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Showing posts with label U.S. department of homeland security. Show all posts
Showing posts with label U.S. department of homeland security. Show all posts

Friday, June 16, 2017

Keeping DACA Discarding DAPA


Navigating Uncertain Times:  Friday Roundup


Friday June 16, 2017

 

Keeping DACA Discarding DAPA

U.S. Department of Homeland Security Secretary John Kelly issued a new Memorandum yesterday that rescinded a prior U.S. Dept. of Homeland Security Memo that provided protection for the parents of U.S. citizens who would otherwise be subject to removal from the U.S.  That same Memo also expanded the Deferred Action for Childhood Arrivals program, (‘DACA’).  A Federal District Court in Texas enjoined implementation of this Memo, so essentially, the provisions that the U.S. Dept. of Homeland Security has now rescinded were never implemented to begin with.

Understanding what this specifically means can create confusion.  So let’s break it down chronologically:

First, on June 15, 2012, the U.S. Dept. of Homeland Security issued a Memorandum that provided protection from removal and work authorization for children who arrived in the U.S. under the age of 16 before June 15, 2007 and were in the United States without authorization on June 15, 2012.  This initiative, known as ‘DACA’, also permitted such persons to apply for work authorization that would be valid for 2 years.

Then, on November 20, 2014, the U.S. Dept. of Homeland Security issued a second Memorandum that provided protection from removal and work authorization for the parents of certain U.S. Citizens or Lawful Permanent Residents.  (To be clear, these are not necessarily the parents of DACA recipients; these are the parents of children who are in the U.S. either as U.S. Citizens or ‘green card’ holders.)  These parents were eligible for protection from removal and work authorization if they had been residing in the U.S. since January 1, 2010 and were in the United States without authorization on November 20, 2014.  This provision, known as ‘DAPA’, also permitted such persons to apply for work authorization.  In addition, this November 20, 2014 also extended the authorized period of deferred action and work authorization of DACA recipients from 2-year increments to 3-year increments.

This Memo was blocked from ever being implemented by a lawsuit filed by 26 states in December of 2014.  The case blocking this Memo, Texas v. United States, is the case you might remember having gone to the U.S. Supreme Court last year.  Because there were only 8 U.S. Supreme Court Justices at the time, the U.S. Supreme Court decision was a tie – 4:4 – so the lower court ruling enjoining the Obama administration from implementing the Memo remained in effect.

Furthermore, because this Memo that was the subject of the lawsuit has now been rescinded, the case is now moot.

But significantly, the original Memorandum – the June 15, 2012 Memo establishing DACA benefits – was not rescinded and remains in effect.  In other words, the DACA program is still alive and kicking…for now.

 

 

 

Have a nice weekend,

HS&D Immigration

Monday, February 1, 2016

The 'STEM' bud is now showing...

Update on the STEM Extension

As discussed in our most recent post, there was concern that the deadline for the vacatur of the 17-month STEM OPT extension program would arrive without a new federal regulation to take its place.  [See our Blog of January 8, 2016]  The court's initial deadline was February 12, 2016.

Students concerned that they would have to relinquish their employment on that date can breathe a little easier.  The U.S. District Court for the District of Colombia recognized that the enormous volume of comments to the new proposed rule received by the U.S. Department of Homeland Security would require additional time for the Homeland Security to review the new proposed regulation.  Consequently, the Court set May 10, 2016 as the new deadline for vacating the previous regulation granting STEM students 17 months in OPT status.

Let's hope that a new regulation - basically providing the same benefits - is grafted into place by May 10, 2016.