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Washington Post: Democratic State Attorneys General Urge Trump to Keep DACA, Say It Has Boosted Economy

Posted on July 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Washington Post reports that New Mexico Attorney General Hector Balderas on Friday joined 19 other Democratic attorneys general in urging President Donald Trump to keep the under-threat DACA program. In a letter to the president, the attorneys general said the 800,000 recipients of the DACA program have been a boon to universities and employers. “They are our neighbors, co-workers, students and community and church leaders,” the letter stated. “And they are boosting the economies and communities of our states every day.”

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Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

An article in the Washington Post shares the immigration story of Miguel Aguilar, who at age 11 fled his hometown in Mexico to escape escalating violence, and who now plays professional soccer for the D.C. United team. Two-and-a-half years ago, Mr. Aguilar was granted DACA, and is believed to be the first DACA recipient to sign a major league sports contract.

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Success Story of person escaping violence

Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

An article in the Washington Post shares the immigration story of Miguel Aguilar, who at age 11 fled his hometown in Mexico to escape escalating violence, and who now plays professional soccer for the D.C. United team. Two-and-a-half years ago, Mr. Aguilar was granted DACA, and is believed to be the first DACA recipient to sign a major league sports contract.

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Thousands of DACA Recipients Are Losing Their Work Permits

Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Thousands of DACA recipients are suddenly losing their ability to work legally, because USCIS is struggling to renew their employment authorization documents on time. Over 11,000 young immigrants, roughly 5% of the total number of DACA renewals that USCIS has approved so far, have had their DACA status and work permits expire in spite of having applied on time.

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DREAMERS and Immigration Reform. What is needed?

Posted on December 11, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Immigration Reform is here and Dreamers can get a work permit and get to be here legally if they qualify. Brian Lerner states that Dreamers has been able to apply for DACA or Deferred Action for the last 2-3 years. However, with the new immigration reform for Dreamers, we now have an expanded DACA and more people will qualify for Dreamers.

 

Brian D. Lerner, Immigration Attorney states that the following list is the general requirements of the immigration reform for Dreamers:

The program will be open to individuals who:

 

  1. Came to the United States before reaching your 16th birthday;
  2. Have continuously resided in the United States since January 1, 2010, up to the present time;
  3. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  4. Had no lawful status on June 15, 2012;
  5. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  6. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Brian Lerner, immigration attorney states that the difference between this immigration reform for Dreamers and the last Immigration Reform for Dreamers is that it first takes out the upper age requirement. Basically, one could not be older than 31 years old at the time that the first immigration reform Dreamers was made. Now, they can be as old as they are. However, the applicant, in accordance with Brian D. Lerner, must have not been older than 16 years old when he or she entered the United States.

See Brian D. Lerner speak about the immigration reform news 2014 about the new DACA

Additionally, another element with the new immigration reform is that instead of having to be physically present from all the way back in 2007, they can now show that they have been physically present since 2010. Otherwise, the immigration reform for Dreamers is basically the same. One item of concern is that you have to look at the last item regarding the criminal history of the applicant. Now, with the new immigration reform for Dreamers, there is also a rather comprehensive memo from the director of Department of Homeland Security which makes clear that someone may be under priority 1, priority 2 or priority 3 or no priority at all for immigration enforcement. Thus, there is the interplay between the immigration reform for Dreamers requirement that somebody not have been convicted of a felony or significant misdemeanor or 3 or more other misdemeanors and how that interacts with the enforcement memo. Brian Lerner also states that the definition of what is a ‘significant’ misdemeanor and/or felony seems to have been clarified somewhat by the new priority memo. Assumably, if somebody qualifies for the immigration reform for Dreamers, they will not be deported – even if under a certain priority category for enforcement.  Brian Lerner states we will have to see how this plays out and hope that the immigration officials will follow properly the executive order as well as the new policy memorandum on enforcement priorities.


As  usual, with immigration reform for Dreamers, there are questions and ambiguities and issues that need to be resolved. However, in the end, it is a good expansion of the immigration reform for Dreamers and is constitutional under the law.

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DACA is Here and ready.

Posted on August 29, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: What is deferred action?
Answer: Deferred action is a discretionary decision by DHS not to pursue enforcement against a person for a specific period. A grant of deferred action does not alter an individual’s existing immigration status or provide a path to citizenship. Thus, deferred action cannot be used to establish eligibility for an immigration status that requires maintenance of lawful status. Deferred action, however, may allow a person to qualify for certain state benefits, such as drivers licenses, though state requirements vary.
While deferred action does not cure any prior or subsequent period of unlawful presence, time in deferred action status is considered a period of stay authorized by the Secretary of DHS. An individual does not accrue unlawful presence while in deferred action status4 or while a DACA application is pending if the individual filed a request before reaching age 18. DHS can renew or terminate a grant of deferred action at any time.
What are the eligibility criteria for DACA?
To establish eligibility for DACA, individuals must demonstrate that they:
Were under the age of 31 on June 15, 2012,
Arrived in the United States before reaching their 16th birthday,
Continuously resided in the United States from June 15, 2007, to the present,
Were physically present in the United States on June 15, 2012, as well as at the time of
requesting deferred action from USCIS,
Entered without inspection before June 15, 2012, or any lawful immigration status
expired on or before June 15, 2012,
On the date of application, are in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces,
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, and do not otherwise pose a threat to national security or public safety.
Determinations will be made on a case-by-case basis and are within the discretion of USCIS.
Question: Is there a minimum age requirement for DACA applicants?
Answer: Individuals who have never been in removal proceedings or whose proceedings were terminated before they apply for DACA must be at least 15 years old at the time of filing their applications. Individuals who are under 15 but otherwise meet the eligibility criteria for DACA can apply once they turn 15.
Individuals in removal proceedings or subject to a final removal or voluntary departure order can apply for DACA even if they are under 15. Eligible individuals who are in immigration custody may not apply to USCIS for consideration, but instead are advised to identify themselves to their ICE detention officer or the Office of the ICE Public Advocate

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DACA is here and ready to file

Posted on August 29, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DACA is Here and ready.

Question: What is deferred action?
Answer: Deferred action is a discretionary decision by DHS not to pursue enforcement against a person for a specific period. A grant of deferred action does not alter an individual’s existing immigration status or provide a path to citizenship. Thus, deferred action cannot be used to establish eligibility for an immigration status that requires maintenance of lawful status. Deferred action, however, may allow a person to qualify for certain state benefits, such as drivers licenses, though state requirements vary.
While deferred action does not cure any prior or subsequent period of unlawful presence, time in deferred action status is considered a period of stay authorized by the Secretary of DHS. An individual does not accrue unlawful presence while in deferred action status4 or while a DACA application is pending if the individual filed a request before reaching age 18. DHS can renew or terminate a grant of deferred action at any time.
What are the eligibility criteria for DACA?
To establish eligibility for DACA, individuals must demonstrate that they:
Were under the age of 31 on June 15, 2012,
 Arrived in the United States before reaching their 16th birthday,
 Continuously resided in the United States from June 15, 2007, to the present,
 Were physically present in the United States on June 15, 2012, as well as at the time of
requesting deferred action from USCIS,
 Entered without inspection before June 15, 2012, or any lawful immigration status
expired on or before June 15, 2012,
On the date of application, are in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces,
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, and do not otherwise pose a threat to national security or public safety.
Determinations will be made on a case-by-case basis and are within the discretion of USCIS.
Question: Is there a minimum age requirement for DACA applicants?
Answer: Individuals who have never been in removal proceedings or whose proceedings were terminated before they apply for DACA must be at least 15 years old at the time of filing their applications. Individuals who are under 15 but otherwise meet the eligibility criteria for DACA can apply once they turn 15.
Individuals in removal proceedings or subject to a final removal or voluntary departure order can apply for DACA even if they are under 15. Eligible individuals who are in immigration custody may not apply to USCIS for consideration, but instead are advised to identify themselves to their ICE detention officer or the Office of the ICE Public Advocate

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DREAMERS: Deferred Inspection

Posted on August 7, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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More on Deferred Action for Dreamers

Posted on August 4, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DHS Convened a Stakeholder conference call Friday, August 3 regarding its recent Deferred Action directive. With only a few hours advance notice, DHS was eager to release some additional information related to Childhood Arrivals (DREAMers). This was the second stakeholder in less than a month.

From USCIS Director Alejandro Mayorkas:

Over the past 3 years DHS has made it a priority to exercise prosecutorial discretion by targeting the biggest threats in public safety, national security and fraud (amongst other issues) of our homeland. In this vein, Deferred Action for Childhood Arrivals (or as we like to call them, DREAMers), will officially begin receiving requests on August 15, 2012 and not any time before.

Question: What are some documents that can be used to document the Arrival Requirement?

Answer: The documents that may be accepted by USCIS to satisfy this criterion includes, but is not limited to:

Financial records
Medical records
School records
Employment records
Military records
What can be used to document the Residency Requirement?

Answer: Individuals must have continuously resided in U.S. since June 15, 2007 to present (for five years). Certain points were indicated by Director Mayorkas:

A brief casual and/or innocent trip outside of the U.S. may not necessarily interrupt the continuously residency requirement, so long as the trip occurred before Aug 15, 2012.
Any travel outside the U.S. after August 15, 2012 will disqualify an individual.
Individuals applying for Deferred Action of Childhood Arrivals who wish to travel outside the U.S. must apply for an Advance Parole (Form I-131) and pay the application fee for an Advance Parole ($360) after the Deferred Action request has been first made to USCIS. Advance Parole applications should be not be filed concurrently with a request for Deferred Action. (Generally, USCIS will only grant an Advance Parole for travel for humanitarian, education, or employment reasons.)
Individuals must be physically present in U.S. on June 15, 2012 and at time a request for Deferred Action is made to USCIS.
What about the Education or Military Requirement?

Answer: The documents that may be accepted by USCIS to satisfy this criterion includes, but is not limited to:

School diplomas
GED certificates
School transcripts
Report cards
Military documents such as report of separate forms, personnel or health records
What about the Criminal History Screening Requirement

Answer: The detailed definitions of felony, significant misdemeanor, and misdemeanors.

A conviction of driving under the influence (DUI or DWI) is considered a significant misdemeanor regardless of the punishment imposed. Minor traffic offenses (including driving without a license) will not generally bar a grant of deferred action but a requestor’s entire criminal history will be reviewed. If the criminal offense is not considered a national security, fraud, or public safety risk, then it will not be referred to ICE.

Knowing misrepresentations will subject an individual to criminal and/or removal proceedings from the U.S.

Question: What about The Use of Affidavits and Circumstantial Evidence

Answer: Affidavits alone will not be sufficient to satisfy any of the criteria for a request for Deferred Action for Childhood Arrivals but they may be used to supporting evidence only if the documentary evidence is insufficient or lacking. Circumstantial evidence may be used in the following instances:

Showing an individual was physically present in the U.S. on June 15, 2012, came to U.S. before their 16th birthday, and/or satisfied the five-year continuous residency requirement (so long as some evidence was available).
Used to fill in gaps of length of residence in the U.S.
Used to show travel outside the U.S. was brief, casual and innocent.
Question: What about Disclosure of Data to Other Government Agencies

Answer: Director Mayorkas indicated that information provided to USCIS on a request for Deferred Action is protected from disclosure to ICE and CBP for the purpose of immigration proceedings, unless the requester meets the criteria for a Notice to Appear (NTA).

If the Deferred Action request is granted, the individual will not be referred to ICE but the information may be shared with national security law enforcement agencies for purposes other than removal. The sharing of data may include data belonging to family members and guardians, in addition to data belonging to the individual applicant.

Question: What are the Filing Procedures

Answer: Director Mayorkas indicated additional information will be released on August 15, 2012. In the meantime, here is information related to filing procedures:

The request for Deferred Action for Childhood Arrivals will require the use of a form dedicated to this process (currently under review with the Office of Management and Budget (OMB)).
The request can be filed concurrently with an application for Employment Authorization (Form I-765). In order to qualify for employment, individuals must “demonstrate economic necessity” for employment. Work authorization will be approved initially for two years and may be renewed but at an additional fee.
The total all inclusive fee (includes Form I-765 as well) is $465.
Fee waivers are not available but fee exemptions will be made on a discretionary basis if individuals can demonstrate certain criteria related to the U.S. Poverty Guidelines. Fee exemption requests will need to be made before an individual requests for Deferred Action but not before August 15, 2012. (DHS will release more data on this issue on August 15, 2012.)
Biometrics and a background check will be conducted after a request is submitted to USCIS.
Interviews of requesters will be made on a discretionary basis to address issues of potential fraud and for quality assurance purposes.
Adjudication length will be monitored on an ongoing basis.
Denials of Deferred Action requests are not subject to an appeal or motion to reopen or reconsider.
Individuals who are currently in removal proceedings with final removal order or voluntary departure order may submit a request on condition they satisfy all the eligibility requirements for Deferred Action for Childhood Arrivals. BIA reps or attorneys may also contact the Public Advocate’s Office for more instructions regarding these individuals.

Individuals who have a separate application pending with USCIS (e.g.: U Visa), may make a separate request for Deferred Action if the benefit sought through the initial application has not already been granted. If the benefit from the other application has already been granted, then a request Deferred Action should not be made.

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