Tag Archives: DACA

USCIS Clarifies its RECALL of DACA 3 Year Work Document’s (EAD’s).

THIS IS AN IMPORTANT UPDATE ABOUT THE USCIS RECALL OF CERTAIN THREE YEAR EAD’S ISSUED TO DACA RECIPIENTS:

On July 1, 2015, USCIS Headquarters personnel in Washington, D.C. hosted a public engagement conference call to clarify their efforts to retrieve certain Employment Authorization Documents (EAD’s) issued to Deferred Action recipients under the 2012 Deferred Action for Childhood Arrival (DACA) program 다운로드.

Recently social media and other media outlets have been buzzing about the return of certain EAD’s issued with a three year validity generating fear that some DACA recipients may be in jeopardy  of losing their DACA status all together or that they may receive a visit from DHS agents to their homes. USCIS therefore attempted to ease much of this fear and clarify who is and who is not required to return a three year EAD.

The problem arose because immediately after the President’s November 20, 2014 Executive Action announcement (which included an expansion of the 2012 DACA program from two year to three year approvals), USCIS began issuing EAD’s to new and renewal DACA applicants with a three year validity period 가루약. On February 16, 2015, Judge Hanen issued an injunction as part of the Texas et al. v. U.S.A. litigation in the Southern District of Texas halting the expansion of the 2012 DACA program to three years as well as the implementation of Deferred Action for Parental Accountability (DAPA).  According to Judge Hanen’s Order, USCIS should have stopped issuing three year EAD’s immediately on February 16, 2015.  However, USCIS took some time to implement the terms of the Order and to switch back to issuing two year EAD’s.  As a result, approximately 2100 EAD’s were issued AFTER February 16, 2015 valid for three years.

In addition, USCIS also reported that approximately 500 EAD’s valid for three years were actually approved and first issued before February 16, 2015 but were returned to USCIS by the US Postal Service as undeliverable and re-mailed by USCIS AFTER February 16, 2015 오버워치 라이센스 다운로드.

What you need to know about the RECALL is:

  • ONLY THE 2100 THREE YEAR EAD’S ISSUED AFTER FEBRUARY 16, 2015 AND THE 500 EAD’S RE-MAILED AFTER FEBRUARY 16, 2015 ARE SUBJECT TO THE RECALL. 
                • USCIS was very clear that the approximately 108,000 three year EAD’s issued prior to February 16, 2015 ARE NOT SUBJECT TO THE RECALL 다운로드.
                • The recall is being carried out by Notice Letters being mailed to all affected DACA recipients.
                      • All three year EAD’s described above (about 2600 EAD’s nationwide) MUST be surrendered to USCIS no later than July 30, 2015.  Failure to surrender and affected three year EAD’s will expose the recipient to termination of their DACA status.  If a recipient has their DACA status terminated because of a failure to surrender an affected three year EAD subject to the recall, their failure will be considered as a negative consideration in any future application for DACA 다운로드.
                        • If a DACA recipient has a three year EAD and is not sure if their EAD is subject to the recall, the recipient should call USCIS at: 800-375-5283 and select option #8.   At the time of this posting, the option provides recorded information about this recall and the opportunity to speak with USCIS customer service agents who USCIS states will be able to confirm if a specific recipient’s EAD is subject to the recall 카카오 페이지 영화 다운로드.
                • Recipients of three year EAD’s subject to the recall should follow the instructions in the Notice Letter to mail the affected EAD back to USCIS by overnight mail to the address provided by the July 30, 2015 deadline.  If a recipient returns an affected EAD by mail, it is strongly recommended that you use a receipted and tracked service such as UPS or Federal Express or DHL which will provide you confirmation and signature proof of delivery.
        • USCIS also advises that recipients who are unable to meet that deadline by mail can also walk into any USCIS Field Office nationwide to surrender their affected three year EAD.  An Infopass appointment is NOT REQUIRED and the recipient can walk in to surrender the EAD.  The St 다운로드. Louis USCIS Field Office is located in the Young Federal Building in downtown St. Louis at 1222 Spruce Street, Room 2.205 Saint Louis, MO 63103-2815 The Kansas City USCIS Field Office is located at 10320 NW Prairie View Rd. Kansas City, MO 64153. If a recipient returns an affected EAD in person at a USCIS Field Office, the USCIS personnel should provide a receipt for the surrendered EAD 다운로드. DO NOT LEAVE the USCIS Field Office without a receipt.
        • USCIS has confirmed that if a DACA recipient had a three year EAD affected by this recall but is now unable to surrender the EAD because it has been lost or stolen or destroyed, the recipient must provide a sworn statement to that effect and the submission of the statement will constitute surrender of the affected EAD.
    • As of the date of this posting, USCIS states that ALL recipients of three year EAD’s which are subject to the recall have been mailed replacement EAD’s with a two year validity period. 
  • USCIS expects that a DACA recipient who is required to return a three year EAD should receive their two year replacement EAD very shortly after if not before the deadline to surrender their three year EAD 다운로드. There should be very little if any time that the DACA recipient will be without a valid EAD.
  • USCIS has confirmed that in the case of an affected EAD that is not timely surrendered, USCIS personnel may be sent to the residence of the DACA recipient in an effort to retrieve the affected three year EAD.  USCIS has explicitly confirmed that these visits will not be by ICE, CBP or other law enforcement agents. USCIS also reports that if a home visit is going to be attempted, USCIS will make an effort to contact the recipient by phone the day before the intended visit.  If a USCIS employee makes a visit, they should be in plain clothes and provide identification and a badge proving they are employed by USCIS.  They are not authorized to question any person in the residence or search any part of the residence and the sole purpose of the visit will be to retrieve the affected three year EAD 다운로드.

The USCIS senior directorate level personnel who conducted this conference call were very explicit that the only purpose of these efforts was to bring the 2012 DACA program into full and complete compliance with Judge Hanen’s February 16, 2015 Order and that USCIS’ overriding concern is to assure that all current DACA recipients are able to remain in full compliance with the program and maintain their valid work authorization.

If you have any further questions about this recall, please contact us at:

US Legal Solutions, LLC

Kenneth K. Schmitt

Gustavo Arango

8714 Gravois Road, St. Louis, Missouri 63123

314-729-1049

You can also visit the USCIS website for more information by clicking here.

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

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

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 다운로드. 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 다운로드. 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 다운로드. 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 맥용 오피스 무료.

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 건강손지압? If in the minority on Wednesday, the Democrats will be on the defensive on many many different fronts: Budget, Taxes, Appropriations, Keystone, etc. etc 비발디 브라우저. 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 레나 마리아.

AND President Obama MUST now be willing to go big on administrative prosecutorial discretion relief 다운로드. 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 이상한 나라의 앨리스 자막 다운로드!

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) 다운로드. 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!

 

Vote-tomorrow-graphicshort Tomorrow-we-vote-300 I-voted-today

DACA Update and Things to Come?

Earlier this week, the United States Citizenship and Immigration Service (USCIS) published its updated performance statistics for the Deferred Action for Early Childhood Arrivals (DACA) program.  The data is published through June 2014 and therefore covers almost a solid two years of data since DACA applications first could be filed in August 2012.  The performance data can be reviewed in its entirety here:

USCIS DACA Stats through to mid year 2014 다운로드.

Of some note, the data reflects that nearly 581,000 DACA approvals have been issued since August 2012.  Nearly 24,000 DACA denials have been issued during the same time period 윈도우10 익스플로러 11 다운로드.

While 581,000 may seem like a fairly large number indicating a successful program, this number actually falls significantly short of the nearly 937,000 immediately eligible individuals estimated at the announcement of the program in July 2012.  See the below analysis by Rob Paral prepared for the American Immigration Council / Immigration Policy Center 다운로드.

 7.31.2012 IPC Article on Who and Where the Dreamer DA Cases Are

In the meantime, The Hill newspaper reported yesterday that Obama is facing extreme pressure from immigration reform groups to move forward on an expanded prosecutorial discretion program – one which would benefit a much broader class of individuals.  Of course, the President is also facing fierce push back from the Republicans on the right X force 2014 download.

The Hill article quotes our own Professor Legomsky of Washington University School of Law who is back on the faculty after serving two years as Chief Counsel to USCIS then director, Mayorkas.  As Chief Counsel, Professor Legomsky was truly in the USCIS inner circle and had a significant hand in guiding the formulation of the USCIS Policy Memorandum that eventually resulted in the DACA program 다운로드.

The Hill article can be downloaded here:

8.26.2014 The Hill-obama-pressed

To understand the current debate over any expanded executive action which may or may not occur this year, it is very important to realize that what is being considered is purely an exercise of the President’s discretion to decide where and where not to expend the very limited resources appropriated by the Congress to enforce the immigration law 다운로드.

By the way, this discretion is actually a well established constitutionally protected prerogative of the Executive branch of the federal government rooted in the separation of powers doctrine 다운로드. On many past occasions, the Supreme Court has explained that if the Executive did not have the power of prosecutorial discretion, the Congress would be too easily enabled to move from writing the law into meddling with the enforcement of the law.  The constitution unequivocally delegates the power to write laws to Congress but the power to execute the law to the Executive 구글 지도 앱.

Since it is well established that there are in excess of 11 million undocumented individuals currently in the United States and the Congress only appropriates each year enough money to remove approximately 400,000 people a year (including removals of new arrivals at the boarder, not just folks already living in the interior United States), the President is left with no option but to prioritize where and how removal resources should be expended 다운로드.

Importantly, this reality we find ourselves in is entirely of the Congress’ own creation by its complete failure to address comprehensive immigration reform, the blind insistence by some Congressional members that immigration law be enforced to the maximum extent possible all coupled with the Congress’ refusal to budget anywhere near the money necessary to do so.  It’s a classic example the child stomping his feet and demanding to have all the goodies but not wanting to pay for them 다운로드.

Consequently, the President is left to a triage approach to immigration enforcement.  Under these conditions, it is simply common sense that the President must prioritize enforcement and focus the very limited enforcement resources available to him on the folks who pose the gravest threat to our communities such as those convicted of violent felony crimes.  Meanwhile, the undocumented immigrants technically subject to removal but who work, pay taxes, go to church, raise their children, cook our food, clean our houses, mow our yards (i.e. the VAST MAJORITY of the undocumented immigrants in our communities) will certainly end up being given a pass. Same old rule applies Congress, you get what you pay for.

The upshot to all this is that our communities will actually be better for it.

Stay tuned, Autumn will be interesting even after the elections.