English
ADDITIONAL UPDATES ON TRUMP EXECUTIVE ORDERS ON THE BLOG AND FACEBOOK
IMMIGRATION RELATED EXECUTIVE ACTIONS AND PRESIDENTIAL MEMORANDA UNDER PRESIDENT TRUMP
DACA TERMINATION/PHASE OUT 9/5/2017:
DHS Memorandum on DACA Recission 9/5/2017
DACA analysis (by the Law Office of Bonnie Stern Wasser- cheat sheet for who needs to do what by when) rev 9/7/17
FAQs From the Immigrant Legal Resource Center:
ILRC community_advisory_-_end_of_dacav2 (includes other languages)
FAQs From the ALC, United We Dream and National Immigration Law Center:
ALC-DACA-and-employment-2017-09-07
EXECUTIVE ORDERS:
Executive Order: Protecting the Nation From Foreign Terrorist Entry 1/27/17
- Washington et al v. Trump 9th Circuit Court of Appeals decision 2/9/2017 (upholding lower court TRO v. implementation of travel ban)
- Washington et al v. Trump Notice of Appeal 2/4/2017 (9th Circuit Court of Appeals)
- DHS Statement of Compliance with Nationwide TRO v. implementation 2/4/2017
- Washington et al v. Trump TRO 2/3/2017
- Louhghalam v. Trump (Massachusetts case) – judge not extending initial TRO 2/3/2017
- Darweesh v. Trump (NY Case) – habeas corpus – 2/2/17 TRO v. implementation extended to 2/21/17
- ***Airline and International CBP Pre-Flight Inspection Information (note, commentary may be out of date since 2/3/2017 WA v. Trump TRO, but contact info should be good.)
Executive Order: Border Security and Immigration Enforcement Improvements 1/25/17
- AILA Summary of DHS Memo Implementing Executive Order on Border Security 2/20/17
- DHS Border Security Enforcement Memo Implementing Executive Order 2/20/17
- AILA Summary of Executive Order on Border Security 1/25/17
See Know Your Rights and Family Safety Planning Information on our Resources Page.
Executive Order: Enhancing Public Safety in the Interior of the United States 1/25/17
- AILA Summary of DHS Memo Implementing Executive Order on Interior Enforcement 2/20/17
- DHS Memo Implementing Executive Order on Interior Enforcement – replaces all memos from Obama Administration below except those dealing with DACA. (Unclear about military parole in place, military deferred action, entrepreneur parole and more.)
- AILA Summary of Executive Order on Interior Enforcement 1/25/17
- City and County of San Francisco v. Trump 1/31/17 challenging refusal of federal funding for jurisdictions refusing to cooperate with immigration authorities (e.g., sanctuary cities)
- County of Santa Clara v. Trump 2/3/17 (same as above)
Presidential Memorandum Regarding the Hiring Freeze 1/23/17
Memorandum for the Heads of Executive Departments and Agencies 1/20/17
IMMIGRATION RELATED EXECUTIVE ACTIONS UNDER FORMER PRESIDENT OBAMA
On November 20, 2014, President Obama announced the following actions to be taken. As part of the Executive Branch, the U.S. Department of Homeland Security and other agencies issued directives for policy and rule making to fix existing immigration policies consistent with current statutes because Congress has failed to enact new, modern immigration reform laws. See our blog for updates, and especially our tips on what documents to collect now to prepare for DACA and DAPA. For a Complete Guide to Executive Action, see the American Immigration Council.
On February 16, 2015, a federal district court judge in Texas issued a preliminary injunction prohibiting the Obama administration from implementing the new expanded DACA (Deferred Action for Childhood Arrivals) and new DAPA (Deferred Action for Parent Accountability) programs. For updates on the litigation, please follow our blog and the American Immigration Lawyers Association pages on Resources about Texas v. United States. On November 9, 2015, the Fifth Circuit Court of Appeals upheld the District Court’s Decision. On January 19, 2016, the U.S. Supreme Court granted the Obama Administration’s Petition for Writ of Certiorari. Oral arguments are scheduled for April 18, 2016. Briefing, including amicus briefs, and analysis can be found on ScotusBlog.com.
In another case, Crane v. Johnson, the 5th Circuit Court of Appeal (that will also heard Texas v. United States) ruled that the state of Mississippi and certain plaintiff ICE officers failed to show they were injured by the first DACA program in 2012. As of April 2015, individuals can still apply for the original program and those who already have DACA can seek renewals.
Besides the immigration programs President Obama attempted to create through Executive Action, the President has used Executive Action in other areas that are important to follow. For example, Executive Actions dealing with climate change are also being challenged. See: Scotousblog.com on President Obama’s Clean Power Plan, where the U.S. Supreme Court halted five separate orders to carry out the plan pending D.C. Circuit Court of Appeals and later the US Supreme Court’s more detailed review.
- White House Announcement
- US Department of Homeland Security
- Executive Action Legal Authority: What it is and is not
- Expanded Deferred Action for Childhood Arrivals (DACA)
- Deferred Action for Parent Accountability (DAPA)
- Expansion of Stateside Provisional I-601A Waivers
- Expansion of Parole in Place for Military Families
- Formulation of Consistent Advance Parole Policy
- Business. Family, and Miscellaneous Legal Immigration Initiatives
- Prosecutorial Discretion and Priority Deportations
- Enforcement and Border Initiatives
- Promoting US Citizenship
- Avoid Scams
- Resources
WHITE HOUSE ANNOUNCEMENT
U.S. DEPARTMENT OF HOMELAND SECURITY ANNOUNCEMENT
EXECUTIVE ACTION LEGAL AUTHORITY; WHAT IT IS AND IS NOT
- US Department of Homeland Security Legal Counsel Opinion on Executive Authority
- Legal Scholars Letter on President’s Authority to Exercise Discretion
- Former General and Chief Counsels Affirm Law Professor Letter on Presidential Authority to Exercise Discretion
- “Executive Grants of Temporary Immigration Relief, 1956-Present” from the American Immigration Council
- Federalist Society Says Executive Action to Defer Deportations is Legal
EXPANSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
- DACA 2012 and Renewals Program (Currently in Effect)
- Expanded DACA (On hold for litigation – see above.)
DEFERRED ACTION FOR PARENT ACCOUNTABILITY (DAPA)
EXPANSION OF STATESIDE PROVISIONAL I-601A WAIVERS
- July 14, 2015 Proposed Regulation Expanding Who Can Qualify for Provisional Waivers of Inadmissibility
- Expansion of Who Can Process Provisional Waivers of Inadmissibility (Not available until USCIS issues a memo or regulations.)
- DHS Memo on Expansion of Provisional Waivers
- Current Policy and Procedures for Provisional Waivers
EXPANSION OF PAROLE IN PLACE (PIP) FOR MILITARY FAMILIES
- DHS PIP Memo directing new policy or regulations to expand PIP (or deferred action) to additional military family members. (Not available until USCIS issues a memo or regulations!)
- Current DHS PIP Memo (2013)
FORMULATION OF CONSISTENT ADVANCE PAROLE POLICY
- DHS Directive to Provide Policy Memo on Consistency Regarding Advance Parole
- Matter of Arrabally and Yerrabelly, 25 I&N 771 (BIA 2012)
BUSINESS, FAMILY AND MISCELLANEOUS LEGAL IMMIGRATION INITIATIVES
- January 15, 2016 “Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrations” final regulation: includes Chilean/Singaporan H-1B1, Australian E-3s and Commonwealth of the Northern Mariana Islands CW-1 beneficiaries to have 240 days continued work authorization during pending extension requests; adds “comparable evidence” option to EB-1-2 outstanding professors and researchers.
- December 31, 2015 Proposed Regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers; Proposed Rules”
- August 17, 2015 consolidated “L-1B Policy Memorandum” issued by USCIS
- June 25, 2015 “Significant Public Benefit” Entrepreneur Parole listening session;
- July 10, 2015 AILA Comments on Significant Public Benefit Parole for Entrepreneurs.
- DHS Memo on Policies Supporting U.S. High-Skilled Businesses and Workers
- Presidential Memo on Modernizing and Streamlining the Immigrant Visa System
- Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs
- DOL Fact Sheet on the Modernization of PERM Program
- DOL Fact Sheet on Expansion of Support for Victims of Human Trafficking and Other Crimes
- DOL Fact Sheet on Interagency Working Group on Worker Protection
PROSECUTORIAL DISCRETION AND PRIORITY DEPORTATIONS
- 2014 Executive Action DHS Prosecutorial Discretion Memo
- DHS Memo on Exercising Prosecutorial Discretion and Deferred Action
- ICE Instructions for Seeking Prosecutorial Discretion under 2014 Executive Action
ENFORCEMENT AND BORDER INITIATIVES
- 2014 Executive Action DHS ICE Officer Pay Reform
- 2014 Executive Action DHS on Secure Communities
- 2014 Executive Action DHS Southern Border Plan
CITIZENSHIP INITIATIVES
- Promote Citizenship Via Use of Credit Cards to Pay Fees, Explore Partial Fee Waivers and Public Awareness to Lawful Permanent Residents
- DHS Memo on Promoting and Increasing Access to U.S. Citizenship
- Presidential Memo on Creating Welcoming Communities and Fully Integrating Immigrants and Refugees
AVOID SCAMS
- The Wrong Help Can Hurt – USCIS Information on Getting Legal Help
- National Engagement with USCIS on Avoiding Scams (2013)
- Stop Notario Fraud – English
- Stop Notario Fraud – Spanish/Espanol
- Stop Notario Fraud – Chinese
RESOURCES
- Northwest Immigrant Rights Project – free help (community events, income based screening)
- American Immigration Lawyers Association – Find an AILA Lawyer
- Washington Chapter of the American Immigration Lawyers Association
- Find Legal Representation – Who May Represent You, Assist, Prepare and Submit Applications For You
Updated 3/6/16
