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President Obama addresses immigration reform post-shutdown

10/24/2013

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by Lauren Vogt

President Obama held a press conference several minutes ago regarding his push for immigration reform before the end of 2013.  The President reiterated points he has been making for months: 

  • Immigration reform will benefit our economy, our national security, and our people
  • Foreign nationals who attend our universities should be given the chance to start businesses in the U.S. rather than taking their skills back to their home countries
  • A pathway to earned citizenship should be available for undocumented individuals who pass a background check, pay a fine, pay back taxes, and learn English


The President urged the House of Representatives to take on immigration reform by the end of the year. The Senate passed a comprehensive bill in June, while House Democrats introduced their own bill earlier this month that includes an updated border control section that already passed the House Homeland Security Committee. The House has not yet taken up either of these bills.

President Obama encouraged immigration reform supporters to keep fighting, regardless of the obstacles they face. He thanked members of the audience for their persistence, activism, passion, and heart.  The President mentioned that leaders have worked for years to pass immigration reform, and that this is the moment that we should finally be able to get it done.

We will continue to monitor any updates in legislation.
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DACA One Year Later: Successes and Continued Obstacles

8/19/2013

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By Laura Jacobson

Last Friday, August 15, marked the one-year anniversary of implementation of the Deferred Action for Childhood Arrivals (DACA) program. For one year now, undocumented immigrants who came to the United States as children and meet other specific requirements have been able to obtain work permits and other related benefits for the first time. Though many have benefitted from the program, the last twelve months have also revealed obstacles to accessing the advantages DACA provides and the limitations of the program in general.

An estimated 900,000 individuals were immediately eligible for DACA when it was implemented last year. Since then, USCIS has approved 430,236 DACA requests, while over 60,000 remain pending as of July 31, according to the latest USCIS report.

These 400,000 plus DACA recipients have not only benefitted from the employment authorization and protection from deportation that DACA provides, but also from important related opportunities. In almost every state, DACA recipients are eligible to apply for driver’s licenses under state documentation requirements, with only Arizona and Nebraska explicitly prohibiting DACA recipients from obtaining driver’s licenses.

The work authorization and accompanying eligibility for a Social Security number have also paved the way for new economic opportunities for DACA grantees. A study released by the American Immigration Council reports that, because of DACA, many undocumented young adults have been able to get their first job, open their first bank account, and acquire their first credit card.

In some states, DACA has also made available new opportunities in higher education for undocumented immigrants. Though no federal law prohibits undocumented individuals from attending U.S. colleges and universities, undocumented students do not qualify for federal financial aid and in most states cannot access in-state tuition, despite meeting residence requirements. For this reason, higher education has long been an unattainable goal for these young people, particularly given the limited future career opportunities for someone without employment authorization. With the benefits provided by DACA, higher education is more accessible, as some states, including Ohio most recently, have started offering in-state tuition to DACA students.

DACA may also ease certain other immigration restrictions for those who qualify. Individuals with DACA are eligible to request “advance parole,” or permission to travel outside of the United States for limited purposes and re-enter, an option generally not available to undocumented immigrants. Additionally, though DACA is not considered a legal “status,” an individual with DACA is not considered to be accruing unlawful presence, which can avoid serious immigration consequences if eligible for other immigration relief in the future.

However, despite the advantages available through DACA, many undocumented immigrants eligible for the program have not applied and applications have tapered off significantly since the high point in October 2012. For many individuals, fear of exposing themselves or undocumented family members deters them from seeking DACA’s benefits. Contributing to this fear is the insecurity of this program: a policy adopted by the Obama administration, DACA is not a law and can be ended at any time.

The education requirement also creates a barrier for many would-be applicants. To qualify for DACA, an individual must have graduated from high school, obtained a GED, or be currently enrolled in high school, a GED course, or a similar educational program. The estimated 900,000 immediately eligible for DACA at its implementation last year does not include another estimated 400,000 who would be eligible if they met the education requirement. In the months since DACA was first announced, USCIS has provided an expanded list of ways to meet the education requirement, including enrollment in certain literacy and career training programs. For those who meet every other requirement, DACA is still available upon enrollment in a qualifying educational program, but for many the barrier to access is too great.

Still others who may be eligible for DACA have put off applying in hopes of a future immigration reform that would provide more benefits and more stability than that offered by DACA. However, there is no guarantee of comprehensive immigration reform in the near future, and even if passed, it may be a long time before undocumented immigrants are able to fully take advantage of any new law.

In the last year, DACA has provided many new opportunities for undocumented youth in employment and education. Many DACA recipients have been able to obtain a driver’s license for the first time. At the same time, DACA has acutely revealed the shortcomings of such a temporary fix. In many states, DACA recipients still face the educational barriers presented by ineligibility for in-state college tuition, and DACA recipients everywhere continue to be ineligible for federal financial aid. When these individuals’ DACA protections are up for renewal in two years, there is no guarantee the program will even still exist. The benefits provided by DACA have allowed for many “firsts” for its recipients and continue to benefit new grantees every month, but any solution short of comprehensive immigration reform will continue to leave undocumented youth in a precarious immigration limbo. 

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Big Week for Immigration: Same-sex couples eligible for green cards;  Senate passes immigration reform legislation

7/4/2013

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By Lauren Vogt

The running joke among immigration attorneys is that sweeping changes to immigration law only occur during the annual American Immigration Lawyers Association (AILA) conference.  Last year the Obama administration announced the Deferred Action for Childhood Arrivals (DACA) process while the year before, Immigration and Customs Enforcement (ICE) released a memo allowing its officers to use discretion when prosecuting non-citizens. 

This year was no exception. I was attending the annual AILA conference in San Francisco last week when two historical events occurred: On Wednesday, the Supreme Court struck down a portion of the Defense of Marriage Act (DOMA), opening the door for same-sex married couples to obtain immigration benefits under the law. Then, on Thursday, the Senate voted overwhelmingly (68-32) to pass an immigration reform bill that would give legal status to certain individuals and strengthen our immigration laws as a whole.

The Death of DOMA
DOMA, which defined marriage as a "legal union between one man and one woman," was signed into law by President Bill Clinton in 1996.  This federal law made same-sex married couples ineligible for the federal benefits provided to other married couples, even if the state they were living in recognized gay marriage. This meant that until last Wednesday, many same-sex married couples were denied, among others, Social Security, tax, healthcare, and immigration benefits.

The Supreme Court ruled 5-4 in U.S. v. Windsor that defining marriage in this manner is unconstitutional.  Justice Anthony Kennedy, writing for the majority, described the law as a violation of basic due process and equal protection principles.  

So what is the result of this decision?  If a same-sex couple is legally married, that couple can now receive federal benefits that opposite-sex married couples receive, including the ability to petition for their spouse to receive a green card.  

During the AILA conference, speakers from the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) informed the crowd of attorneys that their agencies would be working quickly to adapt their processes to the change in the law.  USCIS Director Alejandro Mayorkas announced that his agency had been tracking denied same-sex petitions for the past two years for individuals whose marriage did not meet the federal definition of marriage. Cheers and thunders of applause were heard as conference attendees reacted to the news.

Last Friday, the dream started to become a reality when a gay man living in Florida received notice that his green card would be approved based on his marriage to a male U.S. citizen.  Though USCIS and DOS processes haven't been officially announced, it appears that applications that were previously denied will be automatically reopened for processing. Same-sex couples who have waited to file their green card applications can begin the process today in the same manner as other married couples.

Senate Votes Yes on Immigration Reform
In a historic vote last Thursday, 68 Senators voted Yes on a bill that would create a path to legalization for millions of undocumented residents in the U.S.  To signify the importance of this vote, Vice President Joe Biden presided as head of the Senate while Senators voted one by one from their desks by calling out "aye" or "no."

The passage of this immigration reform bill is big news for immigration advocates, as we are now one step closer to achieving much-needed reform in our complex system of immigration laws.  However, the road ahead is still long and arduous.  Before the bill becomes a law, it must be voted on and agreed upon by the House of Representatives. Speaker of the House John Boehner has indicated that he will not move a vote forward in the House until a majority of House Republicans are in agreement with the contents. This may lead to a much more conservative bill being developed in the House.

It is difficult to say whether immigration reform will be passed by both chambers of Congress this year. However, with Mitt Romney only gaining 27 percent of the Hispanic vote in the November 2012 presidential election, many Republicans have changed their viewpoint from preceding years and are ready to pass some form of immigration reform.  President Obama is urging the House to take action before the August recess.
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    Our attorneys have monitored immigration issues since 2009.  Stay up to date with us as we discuss the latest trends and current events in immigration law.

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