticipated Executive Order is expected to provide relief from removal for up to 4.5 to 5 million individuals.

Key among the proposals are reported to be  Deferred Action for a new class of individuals–undocumented parents of US citizen sons and daughters — as well as an expansion of the existing Deferred Action for Childhood Arrivals (DACA) program.

Providing deferred action for parents of US citizen children alone would benefit several million people.  Perhaps more important, however, are the many more millions of US born children of these parents whose birthright as US citizens would also be protected.  Significantly (and unknown to most Americans) tens and hundreds of thousands of US born citizen children are forced to relocate each year from their homes in the United States to some of the poorest and most violent neighborhoods in the most violent countries on the planet when their mothers and fathers are removed by our Immigration Courts.  For many of these children, promising futures are ended overnight as infants and children face a reality of virtually no education, little if any access to healthcare and the constant threat of extreme violence.  It will not just be the millions of undocumented fathers and mothers who would benefit, but their tens of millions of US citizen children as well.

It is also suspected that the President stands ready to order the expansion of the existing DACA program by moving up the date since which a person must have resided in the United States to be eligible for DACA – from June 15, 2007 to January 1, 2010.  Currently, a person who last entered the United States after June 15, 2007 is ineligible to request deferred action under DACA.  However, if the contemplated change is enacted, all those who last entered the United States between June 15, 2007 and January 1, 2010 (and who meet all the other DACA criteria) would become eligible for DACA.  Some reports estimate the number of new individuals who would become eligible for relief under DACA resulting from this change may be as many as of 300,000.

None of these changes are a satisfactory substitute for actually fixing our broken immigration system. While Congress bickers, our food growers go without workers, our research institutions and leaders in technology scream for high tech visas and families remain broken in the land where “family values” are supposedly cherished.  But at least if and when the stomping crybabies on the Hill ever decide to legislate like adults on this issue, they will then be forced to do so in a way that seriously addresses the 12 million or more decent, hardworking people who live and work in the shadows but deserve better.  They will have to address these folks because the President’s action will move them out of the shadows and shine the light of day on their value to our communities.

And there will be a price paid for the President’s Executive Order — paid in the currency of increased acrimony and a further eroding of trust between the President and the Republicans on the Hill. Though of course, many might observe, what loss?

 

 

 

Courage and Legacy in the face of an Electoral Thumping.

Senate 2014 Midterm Election Courage and Legacy in the face of an Electoral Thumping.

Midway through this evening’s election watch, I imagine the President’s and the Democrat’s pain must have been palpable. Even as North Carolina was still too close to call, it was clear that the Republicans would return in January in control of both houses of Congress.  Mid-evening, it was clear that Republicans would hold at minimum 53 seats in the Senate.  Subsequently, North Carolina was called for Republican Tillis in a stunning upset virtually guaranteeing the Republicans 54 votes in January.  Add to that the substantial Republican gains in the US House as well as many key Governor’s races, and it all adds up to a challenging final two years for the Obama presidency. What’s a lame duck President to do?

Times like these call for courage and focus.  The president has had six years to lead the country to reform our broken immigration system and the broken promise it represents to our nation’s most precious asset, its future.  Having waited until 2012, Obama did nothing to address immigration other than increase removals to historic highs and then, in the last hour of this first term, a woefully inadequate exercise of prosecutorial discretion benefiting, to date, less than 600,000 worthy beneficiaries. Two months ago he promised to expand prosecutorial discretion relief by the end of 2014.  Now he has suffered the loses of November 2014.  With his presidential legacy at risk, eight years of residency in the White House without better results for the immigrant community represents an incredible disappointment to a constituency profoundly important to the Democrat Party’s future.

However, imagine if President Obama actually makes good on his promise. While legislative immigration reform is a long stretch at best in the next two years with the 2016 presidential race already under way, the strategic as well as moral case for a “go big” administrative action is compelling.  If the President moves to extend deferred action to eight or nine million hard working, tax paying, contributing members of our communities, he would force this issue onto the new Congress’ agenda.

More significantly, with eight or nine million worthy individuals allowed to emerge from the shadows, they will inevitably take their places among us as co-workers, fellow parishioners, students, taxpayers–i.e. our friends and neighbors and not the scary monsters they have been portrayed to be.  This would represent the greatest hope we have of changing the entire context and tone of the immigration reform debate.  It may also force the Republican Congress to actually address immigration in a serious manner.  If the Republicans have the courage to take up the issue, they will be forced to address a path to legalization for the 12 million undocumented immigrants since many of them would already be the recipient of expanded deferred action.  Of course, if the Republicans choose to only cry foul and push back, a 46 or 47 seat Democrat firewall in the Senate can stop them. Then on to 2016 and beyond.

In the process, the President, and by extension the Democrat party, will have lived up to their promise made to the immigrant community.  Additionally, they will have proven themselves worthy of a legacy they can be proud of and which honors our nation’s past and helps to secure its future.

 

GO VOTE: Election Day is Tomorrow, November 4, 2014!

GO VOTE: Election Day is Tomorrow, November 4, 2014!

vote button uncle-sam-vote-2751

 

 

 

 

 

 

With all the talk of the Republicans being poised to take control of the Senate, you may think you have a million other things to do more compelling than standing in line to vote. And you could not be more WRONG!

Even if Republicans do win the Senate and control both houses of Congress after tomorrow, they will not gain enough seats to effectively pass legislation without Democratic support in the Senate since it requires 60 votes to invoke cloture and vote on legislation. It also takes 66 votes to override any veto by President Obama. As a result, a minority Democrat party will still be in a position to defend the precious few but important gains achieved in the immigrant community, such as DACA. While many vocal Republicans in the House and Senate have squawked about repealing or ending DACA, this will be impossible with the slim control they may have after tomorrow–provided the new Democrat minority stands up against them.

But consider, what incentive will this new Democrat minority have to stand up and defend these important gains if our voices are not heard on Tuesday? If in the minority on Wednesday, the Democrats will be on the defensive on many many different fronts: Budget, Taxes, Appropriations, Keystone, etc. etc. etc. The Democrat party, which has benefited greatly from the immigrant advocacy over the last decade, MUST know that we demand they stand up for our community and push back to preserve what immigration gains we have made.

AND President Obama MUST now be willing to go big on administrative prosecutorial discretion relief. With the Senate Democrats forming the firewall against any Republican push back, now is the time for Obama to bring the majority of undocumented immigrants, who are law abiding, productive, tax paying members of our communities, out of the shadows!

Doing so will set the table and the standard against which any Republican effort at immigration reform will be judged (if indeed they even have the backbone to address the issue in the run up to 2016). Failure to do so will leave a huge indelible stain on any legacy Obama hopes to have!

I’ll see you tomorrow morning, bright and early!

 

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ALERT: Obama Close to Expanded Deferred Action?

ALERT:  Obama Close to Expanded Deferred Action?

BuzzFeed News reported yesterday:

Justice Department and Homeland Security officials are sending to the White House their final recommendations on what immigration executive actions should look like, according to four sources who have been briefed on the timeline.

You can read the entire BuzzFeed article here:

The Final Recommendations For Immigration Actions Are Being Sent To Obama

According to the BuzzFeed Article several key concerns central to the immigrant community are still up in the air for consideration.  For example, how long would a person have to have been in the United States to qualify for the proposed deferred action and how broad or restrictive the qualifying criteria will be to qualify for consideration.

By way of comparison, to be eligible for the Deferred Action for Childhood Arrivals (DACA) program initiated in 2012, a person has to (1) have been in the country since prior to June 15, 2007 and have been brought to the country on or before their sixteenth birthday, and (2) be in high school, have received a high school diploma or be studying for or have obtained a GED or have served in the military (as well as meet a host of other requirements including a clean criminal record).  As a result, the number of individuals able to qualify for DACA in the program’s first two years through June 2014 has fallen short of 600,000. (See this site’s earlier post from August 28, 2014).

Advocacy groups are hoping this time around, executive action will be aimed at benefiting a much larger portion of the 10 to 12 million undocumented immigrants who currently live in the shadows of our communities.  Understanding that all but a very small minority of these individuals are law abiding and are an asset to our communities by working hard, providing for their families, educating their kids and otherwise living productive lives, the hope among advocates is that this time around many millions will benefit from any action taken by the President.  The BuzzFeed article references various sources estimating possible numbers to benefit from the program as being anywhere from one or two million to as many as seven or eight million or more.

While no time frame for actual action on the recommendations is referenced in the article, we know the President has promised action by the end of 2014.  This author’s own sources suggest that we might expect to see some action taken around mid-December, 2014.  It seems that the President may have already made up his mind what he wants to do but will take some time to assess the political fallout from the November 4, 2014 elections first.  Likely he will huddle with Democratic Congressional leadership before making any final announcement to prepare for the inevitable Republican push back.

Considering the fear of any such push back, one source from the BuzzFeed article had a particularly prescient observation:

“We’re going to have a fight on our hands with Republicans and need every part of the movement to be enthusiastic and lean into this fight,” veteran immigration advocate Frank Sharry said. “He’s not going to get criticized any less for somehow trying to go smaller.” “Whether it’s 1 million or 2 million or 7 million, it will be equal criticism,” said Marielena Hincapié, the executive director of the National Immigration Law Center. “This isn’t about appeasing Republicans; he’s never going to appease them.”

Translation:  Hang on tight, it’ll be one heck of a ride either way! And stay tuned here for the latest news and updates!

 

 

Update: Napolitano Provides DACA Insider Story at University of Georgia.

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As foreshadowed in her interview with the Washington Post this past weekend, former Department of Homeland Security Secretary, Janet Napolitano, addressed a University of Georgia School of Law symposium on Monday, October 27, 2014.  Her remarks constituted the 112th Sibley Lecture at the campus and was titled “Anatomy of a Legal Decision”.

The address is a fascinating read and provides a detailed insight into the complicated and heated debate within the administration that took place in the summer of 2012 and ultimately culminated in the Deferred Action for Childhood Arrivals (DACA) program.

The complete address can be downloaded by clicking here: President Napolitano Sibley Lecture UGA School of Law 10.27.14.

Nepollitano observes very early in her remarks:

The story of immigration policy in this land, including the development of DACA, is a story of shadows and shades of gray – it’s no area for absolutists.

She continues to observe that in the effort to address our broken immigration system:

.     .     .      all too often immigration policy, and the debate that envelops it, resemble a washing machine at work – load, inject soap and water, churn, (also known, interestingly, as agitate,) , rinse, drain, spin, repeat. The main difference is that in the immigration realm, we never seem to graduate to the dryer—we just do it all over again.

Napolitano goes on to provide a thoughtful account of the nuanced and intertwined issues of policy and law that affect not just the debate that ultimately coalesced into the DACA program but the broader immigration debate in this country.  The remarks are a great read and go a long way to explain why we have the disastrous immigration system we have.