Judge Orders DHS to Revive DACA

Photo Credit: Al Drago for Bloomberg

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.

Creating an Immigrant-Welcoming United States

Like many of you, we are excitedly counting down to the inauguration of President-Elect Joe Biden on January 20th, 2021.

During this time of transition, several decisions will be made regarding who will be nominated to serve in key cabinet positions as part of Joe Biden’s leadership team, as well as what kinds of policy changes the new administration will advocate for from day one.

This is the time to make sure that a fair, humane, and efficient immigration system remains a top priority for the new administration.

One nomination that appears to embody an immigrant-friendly atmosphere is that of Antony Blinken. Joe Biden has announced that he will nominate Mr. Blinken to serve as his Secretary of State. Mr. Blinkin previously served as a Deputy Secretary of State during the Obama presidency, and has several years of experience working in foreign policy.

As he explains in this guest appearance on Sesame Street back in 2016 (see video below), Mr. Blinken believes that refugees should be welcomed to the U.S. and treated with understanding and respect. This is the kind of attitude we want to see among our nation’s leaders!

Creating an immigration system rooted in justice and fairness will take more than just a good attitude, though. In addition to public statements in support of immigrants and refugees, we also want to see policy changes that lead to real improvements in current immigration procedures.

To that end, the American Immigration Lawyers Association (AILA) has announced a list of policy recommendations for the incoming Biden-Harris administration. These recommendations, which address key issues such as reducing the backlog of cases at USCIS, restoring fairness and integrity to U.S. immigration courts, and ensuring fair and humane treatment of migrants at the U.S. border, represent the kinds of tangible changes that we want to see in the coming months.

We all must work together to hold our government leaders accountable and ensure that they follow through on their statements and promises!

Now is the time to make our voices heard and see to it that immigration reform remains a top priority both on and after Inauguration Day.

If you’d like to learn more, the entire list of AILA’s recommendations can be found here:

https://www.aila.org/infonet/a-vision-for-america-as-a-welcoming-nation 

Updates about the Biden-Harris Administration transition process, including who will be nominated for various cabinet positions, can be found here:

https://buildbackbetter.gov/

As always, if you or someone you know has a case with immigration, we strongly recommend that you/they obtain legal representation from a reputable, high-quality attorney.

Our office is currently scheduling consultations via telephone or video conferencing. Call us at (425) 374-1681 to schedule an individual meeting with Brittan or Mary Beth!

Thanksgiving Week

In observance of the Thanksgiving holiday, our office will be closed on Thursday, November 26th and Friday, November 27th, 2020.

We recognize that this may be a difficult week for many people.

For many who are native to this land, the colonial roots of this holiday are a reminder of a long history of violence, disenfranchisement, and pain.

For those who are undocumented, have family members and friends who are undocumented, or live in communities that are not welcoming to immigrants, this national holiday may bring feelings of exclusion or other-ness.

For all those who are separated from loved ones at this time, whether across international borders or because of necessary safety measures during the COVID-19 pandemic, this week may bring feelings of loneliness and loss. Our hearts go out to all those who may be struggling during this holiday week.

We also take this time to reflect on all we are grateful for in the midst of a difficult year.

We are grateful for the immigrants in this country and the essential, challenging, and often unrecognized work that they do: for the farmworkers that bring food to our tables, construction workers who build homes and businesses, domestic workers who care for children and the elderly, medical workers who treat the ill and promote good health, teachers who educate the next generation, small business owners who bring goods and services to others, and all those who create positive change in their communities.

We know how important high-quality legal representation is for immigrants’ cases, and we are grateful for the opportunity to serve our clients and support them through their legal processes.

We are grateful for laws and federal programs that welcome new immigrants to this country, and we hope to see more families reunited and DREAMers protected in the coming months.

And this year in particular, we are grateful for all of the people who are helping to keep others healthy, treat the sick, and keep our society functioning during this pandemic. 

We wish everyone a safe and healthy Thanksgiving holiday.

Our office will be closed on Thursday the 26th and Friday the 27th, but we resume normal business hours on Monday, November 30th, 2020.

New COVID-19 Restrictions Until December 14th

As many of you know, COVID-19 cases are continuing to rise in Washington State.

In order to help slow the spread of the virus and keep our healthcare systems from becoming overwhelmed, Governor Jay Inslee has announced a new set of restrictions for our state.

These new rules will remain in effect until December 14th 2020 and include measures such as restricting social gatherings, closing many indoor activities, and either temporarily closing or restricting many businesses to 25% of their usual indoor capacity. The announcement does not restrict the day-to-day operations of courthouses; therefore local courts, including the Seattle Immigration Court, remain open at this time.

Here at Schwartz & Sheehan, we are working hard to serve our clients and to help protect public health during this difficult time. While we are not able to conduct in-person meetings right now, our office is still open for remote appointments for both new and existing clients.

We look forward to the day when we can safely meet in-person again! Until then, please call our office at (425) 374-1681 if you would like to schedule a telephone or video consultation with one of our immigration attorneys.