DAPA UPDATE: Immigrants go on hunger strike for DAPA

In an effort to keep the DAPA case moving, immigrants from across the United States are participating in a hunger strike outside the Fifth Circuit Appeals Court in New Orleans, demanding a decision be issued by the Court of Appeals by October 23, 2015.

Regardless of the decision by the Fifth Circuit, it is highly likely that the losing party will appeal to the Supreme Court. Protesters claim that October 23, 2015 is an important date because if a decision is made before that date, the Supreme Court can hear arguments and issue judgement in 2016. If the decision by the Fifth Circuit is not made before that date, the Supreme Court will likely issue a decision on this case until at least 2017.

If the immigrants’ fasting efforts are successful, DAPA may be resolved by next year. Please keep checking our website for updates.

For more information, see the following news reports:

Exasperated immigrants are preparing to fast for reforms

Why Immigrants Are Fasting In Front of Courthouse in Louisiana

Guatemala Consulate Visit

The Guatemalan Consulate will be providing mobile services on Saturday, November 14 and Sunday November 15, 2015 at:

Mary Queen of the Holy Rosary Catholic Church
601 Hill N Dale Rd.
Lexington, KY 40503

To apply for a new passport, you will need to present the original and photocopy of the Cedula de Vecindad or Documento Personal de Identificación (DPI) or original and photocopy of your birth certificate and $65.00.

For more information, please check the consulate's website here.

BEWARE OF SCAM PHONE CALLS

The United States Citizenship and Immigration Service (USCIS) has issued an alert warning immigrants of scam phone calls being made to USCIS customers. Customers report receiving phone calls from someone who claims to be calling from USCIS or ICE (Immigration & Customs  Enforcement). The caller ID on these calls match an actual USCIS or ICE number, which makes the call seem legitimate. However, the person making these calls usually threatens deportation or other serious consequences unless a payment is made either by making a money transfer, sending a money order or other form of payment.

If you receive one of these calls, DO NOT give any payment or personal information over the phone. Hang up and report the call to the Federal Trade Commission (click here to be redirected to their site). If you have additional concerns, you can call the USCIS Customer Service Center at 1-800-375-5283 or contact an attorney.

See the USCIS warning here.  

Additional information here. 

Oral Arguments on DAPA/Extended DACA Case

On July 10, 2015, the Fifth Circuit Court of Appeals held oral arguments so that attorneys from both sides of the lawsuit could address certain issues (such as whether the states have standing to bring the lawsuit) in person. Oral arguments give the appellate judges the opportunity to ask the lawyers questions that were not answered in the written pleadings, challenge the logic of some of the attorneys’ arguments, and dig further into issues the judges feel were not sufficiently addressed in writing. Oral arguments give the attorneys for each side the opportunity to further explain their positions and to clarify any misunderstandings.

Audio of the arguments can be heard here.

DACA: Three-year work authorization

If you, or someone you know, obtained DACA and Employment Authorization Documents (EADs, “work permits”) valid for three years, this post is for you! 

Due to the injunction issued by Judge Hanen (see previous post dated February 18, 2015), USCIS is recalling certain three-year EADs issued to DACA grantees.  The procedure being followed by USCIS regarding this recall is as follows:

1. USCIS will send the DACA grantee a notice stating there was an error in the authorized period and instructions as to what will need to be done (see items 2 and 3 below);
2. USCIS will then send a replacement two-year EAD to DACA grantee;
3. Once the replacement EAD is received, the DACA grantee MUST send the three-year EAD, along with any three-year approval notices and a copy of the notice (item 1) to USCIS at the following address:

USCIS
ATTN: ACD DACA
P.O. Box 87730
Lincoln, NE 68501-7730

Item 1 on the list above is especially important because it means that the database that records your eligibility for a driver’s license will also be updated. Therefore, even if you have already received a driver’s license for three years, your license will NOT be valid for three years. It will only be valid until the expiration date listed on your two-year EAD. 

Please note that not everyone who obtained a three-year EAD will need to return it. You DO NOT need to return your EAD if it was issued before February 16, 2015, even if it was issued for three years.

You must return your EAD if all of the following are true:

•    You obtained a three-year EAD after the injunction issued on February 16, 2015;
•    You have received a letter from USCIS instructing you to return your three-year EAD; and
•    You have obtained a replacement two-year EAD from USCIS.

If all of the above are true in your case, you MUST return your three-year EAD.

Please DO NOT return your three-year EAD unless you have already received a replacement two-year EAD. 

USICS has issued a fact sheet with detailed information. Read it here. 

More information can be found here:
CLINIC LEGAL - FAQs
Immigration Advocates Clear Questions 

The American Immigration Lawyers Association has also issued a statement explaining these instructions (AILA Doc No. 15070802).

UPDATE: DAPA Injuction Remains in Place

• The 5th Circuit Court of Appeals recently heard arguments in the case of State of Texas v. United States of America pertaining to the implementation of the Executive Actions issued by President Obama on November 20, 2014 (including DAPA).
• The Court decided this week that President Obama’s program will remain on hold for now. The government will not accept applications while the case continues.
• Arguments are scheduled for July at the 5th Circuit Court of Appeals and we expect a decision a few months later.
• We, alongside many scholars and advocates, expect that the President’s program will move forward. This decision is a momentary setback and by no means is a final decision.
• If the 5th Circuit Court of Appeals rules against the program, the Obama Administration will almost certainly appeal to the U.S. Supreme Court.
• We remain confident that the President’s program will be allowed to move forward and that so many of our clients, such as yourself, will be offered the relief which is so needed.
• If you know US citizens who are eligible to vote, you should recommend that they contact their Congress person and voice their concerns about immigration policy.

CNN Report -- A delay – not defeat – for Obama’s immigration action

National Immigrant Justice Center -- Fifth Circuit Immigration Ruling Delays  Justice, Keeps Americans and Immigrant Families in Limbo

See the court's decision here.

ATTENTION DACA GRANTEES!

Tax Information

• You MUST file taxes.
• You should use your Social Security Number to file taxes (NOT your ITIN).
• If you previously filed with an ITIN, consult with a tax professional about the following:
  • Amending up to three prior years of taxes, if you qualify for the Earned Income Tax Credit; and
  • Notifying the IRS that you will no longer use your ITIN. 

Affordable Care Act ("Obamacare")

• You are NOT eligible for subsidies under Obamacare and CANNOT apply for health insurance through a healthcare exchange website (such as healthcare.gov or kynect.ky.gov). However, you CAN apply for health insurance through your employer or directly from an insurance company.
• Please consult with a healthcare exchange representative to help you apply for family members in your household that may be eligible for subsidies under Obamacare (if they have legal status). 
• You are NOT required to have health insurance.
• If you did not have health insurance in 2014, you do NOT need to pay the penalty. 
• To avoid the penalty, you must submit IRS Form 8965 (exemption code C).
• If you have already paid the penalty, please consult a tax professional, as you will probably have to file an amended return to claim your exemption. 

Additional information may be found at United We Dream. 

UPDATE: New Developments on President Obama’s Executive Action

On February 16, 2015, Judge Andrew S. Hanen of the Federal District Court for the Southern District of Texas issued an injunction, temporarily stopping, President Obama’s executive action announced on November 20, 2014.

In situations like this, it is common to have many questions. Please consider the following:

• This decision is NOT permanent;

• The Federal Government has announced that it will appeal the order;

• At this time, the only applications that are immediately affected are those requesting expanded DACA under the new guidelines. Those who qualify for DACA based on the guidelines announced on June 15, 2012 are NOT affected;

• DACA applications under the new guidelines will not be accepted by USCIS until such time as Judge’s Hanen’s order is lifted;

• Numerous immigration attorneys, organizations and even the federal government are confident that DAPA and expanded DACA (under new guidelines) will proceed (see White House statement here);

• If you have already signed a contract with us for these applications, we will continue working on your cases so as to be prepared to file as soon as that is possible;

• Our office will continue to meet and work with prospective DACA and DAPA clients – do not hesitate to call and make an appointment!

See news reports:

New York Times Article -- Dealt Setback, Obama Puts off Immigrant Plan

Think Progess Article -- Federal Judge Blocks Obama's Immigration Action at the 11th Hour. Here's Why It Probably Won't Work

United We Dream Article -- A Judge Just Ruled to Halt Immigration Executive Action. Here are 5 Things You Should Know

You can see Judge Hanen's Decision here. 

PUBLIC PRESENTATIONS ABOUT OBAMA'S NEW IMMIGRATION PROGRAMS

Experienced Immigration Attorneys will explain 3 major changes announced by President Obama at a number of public meetings in January.  Please get the word out to your communities!  We are also circulating a flier in English and Spanish giving more details.  Here are the dates and times of the meetings:

Sun. Jan. 11:  Americana Center, 4 – 6 p.m. 
4801 Southside Drive, Louisville, KY 40214
(502) 366-7813 
 
Sat. Jan 17:  St. Bartholomew, 7 - 8.30 p.m. 
2042 Buechel Bank Road, Louisville, KY 40218
(502) 499-0883
 
Sun. Jan 18:   St. Edwards, 6 - 7:30 p.m.
9608 Sue Helen Drive, Jeffersontown, KY 40299
(502) 267-6633   
 
Thurs. Jan. 22:  La Casita, 6.30 - 8 p.m.
223 E. Magnolia Street Louisville, KY 40208 
502.322.4036   
 
Wed. Jan 28:  St. Rita, 6:30 - 8 p.m. 
8709 Preston Highway, Louisville, KY 40219
(502) 969-4579  

These events are organized by the Americana Center, the La Casita Center, St. Bartholomew Catholic Church, St. Edward Catholic Church, St. Rita Catholic Church, and Russell Immigration Law Firm.

See the English flyer here.

Vea el volante en español aquí.

See news coverage here.

President Obama's Announcement (November 20, 2014)

DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY (DAPA)

On November 20, 2014, President Obama addressed the nation to announce his plans for a new immigration program available to parents of U.S. citizen (USC) or Legal Permanent Resident (LPR) children. President Obama announced a program called Deferred Action for Parental Accountability (DAPA),which will allow millions of undocumented immigrants to obtain work authorizations and to live without fear of deportations. Parents of USC or LPR children, who have been present in the U.S. since January 1, 2010 and who clear a criminal background check will be able to apply for this program. It is unclear at this moment if those who meet all the criteria but have previously been deported qualify. We will update this blog once this question is answered by the authorities. Applications for this program can be submitted approximately 180 days after President Obama's announcement (i.e., on May 19, 2015). We expect much more clarification between now and then as to who is eligible to apply.

CHANGES TO DEFERRED ACTION FOR CHILDHOOLD ARRIVALS (DACA)

As part of President Obama's executive action, the eligibility criteria for Deferred Action for Childhood Arrivals (DACA) has been changed. As a quick review, the eligibility criteria for DACA, as announced on June 15, 2012 was as follows:

The applicant:

1. Must have been 30 years old or younger as of June 15, 2012;
2. Must have entered the U.S. before the age of 16;
3. Must have been continuously present in the U.S. since June 15, 2007;
4. Must have been present in the U.S. on June 15, 2012;
5. Must have completed high school or a GED program OR be enrolled in high school or a GED program;
6. Must not have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors.

President Obama announced that two eligibility criteria will change: first, there will be no age cap for DACA applicants; and second, each applicant must have been continuously present in the U.S. since January 1, 2010. These changes mean that many more undocumented immigrants who entered the U.S. as children will now be able to apply for DACA.

President Obama's address to the nation can be seen here:

http://www.whitehouse.gov/blog/2014/11/20/we-were-strangers-once-too-president-announces-new-steps-immigratio