Archives: DAPA / DACA

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DACA Litigation and Legislation Update

DACA was set to terminate on March 5, 2018, based on President Donald Trump’s September 2017 announcement. To avoid the termination, the President challenged Congress to negotiate a legislative solution for the Dreamers. Negotiations ensued, but so did litigation and the issuance of an injunction. A federal court ordered DHS to continue to accept DACA … Continue Reading

Travel Ban Case at the U.S. Supreme Court, But DACA Will Wait

The Supreme Court is now in the middle of two high-profile immigration cases: Travel Ban 3.0 and the DACA rescission. The Court let President Donald Trump’s travel ban go in effect while litigation challenging the ban is pending, but the Court did nothing to overturn lower court rulings that have effectively stopped the President’s rescission … Continue Reading

Second Federal Court Injunction Issued to Keep DACA in Place, Fate Remains Uncertain

Following January’s ruling by Judge William Alsup in San Francisco, a second federal court has issued a nationwide injunction ordering the government to keep DACA in place.  Judge Nicolas G. Garaufis of the US District Court in Brooklyn, New York ruled that the rescission of DACA was “arbitrary and capricious” and that the equities and … Continue Reading

Streamlined, Bipartisan Immigration Bill Offered to Resolve DACA Dilemma

With the February 8th deadline for debate on DACA imminent and the March 5th DACA termination deadline approaching, legislators have been introducing bills to resolve the long-standing “Dreamer” issue. Senators John McCain (R-Ariz.) and Christopher Coons (D-Del.) have introduced a simplified measure combining DACA and border security. It would grant permanent legal status to more … Continue Reading

Trump Administration Releases Framework for Immigration Deal

The Trump Administration has released a new framework containing components of proposed immigration reform. Not surprisingly, border security is at the top of the list and includes the following components: New $25 billion trust fund for the (southern) border wall system Funds for hiring more enforcement personnel Immigration court reforms Ending the “catch-and-release” policy and establishing an … Continue Reading

USCIS Issues Guidance on DACA Program While Supreme Court Looks at Legality of Program Rescission

Post-shutdown, while Congress debates immigration and the future of the “Dreamers,” the litigation over the legality of President Donald Trump’s rescission of DACA is speeding up. The U.S. Supreme Court accepted the request for an expedited review of the Administration’s petition for certiorari and has set February 2, 2018, as the date when briefs must … Continue Reading

Government Shutdown Is Over, For Now

Congress reached agreement and voted to end the government shutdown at least until February 8, 2018. In case another impasse occurs, this is how a federal government shutdown would affect immigration. Department of Labor (DOL) The Office of Foreign Labor Certification (OFLC) will stop processing all applications, and its personnel will not be available to … Continue Reading

DACA Must Remain in Place Pending Litigation, Federal Judge Rules

While Congress continues to try to find an acceptable solution for “Dreamers,” a federal judge in San Francisco has ruled that DACA must remain in place while litigation over President Donald Trump’s decision to wind down the program is pending. Judge William Alsup issued a nationwide injunction directing the Trump Administration to re-start the program. … Continue Reading

Trump Administration Issues “Principles” in Exchange for Relief for DACA Recipients

Deferred action for DACA recipients will start to expire in March 2018 and there is still no certainty about what will happen to them.  Amidst legal challenges to the rescission of DACA, the introduction of a number of statutory fixes, and a supposed “deal” between President Trump and Democratic leaders to protect the “Dreamers,” there … Continue Reading

Bills in Congress Would Give Undocumented Children Path to Citizenship

Introduced by Senators Thom Tillis (R-N.C.) and James Lankford (R-Okla.), the “Solution for Undocumented Children through Careers Employment Education and Defending Our Nation” (SUCCEED) Act would provide undocumented children with the opportunity to earn and keep legal status. SUCCEED provides a 15-year path to citizenship. To be eligible under SUCCEED, an individual must: Have arrived … Continue Reading

Lawsuits Over Rescission of DACA

On September 6, 2017, the day after Attorney General Jeff Sessions announced the rescission of DACA, 15 states and the District of Columbia filed a lawsuit challenging President Donald Trump’s DACA rescission. The states included in the lawsuit are Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, New Mexico, New York, North Carolina, Oregon, … Continue Reading

Insights: The Recent Rescission of DACA Is Not an I-9 Re-Verification Event

The California Labor and Workforce Development Agency announced the rescission of DACA did not require employers to re-verify work authorization documents for DACA employees, stating: “[a]ny action or attempt by employers to re-investigate or re-verify work authorization documents in order to retaliate against any immigrant worker is unlawful in California.” The same holds true across … Continue Reading

Trump to End DACA Program?

Indications are that President Donald Trump likely will end the DACA (Deferred Action for Childhood Arrivals) program while signaling the Administration’s willingness to work with Congress on an alternative program. Vice President Mike Pence, speaking in Texas, noted, “President Trump has said all along that he’s giving very careful consideration to that issue and that … Continue Reading

Federal Immigration Resources Assisting in Hurricane Response in Texas

U.S. Customs and Border Protection (CBP) is deploying staff and equipment for search and rescue efforts and to work at local, state, and federal emergency operations centers in Texas in response to Hurricane Harvey. Hurricane Harvey hit Texas just as the state’s plan to outlaw sanctuary cities is about to go into effect.  Texas also … Continue Reading

Future of Deferred Action Program Uncertain as Attorneys General Group Warns of Possible Court Case

The Texas Attorney General, along with counterparts in nine other states (the group that successfully challenged the Deferred Action for Parents of Americans and Lawful Permanent Residents program, DAPA), has sent a letter to Attorney General Jeff Sessions asking the Administration to rescind the Deferred Action for Childhood Arrivals program (DACA). Created by President Barack … Continue Reading

Trump Administration Rescinds DAPA Program

DHS Secretary Kelly has rescinded DAPA (Deferred Action for Parents of Americans and Lawful Permanents).  DAPA was meant to 1) provide undocumented parents of U.S. citizens or Green Card holders with a way to remain in the U.S. with work authorization and 2) expand DACA (Deferred Action for Childhood Arrivals) by encompassing a wider range of … Continue Reading
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