Undocumented Immigrants and Workers in the U.S.

23 08, 2017

Under Trump, Deportations Up 28%; Immigration Judges Warned On Granting Continuances

By |2020-05-01T17:48:01-05:00August 23rd, 2017|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published August 22, 2017   According to a recent U.S. Department of Justice report, since the time Donald Trump took office this year, the number of immigrants ordered removed from the U.S. increased 28% compared to numbers from a similar period last year.  From February 1 to July 31, 2017, 49,983 unauthorized immigrants were ordered removed, compared to last year’s number of 39,113. Taking into account the additional 7,086 undocumented immigrants who agreed to voluntarily depart the U.S., the total number of  removal and voluntary departure orders entered this year comes to 57,069. The total number of removal and voluntary departure […]

25 07, 2017

The Top 5 Defenses to Removal Proceedings

By |2020-05-01T17:57:03-05:00July 25th, 2017|Categories: Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 25, 2017   Foreign nationals in the U.S. may find themselves defending against removal proceedings because they overstayed or  somehow violated the terms of their temporary visa status.  Or they may never have had immigration status in the first place.  Or, it might be that they have permanent resident status, but committed a criminal act that prompted their “removability”.    Whatever is the case, if a foreign national finds themselves having to defend against removal proceedings, it is imperative that they know which options may be available to allow them to remain in the U.S.    Below are the most common […]

9 07, 2017

Certain EAD Holders with Pending Extension Requests Can Continue to Work

By |2020-05-01T18:00:49-05:00July 9th, 2017|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published July 9, 2017   Foreign nationals in the U.S. can qualify to obtain an Employment Authorization Document (EAD) under a variety of circumstances.   There are more than a couple dozen categories of eligibility, although the vast majority of our nation’s undocumented population do not qualify under any of them.    The most common bases of eligibility for an EAD include foreign nationals with pending applications to adjust their status to permanent residence (pending “I-485” green card application), pending asylum applications, and pending applications for cancellation of removal (for certain undocumented foreign nationals fighting removal proceedings).  Most of the time the Employment […]

20 06, 2017

DHS Confirms DACA Still In Effect; Premium Processing for H-1B Petitions May Soon Return

By |2020-05-01T18:02:24-05:00June 20th, 2017|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 20, 2017   Department of Homeland Security Confirms DACA Still in Effect In a recent memorandum to U.S. Department of Homeland Security (DHS) sub-agency heads, DHS Secretary, John Kelly confirmed that the Deferred Action for Childhood Arrivals (DACA) program is still in effect – at least for now – and that applications for initial and extended benefits will continue to be accepted and processed.    This is a significant departure from the campaign promise made by now President Trump who assured his supporters he would be eliminating the program. In general, to be eligible for DACA protection and issuance of […]

23 05, 2017

The Controversy Surrounding Sanctuary Cities

By |2020-05-01T18:08:05-05:00May 23rd, 2017|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published May 23, 2017   Since the election of President Trump, the term “sanctuary city” has had a conspicuous presence in our national conversation on immigration.  President Trump’s executive orders and rhetoric about building a wall and amping up immigration enforcement are the main reasons the topic has become all the more interesting, especially for our nation’s undocumented population.    Firstly, what is a sanctuary city?   It is a local government entity that decided as a matter of policy it will play no role whatsoever when it comes to the enforcement of our federal immigration laws.   That means a sanctuary city’s local […]

12 04, 2017

U.S. Department of Justice Announces New Immigration-Related Prosecution Priorities

By |2020-05-01T18:14:33-05:00April 12th, 2017|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published April 12, 2017   In general, individuals who enter the U.S. without proper documentation, or who have overstayed their visas are guilty of only civil, as opposed to criminal, law violations.  That means, the worst penalty such a civil law offender generally faces is being subject to removal proceedings, and not criminal prosecution or penalties such as probation or a jail sentence.   However, in the criminal law universe there exist a range of immigration law related offenses which can subject offenders to criminal prosecution.  The Trump administration, through U.S. Attorney General Jeff Sessions recently outlined his vision for increasing law enforcement […]

7 03, 2017

The Many Dimensions of Trump’s Immigration Orbit

By |2017-03-07T08:00:46-06:00March 7th, 2017|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published March 7, 2017   Since arriving on the national political scene, Donald Trump has mastered the art of the catch phrase and buzzword.   Truthful or not, the labels he attaches to attack political opponents or to frame societal issues, seem to stick.  Whether it’s his words or his manner of delivery, Trump’s labeling skills have taken him all the way to the White House.   In the realm of immigration, Trump’s words cover a spectrum of positions, ranging from the tough:  “Let’s build a wall…..a big, beautiful wall”,  “they (Mexico) are sending us their rapists and drug dealers” and “we’ve got […]

22 02, 2017

The New Immigration Executive Order – Do Not Panic, Part II

By |2017-02-22T10:32:36-06:00February 22nd, 2017|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published February 22, 2017   The grandiosity with which the Trump Administration has released Executive Orders in the past month is undeniable.  If their effectiveness is to be judged by the amount of media coverage and public hysteria that has been generated, then these orders get an A+.   President Trump is leaving a distinct impression that when it comes to immigration law enforcement, he is taking action and fulfilling the promises he made to this constituency while campaigning.    The message of this week’s Executive Order is that anyone who is residing in the U.S. in violation of immigration laws is subject […]

15 01, 2017

U.S. Senators Introduce Legislation to Protect DACA Applicants

By |2017-01-15T10:41:58-06:00January 15th, 2017|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published January 15, 2017   4 ½ years ago President Obama implemented an executive order to allow undocumented young adults who were brought to the U.S. as children to obtain an employment authorization document or EAD.  Under the Deferred Action for Childhood Arrivals program, an approved applicant with EAD in hand is provided a legal avenue to establish their life here, starting with obtaining a legal social security number, and then driver’s license, state i.d. etc.  From there, opportunities to gain entry into college or universities open up, and of course, so do opportunities for lawful employment, and to contribute to our […]

12 12, 2016

Post Election Immigration Update

By |2016-12-12T08:20:24-06:00December 12th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published December 12, 2016   So far, there is no news of any substance as far as major changes in policy or law in the immigration arena.    Further, there is no news about the continued viability of President Obama’s Deferred Action for Childhood Arrivals, a program that has allowed for the issuance of employment authorization to roughly 800,000 undocumented young adults who were brought to the U.S. as children.  The good news is that the President Elect has changed his pre-election tune and advised that he will not necessarily eliminate it.  Of course, all important immigration law developments will continue to […]

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