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Immigration Update: The United States Citizenship and Immigration Services Issues Memorandum Partially Rescinding Deferred Action for Childhood Arrivals

On July 28, 2020, the United States Citizenship and Immigration Services (USCIS) issued a memorandum partially rescinding the Deferred Action for Childhood Arrivals (DACA) initiative. This memorandum was in response to the June 18, 2020, Supreme Court decision, which found that the Trump administration’s initial attempt to rescind the DACA program was done improperly. USCIS was then ordered to restore all aspects of the DACA program, including accepting first-time applications and advance parole requests. 

USCIS’ July 28 memorandum rescinds portions of the DACA program and lays the groundwork for rescission of the entire initiative. The memorandum announced the following changes to the DACA program:

  • USCIS will reject all first-time applications for DACA. This includes any first-time applications currently pending as of July 28, 2020 or filed in the future. Any USCIS fees submitted with first-time applications will be refunded to the applicant.
  • Previously, those eligible to renew their DACA received two-year renewals. USCIS will now issue only one-year DACA renewals to eligible applicants. The application fee to renew DACA will remain $495 despite the shortened renewal period. The memorandum does not appear to change the eligibility requirements for renewal applicants. It also states that USCIS will continue to comply with its policy of refusing to share information with Immigration and Customs Enforcement (ICE) for enforcement activities. 
  • USCIS will deny virtually all applications for advance parole based on DACA. Any such advance parole applications currently pending will be denied and any USCIS fees paid will be refunded. USCIS has left open the possibility that it will approve advance parole applications in “exceptional circumstances”. The memorandum does not describe what qualifies as exceptional circumstances. Any advance parole approvals issued before the July 28 memorandum will remain valid.

The July 28, 2020 memorandum is almost certainly the Trump administration’s first step in attempting to rescind the entire DACA program. This partial rescission will likely be challenged in court. However, unless and until a judge decides that this memorandum is unlawful, it will remain in effect. For now, those who previously had DACA and remain eligible to renew may still do so.

All DACA eligible individuals should consult with a legal service provider for information about, renewing their existing DACA and/or getting screened for eligibility for other, more permanent immigration benefits.

To make an appointment with Catholic Migration Services for free legal assistance renewing DACA, please call our office Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office).

Download this update as a PDF.

 

Immigration Update: The Supreme Court of the United States on the Deferred Action for Childhood Arrivals (DACA) Program

Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen

On June 18, 2020 the Supreme Court of the United States held that the Trump Administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program in 2017 was unlawful, thus allowing almost 800,000 DACAmented community members, including 45,000 residents of New York, who call the United States of America home to breathe a sigh of relief knowing that the program has not been eliminated and continues to stand.

What does the decision mean?

  • The Supreme Court’s decision specifically takes issue with the way the Trump administration ended the program in 2017. The Court held that the way the program was terminated was improper. It did not hold that DACA was lawful or good policy.
  • The Supreme Court’s decision means that the DACA program should be restored completely, which means that first time applicants should be able to apply. It is unclear when the United States Citizenship and Immigration Services (USCIS) will begin taking on new applications. Individuals currently with DACA continue to remain eligible to renew their DACA for two more years.
  • It is possible that Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel.
  • All DACA eligible individuals should consult with a legal service provider for information about applying for DACA for the first time, renewing their existing DACA, and/or getting screened for eligibility for other, more permanent immigration options.

This decision is an enormous victory for our immigrant communities and their allies who mobilized to protect the DACA program. However, it is important to keep in mind that the Trump administration can again attempt to end the program through other means, and that only an act of Congress can afford DACAmented community members true permanent status in the United States.

We will continue to update our website with more information as it becomes known.

To make an appointment with Catholic Migration Services for free legal assistance applying for or renewing DACA, call us at (718) 236-3000 (Brooklyn office) or (347) 472-3500 (Queens office).

Download this update as a PDF.

Virtual Immigration Town Hall

Last week Catholic Migration Services and New York Lawyers for the Public Interest hosted a Virtual Immigration Town Hall via Facebook Live. Panelists discussed how COVID-19 is impacting tenants and workers, shared helpful resources with the immigrant community during this difficult time, and took questions from the audience. If you missed it, view the video below.

*The Virtual Immigration Town Hall begins at 00:09:00

Join Catholic Migration Services and New York Lawyers for the Public Interest for an Virtual Immigration Town Hall on…

Posted by Catholic Migration Services on Thursday, May 7, 2020

The Immigration Conundrum

The issue of immigration reform has caught the attention of our country because of the unfortunate practice of separating children from their parents as they approach the border. Some of the people are seeking asylum or a safe haven escaping difficult situations in their home countries, especially violence and oppression. Others come seeking to improve their economic condition fleeing a life of poverty. In his weekly column Put Out Into the Deep, the Most Reverend Bishop DiMarzio revisits the President’s State of the Union address and the four pillars announced as the necessary elements for immigration reform.

Read the full column in The Tablet: The Immigration Conundrum

DACA RECIPIENTS: Call your lawyer today!

July 31, 2018

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The opportunity to renew your DACA Status could end as soon as mid-August 2018 depending on the outcome of court cases challenging the Trump administration’s attempt to eliminate DACA.

It is crucial that you contact your lawyer and check in with them today!

Brooklyn Office: (718) 236-3000
Queens Office: (347) 472-3500

Download this advisory as a PDF.

Recent updates Pertaining to Deferred Action for Childhood Arrivals and Temporary Protected Status Pertaining to Nepal

May 1, 2018

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Recent Updates to Deferred Action for Childhood Arrivals (DACA)
On April 24, 2018 a Judge for the Federal District Court of the District of Columbia ruled that the administration’s decision to terminate Deferred Action for Childhood Arrivals (DACA) was based on “unexplained grounds” and therefore concluded that the DACA program must stay in place and the USCIS must accept new applications. However, the Judge’s decision is on hold for 90 days to give the Department of Homeland Security (DHS) time to better explain its reasoning for cancelling DACA.

What this mean for DACA recipients
If the Department of Homeland Security (DHS) is not able to come up with a sufficient reason for why they cancelled DACA, the program will continue and DHS will be forced to accept new DACA applications.

Recent Updates to Temporary Protected Status (TPS)
On April 26, 2018 the Secretary of Homeland Security announced that the termination of TPS for Nepal will be delayed for 12 months and the program will terminate on June 24, 2019. Nepali citizens with TPS will be required to re-register for TPS and work authorization but should not do so until the re-registration period is announced in the Federal Registrar.

How to Contact Us:
If you are a DACA or TPS recipient and have any questions or concerns, please call Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500 between 9:00 a.m. to 5:00 p.m. from Monday through Friday. For additional information, visit our website at www.catholicmigration.org and follow us on social media via Facebook, Twitter, and Instagram @CMSBQ.

Download this update as a PDF.