SNL & School House Rock: “You’re Right, There Oughta Be a Law”

Contributed by Amber L. Blasingame, Associate Attorney, Colorado Springs

On the Saturday following President Obama’s announcement, Saturday Night Live, in all its comedic glory, presented an opening skit satirizing the President’s Immigration Accountability Executive Order. The skit parodies the School House Rock public service announcement on how a bill becomes a law (“I’m just a Bill, yes, I’m only a Bill; And I’m sitting here on top of Capitol Hill”). Before the weekend was up, the skit was posted all over social media by individuals on both sides of the immigration debate. While the skit is certainly entertaining, it expresses misinformation about the President’s executive order announced on November 20, 2014.

In the skit, President Obama throws the hapless Bill down the stairs of the capitol in favor of his Executive Order. Conversely, in the President’s address on November 20, 2014, he was clear that his executive action was not intended to replace any act of Congress. In fact, he appealed to Congress to pass an immigration bill for his signature. The executive actions are only meant as a stop gap measure until Congress and the President can agree on the best way to reform our broken immigration system. The President can only issue an executive order within the parameters and limitations of the existing laws passed by Congress. Nevertheless, those existing, immigration laws desperately need to be clarified and updated to meet the needs of our country in the Twenty-First Century. The president’s actions do not fix our broken system. The order only provides temporary relief in anticipation of a more permanent solution from Congress. We still need Congress to pass a bill or bills to reform immigration.

When presenting the Executive Order in the skit, the President declares that the Executive Order is going to give “legal status” to millions of “illegal immigrants.” The misnomer of “illegal immigrants” aside, the Executive Order does not offer “legal status” to undocumented immigrants. The President’s order offers a contract with undocumented immigrants that, if accepted and maintained, would protect applicants from deportation (“removal”) temporarily. This is not a “status” in the legal sense; at best it may be considered a “benefit” since applicants may also qualify for employment authorization or, more apt, temporary “relief” from deportation. The contract does not implement a “path to citizenship” or even “legalization.” The benefit of relief is precarious and may be breached by either party at any given point in time. If the executive order is not extended or is rescinded, then the contract is terminated. If a recipient violates any of the terms of her application, then the contract is breached and the applicant could be subject to removal proceedings. The Immigration Accountability Executive Order in no way grants legal status to any undocumented immigrant.

Finally, the Executive Order, smoking his stogie, expressed surprise to hear that he would be doing something more than creating a national park or holiday. Presidents throughout the centuries have used executive orders for far more than establishing national parks or holidays, including immigration relief to millions of undocumented immigrants. The predecessor of the executive order was the presidential proclamation, two of which comprised President Lincoln’s Emancipation Proclamation. More recently, President George W. Bush signed into existence more than 290 Executive Orders during his two terms in office. He too was called a king or a tyrant on many occasions when he unsheathed his mighty pen to sign yet another executive order. Among those executive orders, in 2003, was one that was passed with little fanfare, but it permitted a do-not-pass-go-do-not-collect-$200 path to citizenship to any “nonimmigrant” who enlisted in the military during the conflicts with Afghanistan and Iraq. Of course very few people are likely to protest such action for those who are lawfully in the country and who want to serve their adopted country and the action only extended to a few thousand foreign nationals who could qualify for the MAVNI program (Military Accessions Vital to the National Interest). However, the order provided far more than just a contract to recipients and even more than just legal status, but actual citizenship – the right to vote, the right to run for office, the right to the protection of the United States. President Reagan signed 381 Executive Orders during his time in office, more than any president since President Franklin D. Roosevelt, who signed a whopping 3,721 Executive Orders before retiring from office. President Reagan, among his order, signed an executive order that offered relief to thousands if not millions of undocumented immigrants in the wake of Immigration Reform and Control Act of 1986 as a stop gap measure. The same executive order was extended by President George H. W. Bush. President Obama’s actions are in good company, and it should have been of no surprise to the Executive Order just how much he could do.

So, by all means enjoy the SNL skit for what it is – entertainment. However, just know that it is not a reliable source of information on the matter of immigration reform or the recent executive actions. And we still “hope and pray” that immigration reform will become a law, “but today [it is] still just a bill.”

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Executive Action Expands Protection for Victims

Contributed by Koby Polaski, Senior Attorney

Included in Obama’s sweeping changes to our nation’s immigration system are two important provisions that apply to U and T visas. The U visa is available for certain crime victims in the United States, and the T visa is available to victims of human trafficking.

First, President Obama expanded the Department of Labor’s (DOL) U visa certification protocol to include three additional qualifying criminal activities. Specifically, the DOL will begin certifying U visa requests that include: extortion; fraud in foreign labor contracting; and forced labor. Additionally, the DOL will certify applications for trafficking victims seeking T visas when the Wage and Hour Division detects human trafficking activity in the course of its workplace investigations. The DOL will publish a Federal Register notice delegating authority to issue T visa certifications and will amend procedures and protocol to reflect these changes.

Obama’s changes also call for the establishment of an interagency working group addressing consistent enforcement of federal labor, employment, and labor laws, which will seek to ensure that federal enforcement authorities are not used to undermine worker protections. The changes also call for the implementation of strategies to strengthening workers for asserting workplace claims.

Finally, under a new prosecutorial discretion memo released last week, domestic violence is now classified as a significant misdemeanor. The memo contains a footnote instructing that in determining whether a crime is a significant misdemeanor, careful consideration should be taken in cases where the convicted individual was the victim of domestic violence. This indicates sensitivity to the fact that survivors of domestic violence are often arrested along with the perpetrator. Hopefully, under this guidance, ICE will not only help “perfect” crime victims.

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Expansion of Parole in Place Benefits to Family Members of Military Enlistees

Contributed by Amber L. Blasingame, Associate Attorney, Colorado Springs

President Obama’s Executive Action announced on November 20, 2014, expands in Parole in Place to family of US Citizens and Permanent Residents who are “seeking to enlist” in the military. Secretary Jeh Johnson’s memorandum published on the same day as the President’s announcement would widen the pool of eligible beneficiaries of parole in place and procedures published by US Citizenship and Immigration Services in November 2013.

Parole in place permits an applicant for permanent residence, who is otherwise eligible, to adjust status in the United States, even if the applicant entered the United States without inspection. A person who has been lawfully admitted or paroled into the United States, who has an immigrant visa available, may apply for permanent residence under INA § 245(a) without having to leave the United States for consular processing. The Department of Homeland Security may offer parole in the discretion of the Attorney General “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” Parole “in place” allows an applicant who may have previously entered without inspection to be “paroled” into the United States without having to first leave the United States to correct the prior entry, thus extending to the applicant the equivalent of a lawful admission.

The spouse, parents, or children of a United States Citizen benefit the most from parole in place. Because the Immigration and Nationality Act forgives any period of unauthorized stay or employment for the “immediate relative” of a US Citizen and allows the person to adjust if she provides evidence of a lawful entry. However, parole in place is also available for the immediate family members of Lawful Permanent Residents. In the latter case, the family would be allowed to adjust status upon issuance of parole in place, but may have to qualify for and submit a waiver of any unlawful presence in the United States of six months or more.

The memorandum published in November 2013, provided a more structured process by which family members of enlisted or retired military personnel could obtain parole in place. Previously the documentation and eligibility for parole in place was up to the individual field offices. The November 2013 memorandum not only provided a form and required documents, but also clarified who was eligible, including the spouses, parents, and children of active duty and retired or honorably discharged military personnel.

In an effort to comply with President Obama’s executive action and increase military recruitment, the November 2014 memorandum now expands the benefit of parole in place to the immediately family members of US Citizens or Permanent Residents “seeking to enlist” in the military who have not yet been assigned as active duty. The memorandum also “direct[s] USCIS to consider” offering deferred action to the family of service members and veterans who entered lawfully into the United States but may not be eligible for other immigration benefits.

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Bringing Business Immigration into the Twenty-First Century

Contributed by Melanie Corrin, Partner

The President’s announcement regarding Executive Action on immigration Thursday, November 20, 2014 did not only reach some individuals who are in the United States without documentation, it also addresses needs in other areas of immigration that can be evaluated and bettered for our nation’s businesses.

In the coming months the United States Citizenship & Immigration Service (USCIS) will be tasked with working with the United States Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.  This includes all Employment Based categories.  Additionally, USCIS will work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

Additionally, USCIS has been tasked with providing clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.  Given that some individuals are waiting seven years before they are adjustment eligible, the current system stymies career development and employer’s ability to promote based on archaic reading of immigration laws and regulations. 

Other Steps the Executive Action Seeks to Take:

• Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.
• Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing; or otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.
• Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.
• Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.
• Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

Please contact Joseph Law Firm, P.C. if you have any questions about the above information, we look forward to working with you.

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Timeline for Deferred Action Applications Following President’s Announcement

Contributed by Aaron Hall, Partner

United States Citizenship and Immigration Services (USCIS) is the agency that will be deciding applications for deferred action under the new programs announced by President Obama on November 20, 2014.  USCIS is not currently accepting applications but has announced the following timeline:

-Applications for deferred action under the newly expanded Deferred Action for Childhood Arrivals (DACA) program will be accepted beginning on about February 18, 2015.  Applicants must have (1) entered the U.S. before turning 16, (2) resided in the U.S. since at least January 1, 2010, (3) graduated from high school or obtained a GED, or be actively pursuing their high school education or its equivalent in school, (4) not had any disqualifying criminal offense.

-Applications for deferred action for parents of U.S. citizens or lawful permanent residents will be accepted beginning on about May 19, 2015.  Applicants must (1) have resided in the U.S. since at least January 1, 2010, (2) have a U.S. citizen or lawful permanent resident son or daughter, (3) not have disqualifying crimes or otherwise be an enforcement priority.

While USCIS is not currently accepting applications, those who will want to apply should begin gathering evidence to support their applications.  Anyone who thinks he or she might qualify but has an order of deportation or voluntary departure from an immigration judge may need to take immediate action, even before USCIS begins accepting applications.

Call 303-297-9171 to set up a consultation to talk about your eligibility and the timeline for filing an application.

-Jeff Joseph explaining the impact of the President’s Announcement (VIDEO)

-Aaron Hall explicando el impacto del anuncio del Presidente (VIDEO en español)

-Amber Blasingame on the new policies and programs from the 11/20/2014 announcement

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Impact and Analysis of the President’s Executive Action on Immigration

Contributed by Amber Blasingame, Associate Attorney, Colorado Springs

President Obama’s announcement brings much needed relief to millions of undocumented immigrants. However, President’s executive action on immigration will not be a panacea for all undocumented immigrants and will only extend temporary relief until and if Congress passes a more permanent solution. The executive action also calls to develop and improve current legal immigration processes for employment based status and naturalization.

The President’s actions have been calculated to reach the widest population possible within his executive authority. The order will extend benefits to various categories of undocumented immigrants, but not status or a path to citizenship. The order will include the following relief and expansion of existing benefits: (1) Deferred Action for Parental Accountability to parents of United States Citizens and Lawful Permanent Residents who have been present since January 1, 2010; (2) An extension of Deferred Action for Childhood Arrivals (DACA) to applicants regardless of age who arrived before January 1, 2010; and (3) Extending provisional waivers to immediate relatives of lawful permanent residents and children of United States citizens. In the interest of economic growth and job creation, US Citizenship and Immigration Services will work with the Department of State to “modernize, improve and clarify immigrant and nonimmigrant programs” including the employment based immigrant visa preference category system, adjustment portability, national interest waivers to foreign inventors, researchers, and entrepreneurs, expanding optional practical training, offering employment authorization to H-4 dependents of H-1B temporary workers, and clarifying guidance on defining the L-1B “specialized knowledge” nonimmigrant status.

Only those applicants who “meet strict requirements” will benefit. As usual, all applicants will be subject to criminal and national security background checks and must not be considered a “priority” for removal purposes, i.e., no substantial criminal record or immigration violations and not a threat to public safety or national security. Each case will be reviewed carefully, and any evidence of fraud, misrepresentation, or failure to disclose a material fact will subject applications to criminal prosecution and possibly removal proceedings. Applicants will be eligible for employment authorization and required to pay taxes as well as applicable government filing fees for processing.

Applications will not be accepted until early 2015. The agencies involved in the process will need time to implement the President’s call to action including creation of necessary forms, determination of fees, and reallocation of resources to accept and process millions of applications. Potential applicants may begin collecting documentation to show presence for at least the last 5 years and should consult with an immigration attorney concerning eligibility and risks.

While the executive order brings relief to millions, the action does not extend to recently arrived immigrants. For example, it does not extend benefits to the influx of immigrants from Central America in the past six months.  The President’s action will finance additional resources to Customs and Border Patrol to increase security at the borders and deterrence of illegal immigration.

For many immigrants, this is the chance that they have been waiting for.  Eligible immigrants should be careful in seeking assistance with their application process. Many people who are not licensed or authorized to practice immigration law will take advantage of applicants desperate for relief and security from deportation. Applicants must make sure that they have a qualified expert evaluating their case and file any application correctly. 

Call us at 303-297-9171 to make an appointment with one of our experienced immigration attorneys to discuss how the President's executive action might change your immigration status.

We will also be providing a free information session to explain the details of the program. If you are interested in attending the information session, email us at mail@immigrationissues.com to be added to the invitation list.

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DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone

Contributed by Melanie Corrin, Partner

Realizing the need for people from certain African countries to refrain from traveling due to the outbreak of Ebola virus disease in West Africa, the Secretary of Homeland Security, Jeh Johnson, has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months.  As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).

If you are from one of these countries and believe you may be eligible, please call Joseph Law Firm, P.C. to make an appointment to discuss your case options. 

http://www.uscis.gov/news/dhs-announces-temporary-protected-status-designations-liberia-guinea-and-sierra-leone

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PRESIDENT OBAMA TO ANNOUNCE EXECUTIVE ACTION ON IMMIGRATION TOMORROW

Wednesday, November 19, 2014

President Obama will announce this Thursday at 6:00pm mountain time, that he will use his executive power to expand temporary protections to undocumented immigrants. He will then travel to Las Vegas, Nevada, where he will provide additional details from Del Sol High School where he unveiled his plan for comprehensive immigration reform last year.

The plan is believed to contain measures that will expand temporary protections to millions of undocumented immigrants in the United States, broaden visa programs for highly-skilled technology workers, as well as the possible bolstering of security along the U.S.-Mexico border.

The attorneys at Joseph Law Firm, P.C. will be analyzing the new plan and how it might help you, your friends, and family.

Call us as soon as possible at 303-297-9171 to make an appointment with one of our experienced immigration attorneys to discuss how President Obama's plan might change your immigration status.

Soon after the plan is released, we will also provide a free information session to explain the details of the program. If you are interested in attending the information session, email us at mail@immigrationissues.com to be added to the invitation list.

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ICE to Close Detention Center in Artesia, New Mexico; Normal Operations at Denver Immigration Court Likely to Resume in January

Contributed by Kim Tremblay, Associate Attorney

Immigration and Customs Enforcement (ICE) announced today that it would close its detention center in Artesia, New Mexico.  Since June, ICE has been detaining migrant adults found with their children near the border at this facility.  The migrants are detained while the immigration court processes their cases.  ICE will move the detainees to another facility in Dilley, Texas sometime in December.  

Two immigration court judges in Denver had been conducting hearings for the Artesia detainees via video conference since September.  Their regular dockets were cancelled and cases were taken off the calendar indefinitely on a rolling basis, about three weeks in advance.  Now that the detention center in Artesia is closing, the Denver immigration court is likely to resume its regular operations in January and to reschedule cases with cancelled hearing dates.  This remains to be confirmed.         

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President Obama Expected to Take Executive Action on Immigration in the Coming Days

Contributed by Koby Polaski, Senior Attorney

President Obama plans to announce as soon as this week a broad overhaul of the United States immigration system that will reach up to five million undocumented immigrants. Major news sources report that President Obama will use the full force of his executive power to implement a plan with a broad scope, reaching everyone from undocumented immigrants facing deportation to legal immigrants in technology fields. 

One of the most far-reaching components of the plan would allow parents of children who are American citizens or lawful permanent residents to obtain work authorization and protection from deportation. The remaining parts would provide clear guidance on enforcement priorities - directing Immigration and Customs Enforcement to focus enforcement resources on those with no family ties to the United States and serious criminal histories; expand opportunities for immigrants in technology fields; and provide protections for farm workers who have been employed for a to-be-determined amount of time in the agricultural industry. In what is likely an effort to appease Republican protestors, the proposed reform also includes increased security at the southern border.

President Obama clearly feels that Congress will remain gridlocked on passing any kind of immigration reform, so he is doing what he can within his power to change the nation’s immigration laws. This move is reminiscent of the President’s 2012 executive order offering deferred action to the “Dreamers,” who came to the United States as young children.

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