DACA

New USCIS Memo Signals Drastic Change for Immigration Applicants

The United States Citizenship and Immigration Services (USCIS) has issued two recent memos that allow immigration officials more discretion to outright deny applications they deem frivolous or incomplete, and place more people in removal proceedings. The first memo, discussed here, authorizes USCIS to place individuals in removal proceedings for merely overstaying their visas if their application for immigration benefits is denied. The second memo, released last Friday, grants USCIS...

USCIS Issues New Memo Expanding Power to Initiate Removal Proceedings

The United States Citizenship and Immigration Services (USCIS) released a new policy on June 28, 2018, expanding the reasons that they will issue an I-862 “Notice to Appear” (NTA) to individuals to initiate removal proceedings against them. The new memo is available here and lists every instance in which individuals will be placed into removal proceedings. It supersedes an Obama-era memo governing the issuance of an NTA by the same...

Federal Judge Restores DACA Program Pending A 90-Day Stay

A federal judge in Washington D.C. has ruled that the decision to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful and must be set aside. However, the judge stayed his order for 90 days, and gave the Department of Homeland Security the opportunity to better explain its reasoning for canceling the program, or accept new applicants. This is great news for those individuals who are eligible...

ALERT! – If You Are Undocumented and Uninsured, Do Not Pay the Tax Penalty

We have heard from several clients of Lal Legal that many undocumented immigrants, including DACA recipients, are erroneously paying the penalty for not having health insurance while filing their taxes for the past tax year. Please note that you are not required to pay the tax penalty for being uninsured if your immigration status makes you ineligible to purchase health insurance through the Affordable Healthcare Act (ACA) marketplaces. Ineligible immigration status...

DOJ Files Emergency Stay of the Decision In Texas v. U.S.

Today, the Department of Justice asked the federal district court in Texas for an emergency stay of the preliminary injunction that stops the Department of Homeland Security from implementing the deferred action policies announced by the President in November. The DOJ is seeking an emergency stay because it contends that the district court decision will cause irreparable harm to the Department of Homeland Security (DHS) and prevent it from maximizing its limited...

Key Summary: “Immigration Accountability Executive Action”

After months of grassroots actions and demands that the President take executive action on immigration due to his dismal deportation record, President Barack Obama asked Secretary Jeh Johnson and Attorney General Eric Holder to undertake a rigorous and inclusive review to inform recommendations on reforming our broken immigration system through executive action. On November 20, 2014, the President officially announced some reforms that he would be making to the...

Time Is Now For Executive Action On Immigration

Today, in Washington D.C., 11 undocumented immigrants formally requested that President Obama expand his expected administrative action on immigration to include the nation’s 11 million undocumented immigrants. The request was accompanied by another legal memo outlining that the President has the authority to grant relief from deportation to a broad number of people.  The President should authorize the Department of Homeland Security to swiftly grant the deferred action requests filed today, and expand...

USCIS Releases Handy DACA Toolkit

The United States Citizenship and Immigration Services (USCIS) has belatedly created a Deferred Action for Childhood Arrivals (DACA) toolkit for applicants. The comprehensive 34-page document should answer many of the questions that you have about the DACA program, and the renewal process. It is available here. USCIS is still accepting initial requests for DACA. An individual may be considered for initial DACA if he or she: Was under the age...