Supreme Court Denies Trump Administration Expedited Appeal – Delays DACA Termination

By | CIS, DACA, Executive Order, Immigration, Immigration Reform, SCOTUS, trump | No Comments

Today, the Supreme Court denied the Trump administration’s request for an expedited judicial appeal, in an attempt to bypass the Ninth Circuit Court of Appeals while appealing a lower Federal District Court’s ruling that the Deferred Action for Childhood Arrivals (DACA) program must continue to accept renewal applications during the appeals process. What it means is that the Supreme Court wants DACA to wind its way through the legal process before tackling this issue. We predict that it will take at least 1.5 years to go through. By then, we hope that Congress will get a comprehensive Immigration bill passed. Until such time, the Citizenship and Immigration Service will continue to accept and approve DACA application.

Last September, President Trump originally ordered DACA to end on March 5, 2018, but on January 10, 2018, California Federal District Judge William Alsup temporarily blocked the Trump administration’s efforts to end DACA, and ordered the administration to resume receiving DACA renewal applications.

Now, if President Trump wishes to continue its appeal of Judge Alsup’s ruling, it must first file an appeal with Ninth Circuit Court of Appeals, traditionally a liberal leaning court that is likely to deny Trump’s appeal.  Once that denial is issued, then President Trump may resume its appeal to the Supreme Court.  However, even then, the Supreme Court is under no obligation to  grant certiori, meaning it would agree to hear the Trump administration’s appeal.  All these appeal steps will take time, from a year to a year and a half.

While these sets of appeals are taking place, the lower court ruling by Judge Alsup forcing the Department of Homeland Security to continue to accept DACA renewals still stands.  Thus, DACA recipients (“Dreamers”) can continue to renew their work permits under DACA.  More importantly, it buys time for Congress and the President to hopefully find a resolution to allow the nearly 700.000 Dreamers to permanently remain in the United States.

For more information, contact Banerjee & Associates

A Very Republican solution to DACA/DAPA

By | Business Immigration, DACA, DAPA, Houston Immigration, Immigration, Immigration Policy, Uncategorized | No Comments

Let me be completely honest with you—-I am not an emotional person. I am hard on everyone and operate on pure logic. So I am not going to argue that folks bought here illegally or entered illegally cannot assimilate into their home country. If Americans of any race can live in Mexico, so can they. I am not a bleeding-heart democrat nor am I an evangelical, looking for extra followers for my religion. What I say is just the rational thing to do.

Very few people come to the USA without papers, looking for something illegal to do. They come here because they find work in the US, rather than in their country of origin. If they did not get jobs, they would go back to their home country, simply because cost of living is higher in US. So we depend on them to clean our houses, cut our grass, etc. I pay about $22/hr per person to clean my house. I am willing to pay more. But I want to come home to a clean house. I had some American maids, but their quality of work was poor and in fact horrible in comparison to what I get from the undocumented workers. American Citizens simply don’t work hard.
If I wanted a foreign nanny, I could get an Au pair. But there are NO visa categories for maids, cooks, gardeners, construction workers. There are limited quantity of fruit pickers and restaurant workers. On a side note, it is important to note that when there was a waiter shortage in Mar A Lago, the number of H-2Bs were increased just to accommodate that shortage.

The immigrants working here with no visas, should be given visas because (1) They have a job; (2) They need to pay taxes. Although many do pay taxes, they don’t have to. Would anyone pay taxes if they did not have to? (3) they need to get auto and health insurance. Otherwise they are just draining our resources.
The undocumented came here to work. They do not need Asylum, or Family Immigration (or the recent term coined by the current administration being “chain” migration.) They work. So unless the US can give us citizens who can construct our houses, clean them, care for our lawns, they have to create visa categories for these types of jobs. If Mar A Lago needs foreign waiters, we need foreign workers to do these jobs. If you create sufficient number of these visa categories and folks still come in undocumented, then yes, call them illegal.

For more information call Banerjee & Associates

Hey You

By | DACA, Immigration, Immigration Policy, Uncategorized | No Comments

I came to America from India. One day, in an undergraduate English class in the top liberal arts college in India, the female Rhodes Scholarship winning teacher said, “for our men we are happy when they get a good job, but for our females, we are happier when they get married.” And that summed up my life in India. I would always be someone’s daughter, someone’s wife, someone’s mother. And so, like you, I came to America—–like you, whose forefathers came for a better life, like you whose parents came illegally, crossing the border so that they could give you a better life. I know you were too young to tell your parents to stop doing any illegal act. I know you were a child.
You went to school, here in America. You made friends and you played football with them. Your parents worked as maid and gardener. You were not rich, you wore second hand clothes. But there was always food on the table. Your parents did not tell you to study. They themselves can barely read. In high school, your parents did not buy you a car like the other kids. But you made it anyways. You graduated high school, you did not get into trouble.
Then you got into graphic design. When DACA came along, you got a job. You got a driver’s license. I remember the look in your face. Gone was a depressed little boy who did much of nothing. You had new enthusiasm. You got a job. In fact 2 jobs. You wanted to save up. You wanted a house, a wife like everyone else. You worked out, ate healthy and lost weight. You started looking good. There was a sense of purpose about you. You are today, what America made you.
And you paid your taxes. Paid for your Driver’s License, your car insurance, your health insurance. You gave back to America everything you could, because you love the only country you’ve lived in, the country that gave you everything.
And then you hear that you may be thrown out. As someone educated in USA, you will find a job in Mexico. But you don’t know anyone there. You don’t celebrate the same things, you don’t eat the same food. If we send you away, you will benefit the country that did nothing for you.

Banerjee & Associates

DACA Rescind

By | CIS, Citizenship and Naturalization, DACA, DAPA, Immigration, Immigration Policy, Immigration Reform, Travel, Uncategorized | No Comments

FACTS:
1. If your Work Permit expires March 5, 2018, you can file DACA extension for 2 more years—–but the application has to be received by Citizenship and Immigration Services before October 5, 2017
2. If your application is pending, the Citizenship and Immigration Services will continue to process them. Do your fingerprinting and answer all Request for Evidences
3. Anyone else cannot apply. It is advisable not to travel, even if you have a valid advance parole

Trump has asked the Congress to come up with an Immigration plan within 6 months

MORAL OBLIGATION:
The Republicans are not going to hear “emotional stories” of family unity. The only explanation is a logical one: We educated the children brought in without intention of coming illegally. They can work and pay taxes. They have already proven to be productive. Besides, they have no ties to their home country.
POLITICAL AGRUMENT:

I think both Democrats and Republicans would be open to extending DACA —-although the Obama era name might go. But if Democrats push for Citizenship, ie votes, then the outcome might get harsher. Republicans control the Legislative, Executive and Judiciary, and Democrats need to be prudent

 

For more information visit Banerjee & Associates

A Path to Citizenship for DACA

By | Citizenship and Naturalization, DACA, Executive Order, Immigration, Immigration Policy, Uncategorized | No Comments

A bipartisan (Yes, seriously) bill to extend the Dream Act was introduced today on the Senate. It was introduced by Republican Senator Lindsey Graham (SC) and Democratic Senator Dick Durbin (IL).
The so called “Dream Act” promises to not deport individuals who were brought to the US when they were kids, had completed High School, and have an unblemished moral character. Introduced by Obama as an Executive Action in 2012, Trump said in June 16, 2017, that he has not made a decision on the DACA program yet, and will not immediately cut it.
Today’s bill would actually extend a path to Citizenship to the Good Hombres. Applicants will receive a Conditional Residency for 8 years. If they prove themselves under the following conditions for 8 years, they get their Permanent Green Card (Permanent Resident Card). 5 yrs after that, they can apply for Citizenship.

They can apply for green card on the basis of:
1. Work track: Demonstrates employment over a total period of 3 years
2. Higher education: Completes at least 2 years of higher education.
3. Military service: Completes at least 2 years of military service or receive an honorable discharge.
4. Waiver: Receiving a “hardship waiver” that exempts an applicant from having to follow the tracks outlined above.

Republican Senator, Lindsey Graham said that the “Day of Reckoning” has come for the Republican party. The Question for the Republican Party is, what do we do with these people? How do we treat them? Here’s my answer: We treat them fairly, we do not pull the rug under them.”

The White House has indicated that Trump won’t sign the legislation. However, if this bill passes the Senate and the House, it will be so huge, that my guess is that Trump will sign.

For All your Immigration needs, contact Banerjee & Associates

The Immigration Legacy of President Obama

By | Commentary, DACA, H1-B, Houston Immigration, Immigration, L-1, Uncategorized | No Comments

On this last day of Obama’s presidency, I want to, no need to, look at all the Immigration actions he took, including ones that were the right thing to do, yet made him unpopular with his party.
DEPORTATION:
He has been called by Democrats as the “Deporter in Chief”. Yes, he deported more people than anyone else. But let’s be clear, we ONLY deport criminals. These are people who have come in illegally, or are not yet citizens of the US, and they have committed a felony. If these people get a lawyer, the process stretches out indefinitely. Do we, as a society need more felons, or drug users? I applaud Pres. Obama on standing up to his party.
DACA:
The legislature would not cooperate with President Obama and openly said that they wanted him to fail. Yet, despite that, he started the Deferred Action for Childhood Arrivals through executive action. This makes sense, because these people were educated by us, the US Taxpayers. They had to have at least a high school diploma and have no criminal records. If we don’t deport them, (we simply don’t have the resources to), you might as well let them earn and pay taxes. They get Driver’s license and car insurance. I do hope this program continues with the next President, because if this is scrapped, we will all lose.
ENDING CUBANS WET FOOT DRY FOOT POLICY
Again, breaking with the Democratic Party ideal, the ending of the absurd policy of Cubans getting Immigration as soon as they land in American soil. Unlike the 70s, when actual Cuban refugees came through, in the 80s, Castro opened Mariel Island, from where people could come by boat to Miami. Castro also opened up the jails and mental asylums. So people coming into Florida were either hard core criminal or criminally insane. Others came in from different countries and since they were born in Cuba, they were given residencies, but did not suffer any hardship from the Castro regime.
BUSINESS IMMIGRATION
The Democratic Party does not favor Business Immigration. Nancy Pelosi once said that businesses should pay the filing fees of the illegal Immigrants. But Pres Obama was hard where he needed to be, and soft in other places. In 2010, under his administration, the Citizenship and Immigration Service introduced the Control memo, which along with the Semieo case has been helpful to cut down on H-1B fraud. On the flip side, Obama with executive order has given H-1B’s spouses work permit, if the H-1B had an approved I-140. That helped save a lot of marriages. His executive order also clarified and simplified L-1 filings.

Thus the 43rd and 44th President of USA did what was fair and just despite opposition from both parties. Pres. Obama, you are my President, you always shall be.

For more information contact Banerjee& Associates 

2016–The Year in Immigration

By | DACA, DAPA, H1-B, Immigration Policy, Immigration Reform, Uncategorized | No Comments

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