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 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

Travel in these Uncertain times

By | Commentary, Executive Order, Uncategorized | No Comments

We recommend that all non immigrants refrain from leisure travel outside the US for the next 90 days

For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States.

Green Card (Permanent Resident Card) holders of the United States traveling on  the above passports will be allowed to board U.S. bound aircraft and will be assessed for security at arrival ports of entry.  They may be taken to Secondary Inspection and this might take time, upon arrival

DHS and the Department of State have the authority, on a case-by-case basis, to issue visas or allow the entry of nationals of these countries into the United States when it serves the national interest. These seven countries were designated by Congress  as posing a significant enough security risk to warrant additional scrutiny in the visa waiver context.

The Refugee Admissions Program will be temporarily suspended for the next 120 days while the “Government” review screening procedures to ensure refugees admitted in the future do not pose a security risk to citizens of the United States.

The Executive Order does not prohibit entry of, or visa issuance to, travelers with diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas. All other visa applicants are advised not to make applications to US Consulates or attend visa interviews abroad, because the chances of getting a visa will be slim

Upon resumption of the U.S. Refugee Admissions Program, refugee admissions to the United States will not exceed 50,000 for fiscal year 2017.

The Secretary of Homeland Security will expedite the completion and implementation of a biometric entry-exit tracking system of all travelers into the United States.

If you meet the requirement to become a Citizen, do so as soon as possible.

 

For more information contact Banerjee & Associates