executive action

by Adrianna Romero Adrianna Romero No Comments

President Biden’s Immediate Immigration Plan

On January 21, 2020, President Biden signed six presidential executive actions that will affect immigration and visas in the U.S. immediately.

DACA: President Biden has instructed the Department of Homeland Security to preserve and fortify the DACA program and calls for legislation to provide a path to citizenship for DACA recipients.

Deportation of Liberians: Due to foreign policy reasons, President Biden reinstated and extended Deferred Enforced Departure (DED) for Liberians that are currently present in the U.S. Granting qualifying applicants protection from deportation, work authorization, and the opportunity to apply for adjustment of status (green card).

The Border Wall: Former President Donald Trump declared a national emergency at the southern border to allocate funds to construct a wall along the border. President Biden terminated the declaration of a national emergency, halted construction of the wall, and plans to reallocate funds to other methods of securing the border.

Census: To ensure that all inhabitants and those living in the U.S. are equally represented, President Biden revoked the previous administration’s order to include immigration status in the national census.

Immigration Enforcement: A previous executive action signed by former President Trump broadly increased interior immigration enforcement by encouraging local authorities to enforce federal immigration laws, and stripped funding from “sanctuary cities”. President Biden revoked this order and will adhere to previous policies regarding the enforcement of civil immigration violations.

Discriminatory Bans on Entry: The so-called “Muslim Ban” was several presidential proclamations and executive orders that prohibited people from primarily Muslim countries from seeking admission into the U.S. People from these countries will once again have the ability to apply for visas/admission and the current administration plans to assess the harms caused by the discriminatory bans.

A memo regarding pending regulatory actions issued by White House Chief of Staff, Ron Klain, states that pending rules at the Federal Register that have not been published yet must be withdrawn. Also, the effective dates the the rules that have been published but have not taken effect may be postponed.

As a result, the “Strengthening the H-1B Nonimmigrant Visa Classification Program Final Rule” will be immediately withdrawn. The rule meant to “clarify” how USCIS determines whether there is an “employer-employee relationship” to qualify as a “U.S. Employer.”

The effective date of the “H-1B Wage Selection Final Rule.” will be postponed until March 21, 21. The rule replaced the annual H-1B visa lottery that randomly selects foreign professionals with a process that prioritizes those offered the highest salaries for their occupation and geographic area.

In addition to the signing several executive orders on his first day in office, President Biden has also sent the “U.S. Citizenship Act of 2021” to Congress. U.S. Senator Bob Menendez (D-NJ) has announced that he will lead the legislative effort in the Senate to introduce the bill. Representative Linda Sanchez (D-CA) announced that she will lead the introduction of the bill House of Representatives. The Biden-Harris bill calls for immigration reform that will modernize the current immigration policies to treat noncitizens more humanly and will stimulate the economy.

by SCwpadmin SCwpadmin 24 Comments

United States Supreme Court Will Hear Case on President Obama’s Executive Actions on Immigration

The United States Supreme Court announced that it has granted the petition for writ of certiorari to hear Texas v. United States, the lawsuit that has stalled President Obama’s executive action programs of DAPA and Expanded DACA from taking effect. The Court is expected to answer the question of whether the President’s executive orders violated the Take Care Clause of the U.S. Constitution at Article II Section III. The Take Care Clause commands that the President take care that the laws of this country be faithfully executed. This ruling will determine the ultimate fate of the President’s long-anticipated programs and will be a key decision in this presidential election year during which immigration is such a hotly debated topic.

by SCwpadmin SCwpadmin 46 Comments

U.S. Supreme Court to Decide Whether to Hear Case on Obama’s Executive Action Programs

The long drawn-out battle for President Obama’s Executive Action programs such DAPA and Expanded DACA may be heard and decided this summer at the United States Supreme Court. These programs, which were announced more than one year ago, have been in limbo pending a lawsuit brought against the Obama Administration by 25 states led by Texas.  As a result of this lawsuit an injunction was ordered which stopped these programs from being put into place.  Now, if four of the nine Supreme Court Justices decide to accept this case it will likely be argued before the Court in April and decide by the end of June.  If the Court rules in the President’s favor, the injunction against the implementation of DAPA and Expanded DACA will finally be lifted and President Obama will see his Executive Action programs take effect before he leaves office.

by SCwpadmin SCwpadmin 96 Comments

Court of Appeals Denies Obama’s DAPA and Expanded DACA Programs

In a divided decision the Fifth Circuit Court of Appeals upheld the injunction stopping President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Expanded DACA programs from being implemented.  These programs, which were first introduced by the President approximately a year ago, would have granted temporary relief from removal to as many as 5 million non-citizens present in the United States without permission.  This ruling upholding the injunction means that these programs permanently will not be implemented unless the Obama Administration requests that the United States Supreme Court hear the arguments in this case. As of today, the Obama Administration has not confirmed whether or not they plan to appeal this decision.

by SCwpadmin SCwpadmin 410 Comments

Appeals Court Denies Stay in Exective Action Lawsuit

President Obama’s latest executive actions on immigration will remain on hold after a federal appeals court refused to lift an injunction on the two executive orders.

The first order would have implemented Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The plan would allow parents of US citizens and lawful permanent residents to request deferred action and apply for work authorization for three years provided they have resided in the US continuously for the past five years and pass a background check. The second order would have expanded Deferred Action for Childhood Arrivals (DACA) to include childhood arrivals who were 31 years of age or older when DACA was initially announced, as well as extending the period of work authorization under DACA from two years to three years. DAPA was scheduled to take effect in February, while the DACA expansion was scheduled to take effect this month. Combined, the plans would affect an estimated 4.7 million undocumented immigrants.

Twenty six states filed suit challenging the executive orders as an unconstitutional overreach of presidential power, and a US district judge issued the injunction in February when he sided with the states in the suit. The injunction is now likely to remain in place for the duration of the federal government’s appeal.  The court ruling does not affect the existing DACA program, which will continue to accept requests and issue deferred action and work authorization.

by SCwpadmin SCwpadmin 78 Comments

Work Authorization for H-4 Visa Holders

USCIS announced today that spouses of certain H-1B visa holders working in the U.S. will soon be able to apply for work authorization of their own. Details on this new regulation will be published in the Federal Register tomorrow, but here’s what we know now.

In order for the spouse in H-4 status to apply, the spouse in H-1B status must be eligible for H-1B visa extensions based on either of the following:

  • An approved I-140 employment immigrant petition; or
  • A filed Labor Certification application before the end of the 5th year in H-1B status.

Applications for H-4 work authorization will be accepted on May 26, 2015, but not before that date.

We know that people are eager to learn more about whether their spouse can receive work authorization under this new rule. We are offering a free teleconference to explain the details on March 12, 2015 at 12:00 pm MDT. To register and receive instructions for accessing the free teleconference, please RSVP here.

We will post updates on our blog  and on our Facebook page as new policies and regulations take effect. You can also stay abreast of developments at  www.uscis.gov. 

by SCwpadmin SCwpadmin 50 Comments

Federal Judge Halts Expanded DACA and DAPA

Monday night Federal Judge Andrew Hanen granted an injunction that temporarily stops the implementation of President Obama’s Expanded DACA and DAPA Programs.  Because of this injunction, Department of Homeland Security Secretary Jeh Johnson announced that applications for Expanded DACA will no longer be accepted on February 18th as was originally planned. Instead, the Expanded DACA and DAPA Programs have been put on hold until Judge Hanen’s ruling is either reversed or a different ruling is issued. This means that the Obama administration is unable to implement either Expanded DACA or DAPA until this lawsuit is resolved.

This ruling only impacts Expanded DACA and DAPA.  Applications for the original DACA issued in June 2012, renewals, and extensions under original DACA are not affected.

This injunction derives from a lawsuit joined by 26 states that are suing President Obama over his executive action immigration reform issued in November 2014.  If Judge Hanen’s injunction holds, these 26 states will be able to proceed with their lawsuit while the Expanded DACA and DAPA programs remain on hold.

by SCwpadmin SCwpadmin 48 Comments

New DACA Applications will be Accepted Starting February 18th!

Great news for those who will be applying for the new expanded Deferred Action for Childhood Arrivals (DACA) program! Applications for a three-year deferral of deportation and a three-year work permit will be accepted starting on February 18, 2015.

To be eligible for the new DACA program you must the following criteria:

  • Have entered the United States before the age of 16;
  • Have lived in the United States continuously since at least January 1, 2010 (rather than the prior requirement of June 15, 2007);
  • Are currently in school, have graduated from high school or obtained a GED, or have been honorably discharged from the U.S. military; and
  • Have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses.

You can schedule a consultation to start your DACA application today by calling our office at 303.407.4100.

For parents of U.S. citizens and lawful permanent residents, an application for deferred action will be available in mid-to-late May 2015. We will send an email when we learn the official application date.

If you know family or friends who may benefit from the President’s plan, please share our information with them. The attorneys at Stern & Curray will continue to update our blog and our Facebook page with any changes.

by SCwpadmin SCwpadmin 83 Comments

The Omnibus Spending Bill Passes Congress and Goes to President Obama

This weekend the Senate approved a $1.1 trillion bill to prevent a government shutdown and keep the government up and running for another year.  The bill, which passed 56-40 with both bipartisan support and opposition, notably does not fund the Department of Homeland Security.  The move to withhold funding from the Department of Homeland Security is an attempt by Republicans to put pressure on President Obama to withdraw his recently announced Executive Order.  If Congress can’t pass a funding bill by February 27, 2015, the Department of Homeland Security will shut down.

by SCwpadmin SCwpadmin 222 Comments

Highlights from President Obama’s Executive Action Immigration Reform

Last night President Obama implemented sweeping immigration reform.  The President’s reforms will impact many areas of immigration, such as immigration courts and deportations, border security, Deferred Action for Childhood Arrivals applicants, parents of U.S. citizens or lawful permanent residents, foreign students studying in the U.S., spouses of H-1B visa holders, and U.S. businesses, foreign investors, entrepreneurs, researchers, and highly skilled workers.

As noted on the USCIS website, highlights of President Obama’s Immigration reform plan include, but are not limited to, the following:

  • Broadening eligibility for the Deferred Action for Childhood Arrivals (DACA) program to people who came to this country before turning 16 years-old and who have been present since January 1, 2010. Also, extending the period of DACA and work authorization to three years;
  • Enabling parents of U.S. citizens and lawful permanent residents who have been in the United States since January 1, 2010, to apply for deferred action and employment authorization for three years, so long as they pass a background check;
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens
  • Modernizing and improving immigrant and nonimmigrant programs to grow the economy and create jobs.  Reform in this area may involve changes to the visa bulletin system, National Interest Waivers, and expansion of OPT for foreign students; and
  • Providing work authorization to spouses of H-1B visa holders.

The details of these reforms are currently being formulated by U.S. government agencies.  At present, most details and specifics of the President’s reforms are unknown and will be unveiled in the coming months.

Anyone who believes they may benefit from these reforms, please contact our office to set up a consultation.

 

 

 

 

 

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