Author: Jim Hacking

Salvadoran MIT Janitor Taken Into Custody Days Before His Son was Born

Francisco Rodriguez-Guardado, a Salvadoran janitor at MIT, was taken into custody by federal immigration officials for deportation a few days before his first son was born.  “They tell me he has my eyes,” Rodriguez-Guardado says.

Supporters of Rodriguez Guardado include U.S. Senators Elizabeth Warren and Ed Markey of Massachusetts, faculty at MIT, and his labor union. The ACLU has filed briefs in support of Rodriguez-Guardado. He does not have a criminal record, volunteers at his church, and runs his own carpet cleaning business.

Arrests of non-criminal undocumented immigrants has increased 145 percent from the first half of last year.

Rodriguez-Guardado entered the U.S. undocumented in 2006, fleeing El Salvador after a work colleague had been murdered by a gang member.  Rodriguez-Guardado was a technician at an engineering firm and owned a car wash in San Salvador.

In 2009, Rodriguez-Guardado was denied asylum in 2009 and had an appeal rejected in 2011.  He was ordered in June by ICE officials to make travel arrangements back to El Salvador.

On July 13, he was arrested because, according to ICE spokesman Shawn Neudauer, the plane ticket he booked was not “timely.  Rodriguez-Guardado had booked the plane ticket for after his son’s expected birth date.

Rodriguez-Guardado has credited his Christian faith with preparing him to accept what comes next.  He is in an inmate prayer group and frequently reads his Bible.  “We follow what God wants for us,” he says.  “If they want us to move from here, it’s because there is something better for us someplace else.”

If Rodriguez-Guardado is not allowed to stay in the United States, he is considering trying to move to Canada or Costa Rica rather than going back to El Salvador.  He says, “Believe me…if El Salvador was a safe and peaceful country, I would have never thought of coming here.”

For more information, click here.

USCIS to Renew Premium Processing for FY 2018 H1B Visas

 

U.S. Citizenship and Immigration Services (USCIS) announced on Monday that it would resume premium processing for all H1B visa petitions covered by the Fiscal Year year (FY) 2018 cap. Congress limits the number of H1B visas each year to 65,000 for all U.S. employers, except for institutions of higher learning and affiliated research facilities.  USCIS will also now accept requests for premium processing for the 20,000 additional H1B visas available to individuals who have a masters’ or higher degree from an American college or university.

Premium processing currently costs $1,225.  Employers who use premium processing are promised to have a decision for the I-129 Petition for an Alien Worker within 15 working days.  If the 15- calendar day processing time is not met, the agency promises to refund the petitioner’s premium processing service fee and continue with the “faster” processing of the application.

Earlier this year, USCIS suspended the use of the premium processing program immediately before most employers filed their H1Bs before the April 1, 2018 deadline.  This has led to long delays in the processing of this year’s cap-subject H1Bs.

H1B visas are limited to individuals who work in specialty occupations.  These visas are not available for every job in America, but only a limited category of specialty jobs such as accountant, software developer, physician, etc.

Because the federal fiscal year starts on October 1 each year, the start date of the approved H1B visas is typically October 1 and they last approximately three years.  Federal law allows employers to file six months early, i.e., April 1.

Since Congress has limited the number of available H1B visas every year to 65,000, plus the additional 20,000 for individuals with higher degrees, USCIS typically conducts a lottery each year.  Some applications are accepted, many are not.

Those applications which were not selected have already been returned.  USCIS continues to adjudicate many of the visa applications submitted back on April 1st.  Employers who have H1B applications that remain undecided will have to figure out if it makes sense for them to pay for premium processing at this late date.

One final note: H1B premium processing remains unavailable for extensions of the H1B visa, as well as “transfers” for H1B employees from one job to another.

When should I consider withdrawing my immigration case at USCIS?

Every now and then, people come to see us at the office, and they have a case that is completely messed up. These are usually cases that they have filed pro se, which means they filed them without an attorney, and their case has gotten a bit more complicated, and we have to start considering the option of withdrawing a case.

Now, you never really want to withdraw a case because obviously you’ve paid your filing fees, and when you withdraw the case, you do lose your filing fees. You also might have a lot of time invested in the processing of your case, and you might’ve done a lot of work to get it as far as you did, but in certain circumstances, it is a really good idea to go ahead and withdraw the case.

What are some examples of this? Well, one time somebody came to see us, and after he had filed his citizenship application, he had gotten arrested, and his criminal charges were pending. It looked like we were not going to be able to get the criminal case disposed of before the citizenship interview, so we went ahead and withdrew the case.

We had another situation where a young couple came to see us, and they had gotten their case so complicated, and there were so many bad facts in the case that we decided to withdraw that case as well, and the clients agreed.

What happened in that situation is that the couple had been fighting off and on over time, and there was a family member who was not happy about the marriage. That family member had gone down to immigration and reported them as having these marital problems, and we were worried that if we went ahead with the interview with everything just as it was, it’d really put us in a bad light, and the case would probably be denied because there are things worse than a denial because you can be caught with a fraud or a misrepresentation allegation, and that’s even worse than just having your case denied.
It’s relatively easy to withdraw a case. In most situations, USCIS is glad to close the file and move on to the next case. All you have to do is send a letter with your case numbers on there and reference the fact that you want to withdraw the case. They’re generally pretty willing to do that. They’ll do it all the way up until the interview. What you don’t want to do is make them do all this extra work and then try to withdraw it.

Now, USCIS is not required to allow you to withdraw the case. We have had a few situations where we tried to withdraw a case, and immigration service did not allow us to do that, so it’s a good idea if you’re thinking about withdrawing the case or if you think that there’s something wrong with your case that you want to make sure that you go talk to a competent immigration attorney. You want to see a good immigration lawyer and make sure that everything gets squared away properly and that you’re getting good advice as to whether or not you want to withdraw the case.

It’s not something you’re going to do in every case, but it is an option, and sometimes discretion is the better part of valor. That’s an old expression, and what it means is that sometimes you want to be able to live and fight another day. You want to have another chance, and so in a lot of these cases that we’ve withdrawn, we’ve re-prepared them, we’ve gone over the facts and done things a little bit differently than the people did without an attorney, and we’ve been able to get those cases approved.

If you have any questions about your case or if you’re wondering, “Is there something wrong about my case that would make me want to withdraw it,” feel free to give us a call.

The other thing that this points out is the fact that you really want to have a good representation from the beginning because a lot of these mistakes were things that were done by the couple because they didn’t have an attorney, so this whole problem of having to potentially withdraw a case highlights the fact that it’s really important to have good immigration counsel right from the beginning.

If you have any questions, like I said, give us a call, 314-961-8200, or you can email us at info@hackinglawpractice.com.

Thanks for watching the video. If you liked it, make sure that you like it on Facebook and YouTube. Be sure to share it with your friends and subscribe to our Facebook and YouTube channels so that you get updates whenever we shoot a new video.

Thanks a lot. Have a great day.

What’s Going to Happen to the Refugees?

President Trump and his team of anti-immigrant crusaders have made slowing down the entry of refugees into the United States one of their major reforms to our immigration system.

When the President announced his travel ban from 7 (and later 6) predominantly Muslim countries, he also announced a temporary halting of all refugee processing.

These measures obtained a significant amount of press coverage.

Lost in all of that coverage, however, was a more subtle change to the refugee process.

Legislation passed in 1980 requires the President and the administration to set the number of refugees that should be allowed into the United States each year.

For quite some time, that number has hovered between 100,000 and 110,000.

President Trump sought to cut that number in half.  Recent reports seem to indicate that the number could fall even lower than 50,000.

So there is a lot of activity surrounding the refugee question.  The President’s team argues that it is cheaper to assist refugees while they remain overseas and that there is no real reason to allow the people into the U.S.

Refugee advocates point to our nation’s long history of helping displaced people from around the globe to build a new life in the U.S.  Another argument is that it is simply a humane thing to do.

Some of these issues appear headed for a decision by the U.S. Supreme Court.  The Ninth Circuit Court of Appeals recently halted the President’s ban on refugees from entering the U.S.

However, this week, the Supreme Court stayed that decision and allowed the refugee ban to stand.

The ban is set to expire in about 6 weeks.  The Trump Administration has not made clear whether it will extend the ban, make it permanent or discontinue it.  Signs point to a more permanent situation.

For this reason, the Supreme Court will take up the issue of the President’s authority to halt refugee processing under the Immigration and Nationality Act.

In the meantime, people who have lost everything due to war and natural disasters around the world are being prevented from entering the greatest country on Earth.

Our United States.

 

 

Politics Sends DACA Bill to the Back of the Line

Republican and Democratic members of Congress responded quickly to President Donald Trump’s announcement that he would be ending the Deferred Action for Childhood Arrivals program on March 5, 2018.

Senators Lindsey Graham and Richard Durbin held a press conference to announced their re-introduction of legislation intended to protect the so-called DREAMers, undocumented immigrants who entered the U.S. without inspection as children and who have lived here ever since.

But a series of events has pushed immigration reform for DREAMers to the bottom of the legislative pile.

Hurricane Harvey hit Texas and now Irma has landed in Florida, causing massive damage and requiring significant federal resources.

Members of Congress are now scrambling to obtain needed federal benefits for their respective districts and disaster relief is first and foremost on legislators minds.

The President and members of the Republican leadership in the Capitol are looking for tax reform.

Finally, some member of the President’s own party are angry that he has joined Democrats on the complicated issue of the debt ceiling.

The result: little appetite for DREAMer legislation and a number of other topics calling for legislators’ attention.

According to a recent piece by the McClatchy wire service, immigration is low on the list of most legislators priority list:

Conservative Republicans are demanding that significant border security measures are included in any proposal that deals with Dreamers, and House Speaker Paul Ryan is well aware that angry conservatives conspired to oust his predecessor, John Boehner, over immigration.

In addition, there is the general problem that Democrats and Republicans do not agree on the best path forward for immigration.  Republicans want increased border security, Democrats want to still push for comprehensive immigration reform.  It is unclear as to whether the parties will reach consensus on the issue, especially in light of the six month window provided by the President.

What is Extreme Vetting

What is extreme vetting and how is it going to affect my immigration case?

Hi, I’m Jim Hacking, immigration lawyer, practicing law throughout the United States out of our office here in St. Louis, Missouri.

With the election of President Donald Trump, he threw around the phrase “extreme vetting” in the immigration context. We’ve had a lot of clients ask us what does extreme vetting mean and how is it going to impact my case? We thought we’d shoot this short video to discuss it.

One thing you need to know about the immigration process, I think we can all agree it takes a very long time, that when you’re dealing with agencies like U.S. Citizenship and Immigration Services, the Department of State, Customs and Border Patrol, that there are a lot of steps for the process and no one would ever accuse the Federal Government of moving quickly on immigration cases. This is cases that take place within the United States, like adjustment of status or citizenship and also involves cases overseas where a U.S. citizen or an employer is trying to bring over a foreign national to come to the United States and have to go through the State Department and the Embassy. No one would ever say that these cases go by lickety-split, in fact, they take a very long time. The reason that they take a very is because the government is already doing an extreme amount of vetting.

Just in the last five years, we’ve seen forms balloon in size. For instance, the application to adjust status used to be six pages long. It is currently 20 pages long and growing. The same for citizenship, citizenship used to be just a few pages long, and now it is many, many pages. In the spouse visa context, we use an I-130. That form used to be two pages and now it is not two pages, but it’s much longer. It actually involves two different forms, one for the spouse, who is a U.S. citizen and one for the overseas spouse. The federal government knows how to make things grow and especially when it comes to forms and making things more complex.

Add to all this, President Trump claiming that he wanted to increase vetting to cause extreme vetting to occur when someone applies for an immigration benefit. We’ve already seen the results of this as these forms are slowly implemented. Things are slowing down at the Immigration Service. Things are slowing down at the State Department. We have cases that use to take four or five months that now take eight or nine months and they’re really being nitpicky and they’re coming up with ways to slow things down. We think that the Trump Administration has brought in experts in Immigration Law and they’ve come up in ways that are pretty devious and pretty creative to really make it harder for you to bring your loved one to the Untied States, to keep your loved one in the United States, to help them get lawful status, to help them get citizenship and we’re really seeing the consequences of this with the delays.

The other thing is that when you have an agency that’s own heightened alert like this and that wants to make things harder for everybody that we’re really seeing that denials are increasing, frustration is increasing. We’re getting a lot of people who come to see us having filed for themselves and they screwed up their case. We do what we can to help them, but this is a new era. The Trump Administration has brought a new sense of scrutiny to the Immigration Service with a harsh anti-immigrant rhetoric. The people that work at the Immigration Office seem to have slowed things down and we’re really seeing clients that are frustrated.

If you need help with this, if you’re wondering how is extreme vetting going to hurt my case or slow down my case? How could I do things to make things better, how can I increase the chances of success? How can I make sure that I do everything possible to speed my case along? You’re probably going to need to talk to an experienced immigration attorney. You’re probably going to need help. It’s a new day. It’s a new time. There’s a new President and he has made immigration one of his focus issues. He has decided to have his Administration do what they can to slow things down, especially for people from particular countries, from the Middle East, from predominantly Muslim countries. These cases are going to take a lot longer, a lot harder.

We see this too in the asylum context, that it’s going to be a lot harder and a lot longer to get asylum. The Immigration Courts are backlogged, everything’s slowing down and that is by design. The Trump Administration wants to slow down immigration to the United States. They want to make it harder for people to come here and stay here. We’ll do what we can to fight for you to help you, to help smooth line the process, to help you not have to worry so much.

We hope you liked this video. Be sure to give us a call if you need some help. (314) 961-8200 or you can email us at info@hackinglawpractice.com. If you liked this video, be sure to click “Like” below to share it with your friends and to subscribe to our YouTube and Facebook channels, so that you get updated whenever we shoot a video like this.

Thanks a lot. Have a great day.

ICE’s Planned Mass Roundup Delayed Due to Hurricanes

Immigration and Customs Enforcement, like every government agency, is ruled by numbers. The supervisors have a certain number of immigrant arrests that they want to deport each fiscal year.The annual fiscal year for the federal government ends on September 30th every year. This means that if ICE is going to meet its detainee quota for the year, it is going to have to detain greater numbers of people in the next few weeks.Enter Operation MEGA.According to NBC News, ICE had the largest immigration raid ever planned for the end of September 2017. The target directed ICE officers to arrest 8,400 undocumented immigrants by the end of the month.This leaked news comes on the heels of recent ICE statements that every undocumented immigrant should be worried about deportation and that ICE would arrest not only the undocumented immigrants that they were actually targeting, but also any immigrants who lacked status and happened to be in the area of the arrest.But Hurricane Harvey in Texas and Hurricane Irma in Florida have caused ICE to postpone their planned massive immigration raids. The raids will probably take place later this year.”While we generally do not comment on future potential law enforcement actions, operational plans are subject to change based on a variety of factors,” ICE spokesman Sarah Rodriguez said in a statement. “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas, U.S. Immigration and Customs Enforcement (ICE) had already reviewed all upcoming operations and has adjusted accordingly. There is currently no coordinated nationwide operation planned at this time. The priority in the affected areas should remain focused on life-saving and life-sustaining activities.”Despite the fact that President Barack Obama deported a record number of undocumented immigrants from the U.S., ICE officials felt that he should have deported even greater numbers. The ICE union made their first ever presidential endorsement last year and supported the harsh anti-immigrant rhetoric of then-candidate Donald Trump. Presumably, the union thought that a Trump presidency would mean greater job security for their members and even higher numbers of deportations.Immigrants ho lack status should remain worried about the ICE promise to boost deportations and to conduct mass raids. We will continue following this story and provide updates on our Hacking Law Practice, LLC, website.

Lawsuit Nets Green Card for Chinese National after 2 Year Delay

The Hacking Law Practice, LLC, a national immigration law firm based in St. Louis, Missouri, recently filed a lawsuit in the U.S. District Court for Washington, D.C.  The lawsuit sought a judicial order compelling USCIS to decide a long-pending I-130 spouse petition and the accompanying I-485 adjustment of status application.

Our clients are a husband and wife from New York City.  The wife is a Chinese foreign national.

The couple applied for adjustment of status for the wife back in April of 2016.  The New York field office had been playing games with their case for months and months.

First, USCIS issued a request for evidence.  Then they delayed the adjustment of status interview for months and months.  The immigration agency then issued a second request for evidence.

The couple repeatedly and consistently contacted USCIS trying to get their case moving.  They could never get any answers at their InfoPass appointments.

In fact, USCIS tried to deny the case, but they never sent the denial notice and then tried to send a back-dated denial notice.  The agency really did a horrible job of processing the case and kept making mistake after mistake.

The couple went to the New York field office and requested that the case be reopened.  They pointed to the fact that the agency had never actually sent them the denial notice.

The case was reopened.  However, USCIS then quickly turned around and denied the case again.

The couple returned to the field office and highlighted all of the problems that the office had caused and met with a supervisor.  USCIS decided to reopen the case once again.

And then nothing happened.  Nothing.

The case dragged on for months and months.

The husband and wife found our law firm on the web.  They heard about how we like to sue USCIS and related agencies for delays in the processing of citizenship, adjustment, asylum and visa cases.

Firm attorney Jim Hacking met with the couple over Skype and they decided to hire us to sue USCIS.

We filed suit on June 27, 2017 in federal court.  We then served copies of the lawsuit on each of the defendants by certified mail.

Things then began to move quickly.  We first received an approval notice and then late this week, the couple received their long delayed green card in the mail.

The best part is that because the couple had been married so long before the green card was approved, they received a 10-year green card.

Happy to have been able to help this very nice couple.

President Trump is Ending DACA

Hey everybody, it’s Jim. I wanted to shoot this video to go over some of the thoughts that I have on the President’s decision to terminate Deferred Action for Childhood Arrivals. I want to explore what the decision to end DACA means and how that’s going to affect people who are currently benefiting from Deferred Action. Molly, can you let me know, can you hear me, what I’m saying? I don’t know if my microphone’s working. I have a new microphone. So if someone could give me a thumbs up or let me know that the microphone’s working, I’d appreciate it.

We’re going to talk through what Deferred Action is and was and … Thanks, Nick. All right, hot mic. So we’re going to talk about what Deferred Action is, what it isn’t and sort of what’s happened. I’m going to be doing a little bit of reading, and I apologize for that, but I just want to be sure that I’m thorough in talking this through to everybody.

Back in 2011, 2012, the Democrats and the Republicans in the Senate passed a bipartisan immigration reform bill that would have provided a path to citizenship for the 12 million undocumented people in the United States who have been in the United States for a long time and who entered without inspection. This law was introduced by Senator Durbin and Lindsey Graham and some other people. It was a bipartisan bill that the Senate passed overwhelmingly, and they sent it to the House for approval or for a vote. There was every indication that the House had the votes to pass comprehensive immigration reform.

But some immigration hardliners like Steve King from Iowa refused to let it come to the floor for a vote, because they knew it was going to pass, and so no immigration reform happened under President Obama’s watch. What happened instead, frustrated with the Congress’s inability and refusal to process or to pass legislation bringing about comprehensive immigration reform, President Obama adopted a program called the Deferred Action for Childhood Arrivals. This was put into place in the summer of 2012, and basically what happened is that immigrants, undocumented people who came to the United States as young people, who came as children, who’d been in the United States and who were either getting their GED or had finished high school and were studying and not gotten into any kind of criminal trouble, basically what happened was that those people had their deportation actions deferred. And that’s sort of where the “Deferred Action” comes from.

President Obama and the Attorney General, Eric Holder, and some other people, Janet Napolitano, people at the Department of Homeland Security, came to the conclusion that they weren’t going to be able to deport 12 million people. And so what they decided to do was to come up with priorities. They wanted to focus on people who had been arrested, people with criminal convictions, people who had entered the United States over and over and over, and so they did that. They adopted an Executive Order back in the summer of 2012 that said listen, we’re not going to deport these young people, we’re not going to put them at the top of our list unless they’ve committed some kind of crime. In fact, what we’re going to do is we’re going to give the ability to obtain work authorization and to have their deportations halted.

That sort of has been in place. It’s important to remember that this was not a piece of legislation. This was not something that was passed by Congress. This was just an Executive Order. And so with an Executive Order, that can always be undone by the next president. And that’s exactly what happened today. As a candidate, Donald Trump ran on a campaign to do away with Deferred Action. He and some other immigration hardliners viewed it as an unconstitutional abuse of power. Many legal scholars have refuted that, and most legal scholars have said that this was within the President’s ability to prioritize who he wanted to deport, and that President Obama’s actions were completely legal.

Lately, there have been rumblings from some states, some southern states and some other anti-immigrant attorney generals around the country, that they were going to file litigation to challenge the legality of Deferred Action. Enter stage left Attorney General Jeff Sessions. Jeff Sessions was one of the most anti-immigrant members of the Senate before he became President Trump’s Attorney General, and he has now allegedly concluded that the Deferred Action for Childhood Arrivals program is unconstitutional, and he’s like, “Oh no, I can’t defend this Executive Action in court, so President Trump you have to do something.”

What has happened today after much to-do, President Trump has finally come about and announced that he’s going to rescind the Deferred Action for Childhood Arrivals program. There is an estimated 800,000 people, more than 800,000 young men and women who are law abiding people, who have been in this country for a very long time, who know no other country in which they live, and the program is going to come to an end in six months unless Congress acts. So the President has dropped a little poison pill, I believe, on the Congress, on Paul Ryan and Mitch McConnell. Don’t forget, he’s very frustrated with these people, and now he has taken a very, very hot political topic and dropped it in the lap of Mitch McConnell and Paul Ryan, who he’s been fighting with for a long time.

Let’s get into the meat of it. Let’s talk about what the announcement today covers on September 5, 2017. This means that those young people are eventually going to have their temporary protected status and their work authorization go away. The first thing to keep in mind is that as of today, September 5, 2017, if you have not applied for Deferred Action and if you are eligible, it is now too late. Some really smart immigration attorneys have been filing these DACA applications over the last couple weeks for the people that waited to the last minute, but the program is now ended. So they will not be accepting any more Deferred Action for Childhood Arrival applications.

For those people who have already been granted Deferred Action, the question is then what happens to them? What happens to their work cards, what happens to their deportation cases, and there’s so many angles to this that we’re going to be shooting video all this week, and then we’re going to post it out to all our social media channels, because we want to get out the word as to what’s going to happen to these people. For the people who already have Deferred Action, if it expires before March 5, 2018 … in other words six months from today … if it expires by March 5, 2018, if you already have DACA and it’s going to expire, you can apply for a two-year renewal, but your application must be received one month from today. It must be received no later than October 5, 2017.

In our office, we’re going to be going over all of our Deferred Action applications, all of our beneficiaries, and we’re going to shoot those applications over for renewal for the people that are eligible. If you have Deferred Action and it expires after March 5, 2018, you’re not going to be eligible for that extension, and your DACA and your work authorization will expire on the date that’s shown on that red work authorization card that you have.

If you have a new DACA application that was filed before today, it is going to continue to be processed. They are not going to stop processing Deferred Action applications that were on file prior to September 5, 2017.

Now, one of the great things about the Deferred Action program, and one of the things that really has driven the hardliners crazy, is that with Deferred Action, not only could you get work authorization, and not only could you get your deportation halted, you also had the ability if you needed to get back to your home country to apply for something called “advance parole.” Advance parole is permission before you leave the United States to return to the United States, and it allows you to go out of the country. And if you have a qualifying relative, that is if you’re married to a US citizen, now that you’ve come back you can apply for a green card, for lawful permanent resident status through that advance parole and through that Deferred Action that you’ve been previously given. And it allows you to be properly inspected so that you can adjust your status.

We did this for a good number of clients, where we had people who had obtained Deferred Action for Childhood Arrival, they had a reason to go back home, some kind of family emergency. They’d go back to their home country, and when they return, they come through customs on that advance parole, and now they’ve been properly inspected and they’re allowed to adjust their status. In fact, we had one approved this very morning. We had a case that we’d been sweating. We weren’t sure what was going to happen with Deferred Action. We thought that it might be going away, and one of our long time clients who has had Deferred Action for quite some time and is married to a US citizen got the word today that he’s going to get his green card.

The question is are people who have Deferred Action and who have already obtained advance parole, are they going to be able to leave the United States or are they going to be able to come back to the United States and adjust their status. And the answer to that question is yes. If you’re outside of the United States and you’ve been granted advance parole, the good advice would be to come back as soon as you can, but you are going to be able to do that maneuver that we mentioned and, hopefully, obtain your lawful permanent resident status. That will still be considered a good entry for purposes of adjustment of status.

The USCIS as of today will no longer process those advance parole applications, so some of our clients do have pending advance parole applications. Those will not be granted. As far as people who have final orders of deportation and are in deportation proceedings, we’re going to cover that in tomorrow’s video, but as of now I think it’s safe to assume that those people are going to have their cases what are called “re-calendared”. They’re going to be sent back to Immigration Court, and they’re going to have to be responsive to the charges of deportation, and if they’ve already been ordered deported I suspect that eventually, and probably sooner rather than later, ICE is going to start effectuating those orders of removal. So we’ll see if that’s paused or not. I’m not sure exactly if that’s going to happen yet, but we’ll see.

One thing to keep in mind with all this is you should not be relying on the advice of strangers, you should not be relying on the advice of notarios. You want to make sure that you are using an immigration attorney, preferably one who’s in the American Immigration Lawyers Association, lawyers who specialize in immigration. There are a lot of people in times of crisis like this who try to take advantage of people, and there are many, many, many good immigration attorneys around the country. I encourage you to talk to one of them.

We are going to continue to fight for our clients, and we’re going to continue to press Congress to take action. That will be the topic of another video later this week, but for now, if you have questions about the ending of the Deferred Action for Childhood Arrivals program, if you have any questions about what your particular situation is, be sure to give us a call at (314) 961-8200. You can email us at info@hackinglawpractice.com. Make sure to like our Facebook channel, our YouTube channel so that you find out all of our future updates as to what’s been going on. We are sorry to say good night to you on this very sad evening.

You’ve gotta keep hope alive, as Reverend Jackson said. We’re going to keep fighting. We have friends in Congress, and there have been a lot of good signals that have come out of Congress that this might be changed legislatively, and that would take away a lot of the arguments that Trump, Sessions, and Kris Kobach have for doing away with Deferred Action, and we’re hopeful that even in this dark hour that things will turn around and that we’ll be able to find a good solution for a lot of the great quality people that we’ve met and we haven’t met who’ve all been benefiting from this Deferred Action program. There’s absolutely no reason these children, these young people, these quality individuals should be sent back to their home countries, and we pray and hope and will strive to make sure that that doesn’t happen.

Peace out.

Trump to End DACA, With a Six Month Window for Congress

Republican President Donald Trump has signaled his intention to dismantle the Deferred Action for Childhood Arrivals (DACA) program this week.  According to news reports, Trump will terminate the program, but provide Congress with a six month window to pass legislation to cover the so-called DREAMers.

DACA was put into place by President Barack Obama after Republican hard-liners in the House of Representatives refused to allow legislation that would have given status to undocumented immigrants who came to the U.S. as children to reach the House floor.

The U.S. Senate had passed a bipartisan bill that appeared to be able to pass both houses of Congress.

DACA has allowed more than 800,000 undocumented young people to come out of the shadows by allowing them to halt their deportations and to obtain work authorization.  With valid work authorization, they could obtain drivers’ licenses, get a job, pay taxes and have proof of identity.

All that will apparently be coming to an end, unless Congress acts quickly.

When Trump ran for President and won the Republican nomination, he promised to end the program which many conservatives view as an abuse of executive power.

Attorney General Jeff Sessions, has argued that Congress — rather than the executive branch — is responsible for writing immigration law, helped persuade the president to terminate the program and kick the issue to Congress, the two sources told Politico.

Trump is expected to formally announce the end of DACA on September 5th, and the White House informed House Speaker Paul Ryan of the president’s decision a few days ago. Ryan had said during a radio interview recently that he didn’t think the president should terminate DACA and that Congress should work on a statutory fix for the situation.

Republican Sen. Orrin Hatch of Utah, one of Trump’s top conservative defenders in the Senate, also released a statement last week advocating for DACA’s survival.

“I’ve urged the president not to rescind DACA, an action that would further complicate a system in serious need of a permanent, legislative solution,” Hatch said. “Like the president, I’ve long advocated for tougher enforcement of our existing immigration laws. But we also need a workable, permanent solution for individuals who entered our country unlawfully as children through no fault of their own.”

Other Republicans in the Senate have also urged Congress to act.  Time will tell whether the Congress will pass meaningful legislation or not.