For those of you who have been following the news on immigration, but are still wondering what will be the effect of the administration’s executive actions on you individual legal status, here is a summary of some of the elements that are expected to be included:
1. Enforcement Priorities. A new memo is expected to name three enforcement priorities:
a. Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and people apprehended on the border;
b. People convicted of serious or multiple misdemeanors, and very recent entrants (i.e., those who entered after 1/1/14);
c. Those who, after 1/1/14, failed to leave under a removal order or returned after removal.
2. Border Security. The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.
3. State and Local. Secure Communities will be discontinued and replaced by a Priority Enforcement Program (PEP). Detainers will be discontinued for all except national security cases. Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.
4. Two deferred action initiatives are estimated to benefit 4.4 million:
a. Deferred Action for Parents (DAP). Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period. Note that parents of DACA recipients are not eligible.
b. Expansion of DACA. DACA will be revised to get rid of the age cap, and to change the date that continuous presence must have started to 1/1/10. It also will be granted for 3 years (including those with pending renewal applications).
5. Pending Proceedings. There will be a review of cases currently under proceedings to evaluate who is prima facie eligible for the relief stated in this program, and those cases will be closed.
6. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time). This will be done by regulation. Also, entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers. This will be implemented through policy guidance.
7. Pre-registration for Adjustment of Status. Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs will be able to pre-register for adjustment of status to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people. This will be done by regulation.
8. OPT. The length of time in OPT for STEM graduates will be expanded and the relationship between the student and the school will be strengthened for this period.
9. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.
10. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.
11. Integration. A second Presidential Memorandum will set up a Task Force on New Americans.
Details regarding the upcoming changes are still being worked on at this time. Some changes will require regulations, but others will be done by memo. We will keep you informed as we learn more about the administration’s plans on immigration.
For further information regarding this topic or to schedule a consultation, please contact our office at 954-843-3494
What Changes are Expected Under the President’s Immigration Accountability Executive Actions #immigrationaction
About the Authors
Laura Schonberg and Andrea Timerman developed their passion for immigration law through their own experience immigrating to the United States. Laura received a Bachelor of Arts in Political Science and Juris Doctor Degree from Florida International University. Andrea received a Bachelors in Business Administration from Pace University, NY, and her Juris Doctor Degree from Florida International University. Both attorneys obtained ample experience in the immigration field before partnering to work as immigration attorneys at Schonberg & Timerman, P.L.