Month: November 2022

by Breanne Johnson Breanne Johnson No Comments

Ukrainian and Afghan Parolees Eligible for Employment Authorization Incident to Parole

In order to provide Ukrainian and Afghan parolees with the same benefits that are given to refugees under the immigration laws, USCIS has decided that Ukrainian and Afghan parolees are eligible for employment authorization immediately upon entering the United States. Parole is the legal term for allowing someone to temporarily enter the United States even though he/she may not have a visa or be otherwise eligible for admission.

This policy is effective as of November 21, 2022, and enables certain Ukrainian and Afghan parolees (and their qualifying family members) to begin working immediately, and without applying for employment authorization from USCIS.  Eligible individuals will be able to show an unexpired I-94 to their employers to document their employment eligibility. This new policy provides a welcome and much needed benefit to many Ukrainian and Afghan nationals who have recently fled their home countries. For more information regarding eligibility for this new policy, please contact us for a consultation.

by Caroline Lee Caroline Lee No Comments

The Uncertain State of DACA

If you find yourself confused about what’s happening with the DACA (Deferred Action for Childhood Arrivals) program, you’re not alone. The program has been the subject of judicial whiplash for years, amid threats of its termination, and its future remains uncertain.

The DACA program, which provides protection against removal and deportation for people who arrived in the U.S. as children and who currently lack legal status, was created by executive policy under the Obama Administration. The Trump Administration rescinded the DACA memo after concluding that implementation of the program was inconsistent with the Constitution’s separation of powers. The Supreme Court then heard challenges to the rescission of the DACA program and found that the Trump administration had not properly rescinded the program. DACA survived termination for the time being.

Under the Biden administration, the Department of Homeland Security (DHS) has begun the formal rulemaking process to codify DACA under federal regulation, making it less susceptible to legal challenges. At the same time, the program remains involved in litigation to determine whether its implementation is consistent with immigration law. Currently, the program is before U.S. District Judge Andrew Hanen of Texas, to whom the Fifth Circuit Court of Appeals remanded the decision to consider the impact of the Biden Administrations DACA regulations on the program’s legality.

While the program is entrenched in litigation, DHS’s U.S. Citizenship and Immigration Services will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. Due to an injunction from the ongoing litigation, however, USCIS will accept but cannot process initial DACA requests. DACA recipients remain eligible for Advanced Parole travel authorization in limited circumstances.

Do you have questions about the DACA program? Reach out to schedule a consultation with one of our attorneys today!