Tag: DACA employment authorization documents

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A Possible Path to Legalization: The Dignity Act’s Bipartisan Proposal

A Possible Path to Legalization The Dignity Acts Bipartisan Proposal
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In a political world marked by partisan divides, it is refreshing to hear news of a groundbreaking bipartisan proposal that holds the promise of transforming the lives of millions of undocumented immigrants in the United States. This bill called the “Dignidad (Dignity) Act of 2023”, if passed into law, is a remarkable legislative endeavor aimed at providing a clear path to lawful status for undocumented individuals, securing the nation’s borders, safeguarding American businesses, and bolstering the nation’s economy. Introduced in the U.S. House of Representatives by Representatives Maria Salazar (R-FL-25) and Veronica Escobar (D-TX-16), this legislation brings with it a ray of hope for those who have been waiting in the shadows, yearning for their immigrant status to be legalized.

A Brighter Tomorrow: The Dignity Act’s Pathway to Legal Status

The Dignity Act is a proposal that offers two distinct options for acquiring lawful status: the Dignity Status and the Redemption Program. 

To qualify for either status, applicants must complete the “Dignity Program.” This program, at its core, provides a seven-year deferred action on removal, along with employment and travel authorization. To be eligible, individuals must prove five years of continuous physical presence in the United States before the enactment of the legislation, demonstrate good moral character, pay a fine of at least $1,000, and pass a criminal background check.

Upon successful completion of the Dignity Program, applicants must choose between Dignity Status and the Redemption Program. Dignity Status grants a five-year lawful status in the United States with the possibility of renewal, offering a chance for a stable life. Meanwhile, the Redemption Program, an optional path, provides a five-year conditional status with employment and travel authorization. After fulfilling the program’s requirements, participants can apply for lawful permanent residency, securing their place in the United States.

Hope for Dreamers: A New Beginning

The Dignity Act also extends its embrace to Dreamers, individuals who were brought to the United States as children. Dreamers and DACA recipients may obtain conditional permanent resident status by meeting specific criteria, including continuous presence for three years, education, and possible military service. This act not only recognizes the contributions of these individuals but also honors their dreams and aspirations by offering a chance at legal status.

A Transformative Immigration Landscape

In addition to providing pathways to lawful status for undocumented individuals, the Dignity Act proposes significant changes to various facets of immigration law. It strives to streamline the adjudication of asylum claims, establishes Humanitarian Campuses near the border, and creates processing centers in Latin America. Furthermore, the act offers a path to citizenship for eligible TPS recipients and reduces visa backlogs, ensuring a more streamlined immigration process.

The Dignity Act also brings about pivotal changes to employment visa categories, such as the H-2A Agricultural Guest Worker Program, removing seasonal requirements and visa caps, while also ensuring pathways to lawful status for undocumented agricultural workers. The act makes E-Verify mandatory nationwide, with phased implementation to ensure employer compliance.

In conclusion, the Dignity Act of 2023 is one of those bills that, if passed into law, will benefit those who have been waiting for their immigrant status to be legalized. It is a comprehensive, bipartisan effort that not only offers a pathway to legal status but also paves the way for a more inclusive and just immigration system. 

We look forward to getting more support for this bill as it represents positive changes that could bring progress to our nation, offering renewed hope to those who have long sought the dignity and security they deserve.

Tancinco Law, P.C. will continue to update you on any developments on these types of bills. If you have any questions, you may contact us through our website www.tancinco.com or by texting us at 415 397 0808. 

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Updates

DACA codified – what you need to know

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The codification of the Deferred Action for Childhood Arrivals (DACA) is finally in effect as of October 31, 2022, through the published DACA Final Rule of the Biden administration.

What does this mean for Dreamers? Well, for many, it means things will remain the same. This is good news to some and bad news to others.

Let me explain.

On October 6, a federal appeals court ruled that DACA was illegal, but it kept it intact – mostly because of the Biden administration’s codification.

The Biden administration codified DACA through the Final Rule in order to find a way to keep it from being struck down. This was to replace the implementation of DACA only through the legally challenged memo from the Obama administration.

Now, what does this mean for DACA beneficiaries and applicants.

The good news is that DACA renewals will continue. 

It clarified that expunged convictions, juvenile delinquency adjudications, and immigration-related offenses seen as felonies or misdemeanors under state laws won’t automatically mean disqualification from DACA.

It added that work authorizations obtained through DACA will only be revoked only after the termination of the DACA status and not at the beginning of deportation proceedings.

The bad news is that new applications still won’t be processed.

Beneficiaries who have been approved for the program could continue to renew. It is advised that beneficiaries renew regularly and on time because DACA continues to be under legal challenge and there is a real possibility that it will get paused in toto.

The recommended time to renew DACA is 150 to 180 days before expiration.

If you let your DACA status expire, you won’t be able to renew it because it will be considered a new application.

To navigate through this DACA dilemma and to find alternate ways to seek permanent status, consult a trusted immigration lawyer.

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Updates

The new DACA regulation and what it means for Dreamers

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In August, the Biden administration released the new regulation concerning the Deferred Action for Childhood Arrivals or DACA.

What does this mean for Dreamers?

The good news: Before the regulation, DACA’s only basis was executive action. With the regulation, it is further formalized with guidelines, making it also stronger to legal scrutiny.

Some of the notable clarifications that the guideline gives is that immigration offenses such as juvenile delinquency, felonies, and misdemeanors, do not make someone automatically barred from the program.

It also clarifies that Dreamers can only be barred from working if their DACA status has been terminated and not when their deportation trial starts.

Currently there are over 600,000 immigrants who are enrolled in the DACA program.

The bad news: The regulation does not go far enough to give a pathway for Dreamers for citizenship. It also only deals with DACA renewals and does not provide for new DACA applications, which has been on hold for years.

The new rules are set to take effect on October 31, 2022.

To recall, DACA is currently under deliberation in a Fifth Circuit Court of Appeals, where advocates believe the program will be ruled as illegal.

With the codifying of DACA, the Biden administration can further argue for its legality. Even if the administration loses in the Fifth Circuit Court of Appeals, it can continue arguing before the Supreme Court, where it will most likely appeal to if it loses in the lower court.

Still, the best way United States leaders can continue DACA is through legislation: A law needs to be passed and signed by the president that will give a pathway to citizenship for Dreamers and to also allow more applications to come in.

For more information on DACA, consult with your trusted lawyer.

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Updates

End of DACA puts at risk up to 6,000 young Filipino recipients

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There are approximately 22,000 young Filipino immigrants who are eligible to apply for benefits under the Deferred Action for Childhood Arrivals. Only 27 percent of those eligible applied, or approximately 6,000. The rest of these young Filipino immigrants continue to wait for permanent solution to their status. With the announcement that President Donald Trump is ending the DACA program will those who took advantage of the DACA program be arrested and eventually be deported?

Unfortunately, those who are just in the process of filing their DACA applications for the first time, will no longer be able to do so. This will affect those who just became eligible to apply for DACA and those who took time or postponed the filing of their DACA applications despite the fact that they were eligible. After September 5, 2017, USCIS will no longer accept new DACA applications.

Future of DACA recipients

There is a short window afforded to existing DACA recipients to renew their expiring DACA employment authorization documents (EAD) if these EADs are expiring between September 5, 2017 and March 5, 2018. The request for renewal and application for employment authorization document must be received by U.S. Citizenship and Immigration Services no later than October 5, 2017. This is an important deadline because USCIS will reject all requests to renew ACA and associated applications for EADs filed after October 5, 2017.

Once the application for renewal is adjudicated, USCIS is expected to renew it for another two year period or until 2019. Unfortunately, for those whose DACA benefits are expiring after March 5, 2018, once their employment authorization document expires, USCIS will no longer be able to accept and adjudicate their applications for renewal. This means that beginning March 6, 2018, there will be DACA recipients who will be deprived of their protected status and will be reverted to their unlawful status.

Will DACA recipients be deported?

It was clearly mentioned during the announcement by Attorney General Jeff Sessions that the DACA recipients are not considered priority for enforcement. While this may sound favorable, there is no guarantee that ICE will not issue Notices to Appear for removal hearings. The USCIS confirmed that it will not share information obtained through DACA applications with the ICE agents. However, it is important to note that unless ICE is requesting that information based on certain factors like national security, public safety and fraud, the information may still be shared for enforcement. It will still be best for this DACA recipients to be vigilant about their situation and to be familiar with their rights especially their rights to a hearing and their right to counsel.

Congressional action

Terminating the DACA program within 6 months will afford the U.S. Congress time to enact a law benefitting the DACA recipients. At present there are two bills pending, the Dream Act (S.1615) before the Senate and the American Hope Act (H.R.3591) before the House of Representatives.

If these bills are passed into law, it will provide permanent solutions to protect DACA recipients and give them a pathway to lawful status. These young immigrants will have to take steps to ensure that they are safe from removal.

We also encourage compassionate members of our community, who believe that DACA recipients deserve a chance to build their lives in the country they call home, to work together towards the passage of the Dream Act by contacting their representatives in Congress.

(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)