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Updates

DHS Releases FY 2014 Enforcement Statistics

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This week, the Department of Homeland Security released its fiscal year 2014 enforcement statistics from the Office of Immigration Statistics, Customs and Border Protection and Immigration and Customs Enforcement groups. In FY 2014, DHS conducted a total of 577,295 removals and returns, including 414,481 removals and 162,814 returns. ICE had a total of 315,943 removals or returns, and CBP made 486,651 apprehensions.

Because of a rise in illegal entry from Central America during FY 2014, the apprehensions and removals of Guatemalan, Honduran, and El Salvadorian nationals rose. Additionally, 85 percent of ICE’s FY 2014 removals and returns from the interior of the United States were of convicted criminals.

“DHS’s 2014 year­end enforcement statistics demonstrate that our front line officers and agents continue to execute their critical mission in a smart and effective way, focusing our resources on convicted criminals and those attempting to illegally cross our nation’s borders,” said Secretary Jeh Johnson. “This year’s statistics are informed by a number of complex and shifting factors, most notably the 68 percent increase in migration from countries other than Mexico, predominately from Central America, and a 14 percent drop in Mexican migration since fiscal year 2013. The unprecedented surge of unaccompanied children and families last summer, as well as the increasing number of jurisdictions declining to honor ICE detainers, also impacted DHS enforcement operations. Notwithstanding these challenges, DHS components have adjusted and continue to successfully secure our borders and protect our communities.”

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Updates

U.S. Works to Re-establish Diplomatic Relations with Cuba, Amends Travel Regulations

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On December 17, the White House published a factsheet on re-establishing U.S. relations with Cuba and an updated policy approach to U.S.-Cuba relations. As part of this large shift in policy toward our relationship with Cuba were key components related to travel. As part of this shift, the U.S. will facilitate an expansion of travel between the two countries under general licenses for the 12 existing categories fo travel to Cuba that are currently authorized by law.

Licenses will be made for authorized travelers under the following 12 categories:

(1) family visits;
(2) official business of the U.S. government, foreign governments, and certain intergovernmental organizations;
(3) journalistic activity;
(4) professional research and professional meetings;
(5) educational activities;
(6) religious activities;
(7) public performances, clinics, workshops, athletic and other competitions, and exhibitions;
(8) support for the Cuban people;
(9) humanitarian projects;
(10) activities of private foundations or research or educational institutes;
(11) exportation, importation, or transmission of information or information materials; and
(12) certain export transactions that may be considered for authorization under existing regulations and guidelines.

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Updates

CBP Launches New Border Wait Time App

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U.S. Customs and Border Protection (CBP) this week launched the Border Wait Time app, which makes it easier for travelers to plan trips across the U.S. border. The Border Wait Time app offers estimated wait times and open lane status at land ports of entry, allowing travelers to make decisions regarding where and when to cross the border.

Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.). Travelers can download the app for free from Apple’s App Store and Google Play.

“CBP continues to deploy technology that enhances the travel experience at all of our ports of entry,” said Commissioner R. Gil Kerlikowske. “The launch of this app will provide travelers crossing the land border with more information when and where they need it.”

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Updates

USCIS Approves 10,000 U Visas for Fiscal Year 2015

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According to USCIS, it has approved the maximum limit of 10,000 petitions for U-1 nonimmigrant visas for fiscal year 2015. This is the sixth straight year that USCIS has reached the maximum limit since it first began issuing the U visa in 2008.

Each year, 10,000 U visas are available for victims of certain crimes who have suffered substantial physical or mental abuse and are willing to help U.S. law officials investigate or prosecute those crimes. Although the limit for FY2015 has been reached, USCIS will continue to review U-1 visa petitions and, for those who are eligible, will send a letter notifying them that they are on a waiting list to receive the visa when it again becomes available.

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Updates

USCIS Publishes Updated H-2B Visa Numbers – December 5, 2014

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On December 5, 2014, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, a total of 14,051 beneficiaries have been approved for the first half of fiscal year 2015, with an additional 2,768 petitions pending. No beneficialries have been approved for the second half of fiscal year 2015, but 72 petitions have been received.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the ye

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Updates

Review of Changes to DACA Program

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President Obama announced a series of changes to the Deferred Action for Childhood Arrivals (DACA) program on November 20, 2014. These changes included the abolishment of the maximum cut-off age of 31 for applicants; the advancement of the date that an applicant’s continuous residence in the US must have begun from June 15, 2007 to January 1, 2010; and work permits will now be granted for 3 years at a time instead of 2 years.

Please note that childhood arrivals must still have occurred before the candidate’s 16th birthday. These changes to the DACA program are expected to take effect in March 2015. The work permit extension, however, started on November 24, 2014.

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Updates

USCIS Publishes Updated H-2B Visa Numbers – November 28, 2014

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On November 28, 2014, USCIS provided an update of the amount of cap-subject H-2B visas received and approved by the federal agency for first half of fiscal year 2015. According to USCIS, a total of 12,786 beneficiaries have been approved for the first half of fiscal year 2015, with an additional 2,344 petitions pending. USCIS has not yet received applications for the second half of Fiscal Year 2015.

Congressionally-based legislation limits the amount of H-2B visas provided per fiscal year to a total of 66,000, with 33,000 allocated for employment for the first half of the fiscal year and 33,000 allocated for employment for the second half of the fiscal year. Unused numbers from the first half of the fiscal year are made available for use by employers seeking H-2B workers during the second half of the year.

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Immigration Round Table

Will DAPA Relief be granted to a Parent who is a “Felon”?

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President Obama made it clear that “felons” and not families are going to be prioritized for deportation. An undocumented individual who has a U.S. citizen child and who plans to file for relief under the Deferred Action for Parents Accountability (DAPA) must ensure that he has no criminal history that will get him in serious trouble.

Lawrence entered the United States in 2000 on a visitor visa. One year after the expiration of his visa, he was arrested for DUI and was put on probation. He has a U.S. citizen child but is not married. The mother gave the full physical custody of the child to him. He now wants to know whether he will be eligible for an employment authorization document based on the recent Executive Actions of President Obama. Will his arrest more than 10 years ago affect his eligibility to apply for employment authorization based on the DAPA?

Criminal Bars

The Department of Homeland Security released its own policies on November 20, 2014 pertaining to the priorities for apprehension and removal of undocumented immigrants. Those who pose threats to national security, border security or public safety, which includes those convicted as felons, and those arrested at the border will be given highest priority. Also, on the priority lists for apprehension are those who are convicted of multiple or significant misdemeanor offenses.

Federal law governs whether an offense is considered a felony or a misdemeanor. A felony is an offense punishable by a potential sentence of more than one year. A misdemeanor is an offense punishable by more than 5 days but less than a year. While generally a misdemeanor is not a ground for removal, the DHS considers conviction for a “significant misdemeanor” as a ground for ineligibility for relief under the DAPA.

An offense is described as a “significant misdemeanor” regardless of the sentence imposed, and may include crimes such as burglary, domestic violence, sexual abuse or exploitation, unlawful possession or use of firearms, driving under the influence and drug distribution or trafficking. It may also include any other offenses for which the individual was sentenced to 90 days imprisonment, not including suspended sentences.

In the case of Lawrence, he has a conviction for driving under the influence of alcohol and this will be considered a “significant misdemeanor” and a criminal bar that will prevent him from obtaining any relief as a parent of a U.S. citizen under the DAPA. The specific guidelines are soon to be released by the U.S. Citizenship and Immigration Services and whether or not exceptional circumstances will be considered to overcome the bar is still unknown.

Since the implementation of DAPA will not take place until after 180 days from November 20, 2014, those who have criminal histories must take steps to obtain copies of all police reports and records of disposition of any criminal charges. It does not matter how long ago the crime was committed. An assessment by a qualified legal professional of all offenses must be sought if one is contemplating on availing of DAPA relief. Not all criminal offenses will disqualify a future DAPA applicant but certain criminal offenses irrespective of sentences may have serious adverse immigration consequences.

(Atty. Lourdes Santos Tancinco is a partner at Tancinco Law Offices and may be reached at 1888 930 0808, law@tancinco.com, facebook.com/tancincolaw or at tancinco.weareph.com/old)

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Global Pinoy

Will Undocumented Immigrants Finally Come Out of their Shadows Now?

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“Felons and not families should be deported,” this is the clear message of President Obama last week during his speech on his executive actions relating to immigration. While the immigration policies coming from the President is expected to benefit an estimated 5 million undocumented immigrants, there is doubt on whether majority will indeed come out of the shadows to take advantage of the proposed benefits.

One of the many undocumented Filipinos who will apparently benefit is Jane. She arrived in the United States in 2003 on a visitor visa and has been overstaying since then. Jane met Dan, who was her co-worker at a care home facility. After a few months of courtship, Dan married Jane. Unknown to Jane, Dan also has immigration issues because of a prior deportation order rendered against him 10 years ago. The marriage of the couple was entered into in good faith and it did not matter whether Jane remains undocumented. Jane gave birth to 2 beautiful daughters, now ages 7 and 5.

When Jane heard about President Obama’s policies, she got excited and was hoping to file for employment authorization document so she can be obtain temporary legal status. However, she raised valid concerns. What will happen to her status after three years and will she eventually be deported if President Obama is no longer in office?

The Executive Actions

The new immigration policies are very temporary in nature. President Obama signed memorandum to prevent certain undocumented immigrants from deportation and allow them to apply for a three-year work permit if they can pass a background check or submit biometric data, and establish they are eligible for relief. The policies also apply to the parents of children who were either born in the U.S. or are lawful permanent residents. It also applies to children who were brought into the country illegally prior to January 1, 2010, and have lived in the U.S. for at least five years, which is the extension of the Deferred Action for Childhood Arrivals (or DACA) to include more eligible young immigrants.

Jane is clearly qualified for the temporary relief as a parent of U.S. citizen children. However, she has to weigh in the consequences of obtaining a temporary employment card against any adverse effect on her future status or that of her husband. If the U.S. Department of Homeland Security will maintain the same policy it applied to DACA, information submitted would not be used to file deportation proceedings against the relatives who are not qualified for the relief. In this case, information obtained from Jane will not be used against her husband. As far as the future of her status is concerned, the passage of a comprehensive immigration reform will assure her of a more permanent status although it remains to be seen what the political environment will be in 2016 to make this a reality.

The specific details of the implementation of the new immigration policies are still being finalized and are expected to be released by spring of 2015. Not all who will benefit are in the same situation as Jane. Some may have no other immigration issues, and would come out of the shadows and avail of any temporary relief. For those who have long immigration history or have been in the United States for a long time, it may be wise to proceed with caution and exercise due diligence before taking any concrete steps relating to these new policies.

(Atty. Lourdes S. Tancinco may be reached at law@tancinco.com, (02)721 1963, lou@tancinco.com , facebook/tancincolaw or visit her website at tancinco.weareph.com/old)