Month: July 2017

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Global Pinoy

Immigration: Entrepreneur parole program at risk of being axed

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The U.S. Department of Homeland Security released its official rule on July 11, 2017 seeking to delay the implementation of the International Entrepreneur Rule or the entrepreneur’s parole program. With the publication of this rule, the effective date of implementation is moved from July 17, 2017 to March 14, 2018.

Entrepreneur Parole Program

At the beginning of this year, the DHS published the International Entrepreneur Final Rule (aka the entrepreneur parole program) with an effectivity date of July 17, 2017. Many startup companies have been looking forward to the implementation of this program as it will attract talented foreign entrepreneurs who are well positioned to advance U.S. businesses.

Most of those who stand to benefit from this program are foreign entrepreneurs who can prove that their knowledge, skills or experience would substantially assist a U.S. entity in conducting and growing its business in the United States.

Parole Authority

The current immigration law allows the DHS to exercise its parole authority under section 212(d)(5) of the Immigration and Nationality Act if the presence of the paroled non-U.S. citizen would provide a significant public benefit to the United States.

Under the entrepreneur parole program, eligible applicants may be granted a stay of up to 30 months, with the possibility to extend it for a period of up to 30 additional months. Those targeted to receive parole are entrepreneurs who shall work with the start up businesses.

Delaying Its Implementation

The rule that was just recently released reveals that the DHS decided to delay the effective date of the entrepreneur parole program to further consider it in light of the Executive Order on Border Security and Immigration Enforcement Improvements (EO13767).

Under this executive order, the DHS Secretary is mandated to take appropriate action to ensure that the parole authority is exercised on a case-to-case basis in accordance with the plain language of the law and that it so demonstrates urgent humanitarian reasons or significant public benefit. It is in this light that the DHS delayed its implementation in order to re-examine the program based on EO 13767.

The rule on entrepreneurs parole program was first published on August 31, 2016 by the DHS and the final rule was published on January 17, 2017. The policy was not finalized without considering comments from the public about the benefit it will bring if implemented.

Approximately 3,000 entrepreneurs were expected to apply for this program. Most of those who are planning to apply are in the tech industry as well as those who are planning to develop new business ventures that will spur economic growth and job creation.

It is sad that the present administration’s perspective is just the opposite. While other nations are inviting foreign entrepreneurs, the United States will be turning them away by delaying implementation of the program (and possibly terminating it altogether).

Many billion-dollar startup companies including Google, Uber and SpaceX were founded by immigrant entrepreneurs. They now hire thousands of U.S. citizens. Obviously, strengthening startup companies, job creation and innovation are a significant public benefit and this entrepreneur parole program should not have been stalled.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

Categories
Global Pinoy

Know Your Rights in Case of ICE Arrest

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At the recently concluded American Immigration Lawyers Association conference held at New Orleans, representatives from the Immigration and Customs Enforcement indicated the lack of detention centers and beds. It was mentioned several times, that Trump’s policy on interior enforcement is being executed and they expect increase in apprehension.

If a non-U.S. citizen who is without legal status is arrested by ICE agent, what steps may be taken? What rights if any do they have at the time of arrest?

Below are the “Know Your Rights” information being disseminated by Immigration Legal Resource Center and certain non-profit organizations, which may be asserted if the inescapable ICE visit or arrest takes place.

You have the right to remain silent.

You can assert your fifth amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.

The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address and date of birth.

You have the right to speak to a lawyer and the right to make a phone call.

It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.

You have the right to refuse to sign anything before you talk to a lawyer.

There will be some documents that will be presented to you for signing after you are apprehended and taken into custody. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.

When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation. Each case of an unauthorized individual is distinct and all non-U.S. citizens must be vigilant about their rights. During these challenging times, a legal advice from a professional immigration attorney becomes indispensable to figure out what legal options may still be available.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney at Tancinco Law Offices and may be reached at law@tancinco.com, facebook.com/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808.)