President Biden Introduces New Immigration Bill

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In a move celebrated by many immigrant advocates, President Biden has sent a new immigration reform bill to Congress.

The U.S. Citizenship Act of 2021 contains several exciting components, including:

- creating a pathway to citizenship for millions of undocumented people

- replacing the word “alien” with “non-citizen” in official documents

- raising per-country caps on family and employment-based immigration

- ending the 3 and 10-year penalties barring entry to the U.S. for certain immigrants

- improving the immigration courts

- supporting asylum seekers

- increasing diversity visas

- prioritizing keeping families together

- addressing the root causes of migration from Central America

- promoting integration and inclusion for immigrants and refugees 

While the proposed legislation is only that at this time – a proposal – it is a welcome sign that the Biden Administration is serious about making immigration reform a priority.

The U.S. Citizenship Act of 2021 is set to be introduced in the House of Representatives by Linda Sanchez, a democrat from California, and in the Senate by Bob Menendez, a democrat from New Jersey. In its current form, the bill would require the support of at least 10 republican senators in order to defeat a filibuster in the Senate.

If this proposed legislation is not able to pass through both the House and the Senate, then the bill may be broken down into several smaller bills, allowing those items which contain widespread support to be passed into law.

Rest assured that we will be closely monitoring all developments related to this legislation and will inform our clients of any changes to the law which may affect their case.

If you are in need of representation for your immigration case, please contact our office at (425) 374-1681 to schedule a consultation with attorneys Brittan or Mary Beth.

Our attorneys have years of experience handling a wide variety of immigration matters and would be happy to support you in navigating the complexities of the U.S. immigration system.

Plans to Reunite Families and Review “Remain in Mexico” Policy

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President Biden took additional steps this week to address current U.S. immigration policies.

Through a series of three executive orders, he called for reviews of current policy, planning for the future, and recommendations for changes to several policies:

1. Family Separation at the Border 

President Biden signed an executive order to create a task force to reunite families that were separated at the U.S.-Mexico border during the “zero tolerance” policy of the Trump Administration. The goals of the task force will be to identify the children who were separated from their parents under the “zero tolerance” policy and to make recommendations regarding how those children might be reunited with their parents, as well as how family separation can be avoided in the future.

2. The “Remain in Mexico” Policy for Asylum-Seekers

President Biden also signed an executive order calling for a review of the Migration Protection Protocols, known to many as the “remain in Mexico” policy created under President Trump. The Department of Homeland Security has announced that it will not enroll any more migrants in the program, and the executive order instructs the new head of DHS, Alejandro Mayorkas, to review the issues created by the current policy, including a large backlog of cases.

3. Review of Policies that have Created Barriers to Immigration

The third new executive order calls for a review of current policies and guidelines which may create barriers to individuals applying for green cards or U.S. citizenship. It also orders a review of the “public charge” rule, under which officials could deny green cards to applicants who had used certain public assistance programs or might be likely to do so in the future.

It is important to note that these latest announcements do not make changes to the existing law, but rather call for agencies to conduct reviews and make recommendations for future changes. Immigrant rights groups and advocates should continue to monitor policy recommendations and push not only for reviews and planning but also concrete changes to policies and laws.

If you would like more information about the recent executive orders, additional details may be found in the following articles:

The Washington Post

TIME

Politico

If you or someone you know is in need of immigration representation and would like to schedule a consultation with attorney Brittan or Mary Beth, please call our office at (425) 374-1681.

For the protection of our clients and staff, consultations are available via telephone or video conferencing at this time.

Biden's Executive Orders on Immigration

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The first week of the Biden-Harris Administration has been a busy one, with the new President issuing several executive orders and proclamations which pertain to U.S. immigration policy.

Among the new orders that were recently signed, President Biden has committed to:

1. Ending the ban on entry into the U.S. from Muslim-majority countries

President Biden issued a proclamation which reversed Trump’s “Muslim Ban” – a policy which had prevented travelers from entering the U.S. who came from several so-called Muslim-majority countries and several African countries. The proclamation instructs U.S. embassies and consulates to resume the processing of visa applications from those countries and to reconsider applications that were denied under the previous “Muslim Ban.”

2. Changing the policies for enforcing civil immigration laws

President Biden has also issued an executive order which rescinds a Trump-era policy cracking down on communities that attempted to protect undocumented individuals from deportation. Stating that “the policy of my Administration is to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety” and that we must “safeguard the dignity and well-being of all families and communities,” President Biden signaled his intent to have agencies review and amend their immigration enforcement policies.

3. Including undocumented immigrants in the U.S. Census

While the Trump Administration attempted to exclude undocumented individuals from the 2020 U.S. Census, President Biden has signed an executive order instructing that all residents of each state, regardless of their immigration status, be included in the official counts. This is in accordance with the tradition of the U.S. census counting all individuals, irrespective of legal status, when conducting their counts of the U.S. population every ten years.

4. Ending funding for and construction of the border wall

In a move celebrated by many border communities, President Biden issued a proclamation ending any further construction on the wall at the U.S.-Mexico border. Within the proclamation, President Biden asserts that “building a massive wall that spans the entire southern border is not a serious policy solution” and that “it is a waste of money that diverts our attention from genuine threats.” Further declaring that “it shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall” the new President has committed to stopping additional construction of the ugly, wasteful, and cruel wall along the U.S.-Mexico border.

5. Strengthening the Deferred Action for Childhood Arrivals (DACA) Program

President Biden has issued a memorandum instructing the Secretary of Homeland Security to take action to “preserve and fortify DACA.” This policy position stands in stark contrast to the Trump Administration’s efforts to end the program and is a welcome sign of support for DACA dreamers and their loved ones.

6. Reinstating Deferred Enforced Departure for Liberians

Through a memorandum, President Biden has extended the period of deferred enforced departure for Liberians. This provides thousands of individuals from Liberia who previously came to the U.S. fleeing violence more time to apply for permanent residence status. By extending the deferral of their forced departure from the United States, President Biden has protected these individuals from deportation for an additional period of time.

President Biden will likely issue additional executive orders in the coming weeks, and more details may emerge as federal departments take action in response to these policy recommendations.

Our office will continue to monitor these changes and keep our clients informed of any policy shifts that may impact their case.

We remain hopeful for the passage of a comprehensive immigration reform bill and will hold our legislators and president accountable for the campaign promises made to America’s immigrant families.

If you are in need of an immigration attorney and would like to schedule a consultation with Brittan or Mary Beth, please call our office at (425) 374-1681.

We are currently offering consultations via telephone or video conferencing, in accordance with public health recommendations meant to help stop the spread of COVID-19.

Judge Orders DHS to Revive DACA

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A U.S. District Court Judge named Nicholas G. Garaufis has issued a court order instructing the Department of Homeland Security (DHS) to change their current policies on the DACA program.

If the court order is obeyed, DHS will begin accepting first-time DACA applications, applications to renew DACA, and applications for advance parole for those who currently have deferred action under DACA. The court order also states that those individuals who were granted one-year work permits through the DACA program should see those permits extended to be valid for a total of two years.

This is great news, both for people who currently have deferred action through the DACA program, and for those who meet the criteria to apply for DACA but have never submitted an application.

If you currently have deferred action under DACA, previously had deferred action under DACA, or believe you may be eligible to apply for deferred action under the DACA program, we strongly recommend that you speak with an immigration attorney before submitting any new applications to USCIS. The future of the DACA program is still a complicated matter and additional changes may be announced at any time.

What Happened to DACA under the Trump Administration?

Back in 2017, the Trump administration attempted to cripple the DACA program, and for a long time, the Department of Homeland Security (DHS) refused to accept first-time applications for individuals who otherwise would have been eligible to apply for deferred action under the DACA program.

This past June, the U.S. Supreme Court ruled that DHS did not have the ability to limit the DACA program in the ways that they had, because DHS did not offer an adequate explanation as to why they were making those changes. Many people celebrated that Supreme Court decision and thought that DHS would fully reinstate the DACA program shortly after the decision was announced.

However, instead of restoring the DACA program, DHS issued a memo in July 2020. This document, sometimes referred to as the Wolf Memorandum, instructed DHS personnel to reject all pending and initial applications for deferred action under DACA, and to only offer one-year renewals for those who already had deferred action under DACA, instead of the two-year renewals that had previously been the norm.

One major issue with this July 2020 memo is that Mr. Chad Wolf signed it as “Acting Secretary” of Homeland Security when he was in fact the undersecretary. This is a crucial detail, since if he was only the undersecretary at the time when he signed the memo, and not the actual secretary of homeland security, then Mr. Wolf would not have had the authority to make changes to the DACA program. It is as if someone pretended to be his/her boss, and then made new rules that only the real boss should have been allowed to make. 

Last month, U.S. District Court Judge Nicholas G. Garaufis stated that Mr. Wolf did not actually have the authority to change the DACA program at the time that he sent out his memo. This was great news, as it meant that the “new rules” Mr. Wolf had put in place when he restricted the DACA program were not likely to remain in place.

What Does the Latest Court Order Say?

On December 4th, Judge Garaufis issued a court order, reiterating that Mr. Wolf did not have the authority to make changes to the DACA program, and demanding that the Department of Homeland Security adjust its current DACA policies.

The Department of Homeland Security has been ordered to post a public notice on its website, stating that it is accepting first-time requests for consideration of deferred action under the DACA program, DACA renewal requests, and applications for advanced parole by individuals who currently have deferred action under DACA.

The court order goes on to say that the public notice which DHS has been told to post “must also make clear that deferred action and employment authorization documents (“EADs”) granted for only one year are extended to two years.”

At this time, we are closely monitoring how this court order impacts the Department of Homeland Security’s DACA procedures, and whether President Trump will make any additional announcements regarding the DACA program during his final weeks in the White House. While we celebrate this latest court order, the policies surrounding the DACA program remain complicated, and additional announcements or changes may occur.

What should I do if I currently have deferred action under the DACA program, or have never applied but believe that I meet the criteria for DACA?

If you believe that your immigration case may be impacted by this recent court order, we encourage you to meet with a reputable immigration attorney to discuss your situation. Whether you currently have deferred action under DACA, previously had deferred action under DACA, or have never applied for deferred action under DACA but believe you meet the criteria for a first-time application, it is important that you have the latest, up-to-date information and understand all the risks and benefits for your particular situation before you submit an application.

Attorneys Brittan and Mary Beth have years of experience submitting applications for DACA and advance parole, as well as other types of immigration cases. They are ready to answer your questions and help guide you through what can feel like a very complicated and overwhelming process.

Our office is currently offering consultations via telephone or video conferencing. Please call us at (425) 374-1681 if you would like to schedule a time to meet with Brittan or Mary Beth.