USCIS
Report: ICE Officers Fail to Report Some Sex Abuse Claims
Immigration and Customs Enforcement (ICE) officers failed to report numerous allegations of sexual abuse over the last four years, according to a recent report from the Government Accountability Office (GAO). Between October 2009 to March 2013, ICE headquarters received reports of 215 allegations of sexual abuse and assault, but a GAO audit of 10 of those facilities found an additional 28 allegations—40 percent more than the 70 allegations reported by these facilities. Read More
Will Filipinos Be Granted Temporary Protected Status in the Wake of Typhoon Haiyan?
In the wake of the devastating Typhoon that hit the Philippines, the Department of Homeland Security should consider providing Temporary Protected Status (TPS) to Filipino nationals in the U.S. TPS is an immigration status for nationals of certain countries. The Secretary of Homeland Security designates a country for TPS due to ongoing armed conflict, an environmental disaster or epidemic, or for other “extraordinary and temporary conditions” within that country. TPS gives foreign nationals in the United States protection from deportation, travel authorization, and the ability to work legally while in the United States. As the name states, their status is temporary and does not lead to a green card. Among others, Haiti, Syria, and Somalia are some of the countries currently designated with temporary protected status. Only individuals who can demonstrate continuous physical presence during a period specified by the Department of Homeland Security (DHS) are eligible, as this program is designed for foreign nationals who were already in the United States. Read More
D.C. Follows 11 Other States Allowing Undocumented Immigrants to Drive Legally
As House leaders delay on passing immigration reform that would help millions of immigrants already in the U.S., Washington, D.C., officials are taking steps to improve the lives of undocumented immigrants who call the city home. Last week the D.C. Council passed a bill, written by Council member Mary Cheh, which allows undocumented residents to apply for Driver’s Licenses. D.C. Mayor Vincent Gray signed the bill yesterday. The new policy, which goes into effect May 1, sets up a system where undocumented immigrants will receive licenses that are the same but for their being marked "not valid for official federal purposes." Driver’s licenses for legal residents and citizens will not change. Read More
Understanding DACA’s Education Requirement
When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for a driver’s license. What was unknown was how the immigration agency would address the question of individuals who were unable to finish high school. Would they be categorically excluded from DACA? Or would the agency provide an incentive for those folks to re-enroll in school? Fortunately, the government chose the latter. In doing so, it gave an estimated 400,000 people who met the DACA guidelines but didn’t finish high school a shot at getting DACA. Many of these individuals are thought to be among the 1.2 million who haven’t yet taken advantage of the program. Read More
USCIS to Offer Stay of Deportation to Certain Military Family Members
Today, USCIS issued guidance that is intended to prevent current and former members of the U.S. armed forces from being separated from their noncitizen family members. The memo indicates that the noncitizen family members may be afforded “parole in place.” “Parole in place” is a discretionary tool that… Read More
Supreme Court to Interpret Child Status Protection Act
Last week, several groups, including the American Immigration Council, submitted an amicus brief to the Supreme Court describing the heartrending stories of young people who have been separated from their families due to government processing delays and the shortage of visas. The case, Mayorkas v. Cuellar de Osorio, concerns the Child Status Protection Act (CSPA), which provides relief for the longstanding problem of children included on a parent’s visa application who “age out” – that is, turn 21 and lose their status as a “child”– before a visa becomes available. Upon turning 21, these young adults are unable to immigrate with their parents and must begin the visa application process anew, starting at the back of a new visa line. They end up being separated from family for years, even decades. The stories in the amicus brief make the case for how important it is that the law provide a remedy broadly available to young adults who age-out. Read More
Remembering the Contributions of Immigrant Soldiers this Veterans Day
Immigrants fill every imaginable role in U.S. society. They are found in every profession, from farmworker to brain surgeon. They are the owners of small neighborhood bodegas and the C.E.O.s of high-tech transnational corporations. They represent their communities in town councils and in the U.S. Congress. And, not surprisingly, they are also found throughout the ranks of the U.S. military, fighting on the front lines and shaping policy in the Pentagon. The importance of the myriad roles that immigrants play in the armed forces has only increased since 9/11. In recognition of their service, tens of thousands of foreign-born military men and women have been offered, and taken, an expedited path to U.S. citizenship. These two decisions—to join the U.S. military and to become U.S. citizens—are perhaps the most powerful signs of full-fledged integration into the social fabric of the United States. Read More
Are You Really Too Old for DACA?
It is past time to clear up an oft-repeated misconception about President Obama’s deportation deferral program called Deferred Action for Childhood Arrivals (DACA): it is simply not true that individuals must be under 31 to be eligible for DACA. Any individual born after June 15, 1981 is within—and shall remain within—DACA’s age requirements. Only individuals who were 31 years old or older on June 15, 2012 are ineligible for DACA. The age requirements apply to initial applications as well as renewals, and one of the only things we know about renewals is that no one will age out. As a result, there currently are individuals in their early thirties who are eligible for DACA, and assuming the program continues on, over time, greater numbers of DACA recipients will be over 31. Yet, some news articles and even flyers for legal clinics mistakenly assert that people under 30 or 31 don’t qualify—this gets the age ceiling wrong and also implies that individuals can age out of eligibility. Read More
It’s Immigrant Entrepreneurship Month in Massachusetts!
Massachusetts is no stranger to the many benefits immigrant entrepreneurs bring to communities. From family owned restaurants and shops along small town main streets, to large Fortune 500 companies, immigrant-owned businesses make sizeable contributions to Massachusetts. And as a growing number of places around the country make efforts to attract and welcome immigrants, Massachusetts continues to expand the state’s efforts. October 15 marked the start of the third annual Massachusetts Immigrant Entrepreneurship Month, which will officially run through November 15. State groups—including the Immigrant Learning Center (ILC), the New Americans Integration Institute at the Massachusetts Immigrant and Advocacy Coalition (MIRA), and the state’s Office for Refugees and Immigrants—are leading the initiative, which recognizes the contributions of immigrant business owners and innovators to Massachusetts’ economic development. Read More
Ongoing Government Shutdown Disrupts Immigration Processing
With the shutdown of the government in its second week, many immigration-related agencies continue to be closed, affecting availability of services and information necessary for applications for immigration benefits and litigation of immigration cases. Because multiple federal agencies play a role in contributing to the functioning of the immigration system, the impact of the shutdown varies from case to case and issue to issue, but the cumulative impact is placing additional strain on an already over-burdened system. Read More
America's story is an immigrant story.