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2016–The Year in Immigration

admin — Thu, 29 Dec 2016 22:28:29 +0000

Around this time of the year, as we say good bye to a year, it is customary to look back and review the events of the year. In Immigration law, there was very little if anything that was accomplished. No new laws were passed; in fact the Congress has not passed any new laws on Immigration for the last 16 years. The EB-5 Investment visa created by Congress in 1990 was about to end. The Congress extended it as is. If the Congress does nothing in the next session, that program might die. However it is interesting to note, that Donald Trump’s son in law is in charge of several EB-5 program, and several Trump hotels were built with EB-5 money.
Parts of President Obama’s executive actions, which was challenged by Texas, namely those dealing with parents of undocumented aliens, and expansion of the Dream Act was in effect denied by the Supreme Court. After Justice Scalia’s death, the Supreme Court, consisting of 8 members, deadlocked and thus, the US District Judge’s injunction against these measures became valid. The question of expanding DACA (the Dream Act) and DAPA (granting work permits to parents of the Dreamers) is for the time being, dead. Given Donald Trump’s campaign rhetoric, it is not expected to pass, especially with this same legislature.
The Provisional waivers were made a little easier. They are for:
1. Immigrants who entered without inspection,
2. have near relatives that are US citizens,
3. and these relatives will suffer if the person is deported. Therefore the Citizenship and Immigration Service will waive the fact that they entered without inspection (a civil offense), stop deportation and give them the Green Card (Permanent Resident Card).
Will there be comprehensive Immigration Reform in 2017? If I had to bet, I would bet no.

Please call Banerjee & Associates for more information

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DAPA/EXTENDED DACA DEAD

admin — Fri, 07 Oct 2016 20:32:00 +0000

Since Comprehensive Immigration Reform was not likely to pass, President Obama passed a series of Executive Actions to remedy some of the harm caused by immigration inaction. Originally DACA (Deferred Action for Childhood Arrivals) was published in 2010, which basically said that Kids brought over into United States before their 16th Birthday and before 2007, and graduated from High School or are in school, would not be deported. They would also receive work permits which would enable them to work, get Driver’s Licenses, etc.

In November of 2014, President issued another Executive order granting the same benefit to DAPA (Deferred Action for Parents of Americans). He also extended the DACA to include individuals who came before 2010, and under the age of 31. However that executive action also had other provisions, which both Democrats and Republicans relating to Business Immigration. Most notably H-4 spouses of H-1B holders who has an approved I-140 can apply for work permit. Other Business Immigration visas adjudications would standardize adjudication by Citizenship and Immigration Service memorandum. Please note that these Business Immigration provisions are in place and both Democrats and Republicans agree on these provisions.
State of Texas sued on grounds that DAPA and DACA exceeded the President’s authority. The Supreme was deadlocked 4/4 on the case in June of 2016. The Obama administration filed for another certiorari, but SCOTUS has refused to hear it this coming year when the new Justice is presumably appointed.
The SCOTUS did not give any reason for this refusal. Maybe the SCOTUS thinks that President Obama will not be in office, any Executive Actions he could have taken would be moot. Maybe the Court wants Congress to tackle Comprehensive Immigration Reform. Whatever the case might be, we will be left with people driving without a license or insurance, people falling sick with no health insurance, and people earning without paying taxes. Yes, it makes no sense. This is not a Green Card (Permanent Resident Card), it’s just a work permit so that undocumented aliens can pay their fair share for living in our midst.
For more information contact Banerjee and Associates

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CRS issues report on state action on enforcement of immigration law

admin — Tue, 29 Mar 2016 11:47:25 +0000

The Congressional Research Service (CRS) has issued a report on state challenges to federal immigration enforcement. The report, prepared by Legislative Attorney Kate M. Manuel, examines historical precedents and the pending U.S. Supreme Court case of Texas v. United States.

The CRS report points out that states and localities often have an interest in how the federal government enforces immigration law regarding undocumented immigrants. On the one hand, some cities have implemented policies to limit cooperation with federal enforcement efforts. On the other, states with large populations of undocumented immigrants have sued the federal government, unsuccessfully, seeking stronger enforcement measures through local law.

More recently, states have challenged the Deferred Action for Childhood Arrivals (DACA) initiative of the Obama Administration and a similar program, known as DAPA, for undocumented immigrants who are parents of certain lawful permanent residents or of U.S. citizen children. In this litigation, Texas v. United States, the U.S. Court of Appeals for the Fifth Circuit found that the programs violate the Administrative Procedure Act. The U.S. Supreme Court granted the federal government’s request for certiorari on January 19, 2016, and the high court indicated that when it considers the case later in the year, it will also consider the plaintiffs’ claims that DACA and DAPA violate the Take Care clause of the Constitution.

The CRS report concluded by stating that even if the decisions of the lower courts withstand appeal, the ability of states to challenge alleged “failures” of the federal government to enforce immigration laws is limited.

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