Tag: The American Dream and Promise Act

Categories
Updates

The American Dream: A Dream Worth Chasing

The American Dream - A Dream Worth Chasing
Share this:

Dear TLAW Readers,

This month, we want to explore a topic close to the hearts of many in our community: The American Dream and its meaning for immigrants.

For generations, the American Dream has been a beacon of hope, symbolizing the potential for a better life built through hard work and perseverance. Immigrants, especially those from my native Philippines (“kababayan”), have been drawn to this ideal, seeking freedom from hardship and the chance to build a brighter future.

The Evolving Dream of Our Ancestors
For our parents and grandparents, the American Dream was often rooted in escaping challenges like political turmoil, economic struggles, or social limitations. Their pursuit focused on three key areas:

  • Economic Stability: Arriving with limited resources, many immigrants took factory, farm, or labor jobs, gradually building a foundation for their families.
  • Education for the Next Generation: Though their own opportunities might have been limited, education was seen as the key to a better future for their children.
  • Community and Integration: Immigrants formed supportive communities, preserving their cultural heritage while integrating into American society.

The Modern Landscape and New Challenges
While the core elements of the American Dream remain, the context for today’s immigrants has shifted. We face both new opportunities and challenges:

  • Technology and Globalization: Many immigrants arrive with advanced skill sets, finding opportunities in tech, healthcare, and other specialized fields fueled by globalization.
  • Educational Access: While education remains critical, modern immigrants may seek advanced degrees and specialized training to compete in a globalized economy.
  • Policy and Integration: Immigration policies and societal attitudes significantly impact the immigrant experience. Legal status and social acceptance are crucial for pursuing the American Dream.

Can All Reach the Dream?
The attainability of the American Dream is a complex issue. While it remains a powerful motivator, several factors influence accessibility:

  • Economic Inequality: Rising economic inequality can make achieving financial stability and upward mobility more difficult.
  • Policy Environment: Immigration policies like visa regulations, work permits, and pathways to citizenship significantly affect integration and success.
  • Social Factors: Discrimination, access to social support systems, and the strength of community networks all play crucial roles in the immigrant experience and the ability to realize the Dream.

A Dream Worth Chasing
Despite the challenges, the American Dream remains a powerful motivator for immigrants. As an immigration attorney for over three decades, I’ve witnessed the unwavering determination of my “kababayan” to achieve a better life for themselves and their families. This is not just about
ambition; it’s about a burning desire to build a brighter future for generations to come.

The American Dream may have evolved, but the core principles of opportunity and advancement persist. We, at Tancinco Law, P.C., are committed to helping you navigate the legal landscape and move toward achieving your own unique American Dream.

Sincerely,
Atty. Lou Tancinco

Categories
Updates

A Senate bill for Dreamers. Promising or not?

A Senate bill for Dreamers. Promising or not?
Share this:

Senators from both sides of the aisle have come together to back a Senate bill that would provide a path to citizenship for Dreamers.

The Senate bill promises a pathway to citizenship for 2 million Dreamers. At the same time the bill sets aside $25 billion to $40 billion for border security.

Wait, a bill that both helps Dreamers but pushes restrictions at the border? How did this happen?

This is primarily because of the primary proponent of the bill, Arizona’s Senator Kyrsten Sinema.

She said they needed legislation to further restrict illegal border crossings as her state suffered the most with lax regulations.

Will this pass? Sinema is optimistic in the Senate, despite the control of Democrats. The House is in a trickier situation, with more further right-wing legislators asserting control on the House floor.

As for the White House, President Joe Biden said Congress needs to pass a “comprehensive” immigration plan.

So far, President Biden has leaned into using Trump-era policies to limit illegal immigration.

Until this so-called comprehensive law is passed, Dreamers will continue to be in wait for their future.

To seek advice for Dreamers, consult a trusted immigration lawyer.

Categories
Updates

The Latest Court Ruling on DACA: The Good and the Bad

The Latest Court Ruling on DACA: The Good and the Bad
Share this:

There’s good news and bad news about the Deferred Action for Childhood Arrivals (DACA) program.

The United States 5th Circuit Court affirmed the 2021 ruling of a Texas judge that DACA was illegal. 

But here’s the catch – it did not order the government to stop it.

It still ordered the government to stop approving the first-time DACA applicants but it did not order for the end of the program.

How did this happen? The Circuit Court ruled that the Texas judged who decided DACA to be illegal, Judge Andrew Hanen, should review the legality of regulations that the Biden administration set.

These regulations refer to the Biden administration’s effort to codify DACA through legislative regulation instead of law, which leaders have so far failed to do.

These regulations are scheduled to take effect on October 31, and were crafted after DACA was still in limbo – the period of time after the government appealed the decision of the Texas judge declaring DACA illegal.

Essentially, the Circuit Court wants Hanen to reevaluate the decision based on the new factor at play – the new rules set by the Biden administration.

We earlier wrote about this in this newsletter and as we expected, it did have an effect on the future of DACA even if it was not as potent as a Congress-passed law.

This means DACA recipients will continue to be protected from deportation and will still keep their jobs. 

On the flip side, DACA recipients still have no pathway to citizenship.

To protect the future of Dreamers, American leaders still need to pass a law to give them pathways to citizenship. Until then, they Dreamers can only continue to dream of a way forward.

To make sense of DACA and how to navigate this limbo, consult your trusted immigration lawyer.

Categories
Updates

Updates on Biden’s U.S. Citizenship Act of 2021

Share this:

SUMMARY: The U.S. Citizenship Act of 2021 (H.R. 1177 and S.348) introduced in Congress establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues.

Specifically, the bill establishes a new status of lawful prospective immigrant. This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2021, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive permanent resident status.

The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years prior to applying.

STATUS:  The U.S. Citizenship Act of 2021 (H.R. 1177 and S.348) is still pending and is currently referred to various committees including  the Judiciary Committee for hearing and consideration. No significant action has been taken on this Biden bill since its introduction.

There are two stand-alone bills that were approved by the U.S. House of Representatives in the month of March 2021. These are the American Dream and Promise Act and the Farm Workforce Modernization Act. Both of the provisions of these bills are also included in the broader U.S. Citizenship Act of 2021.

(This update is current as of July 19, 2021. Previous updates on the U.S. Citizenship Act of 2021 may be viewed here.)

Categories
Updates

Updates on Biden’s U.S. Citizenship Act of 2021

Share this:

The U.S. Citizenship Act of 2021 (H.R. 1177 and S.348) introduced in Congress by the Democrats on February 18 and 22, 2021 is currently referred to various committees including  the Judiciary Committee for hearing and consideration. No significant action has been taken on this Biden bill since its introduction.

There are two stand-alone bills that were approved by the U.S. House of Representatives in the month of March 2021. These are the American Dream and Promise Act and the Farm Workforce Modernization Act. Both of the provisions of these bills are also included in the broader U.S. Citizenship Act of 2021.

(This update is current as of June 7, 2021. Previous updates on the U.S. Citizenship Act of 2021 may be viewed here.)

Categories
Featured

Updates on Biden’s U.S. Citizenship Act of 2021

Share this:

The U.S. Citizenship Act of 2021 (H.R. 1177 and S.348) introduced in Congress by the Democrats on February 18 and 22, 2021 is currently referred to the Judiciary Committee for hearing and consideration. No significant action has been taken on this Biden bill since its introduction.

There are two stand-alone bills that were approved by the U.S. House of Representatives in the month of March 2021. These are the American Dream and Promise Act and the Farm Workforce Modernization Act. Both of the provisions of these bills are also included in the broader U.S. Citizenship Act of 2021.

The American Dream and Promise Act

On March 18, 2021, the U.S. House of Representatives passed the American Dream and Promise (H.R.6) by a bipartisan vote of 228 to 197. Nine Republicans voted yes with the Democrats. 

The Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

  1. Have been continuously physically present in the U.S. on or before January 1, 2021;
  2. Were 18 years old or younger on the initial date of entry into the U.S.;
  3. Are not otherwise inadmissible.

The Farm Workforce Modernization Act

On March 18, 2021, the U.S. House of Representatives passed the Farm Workforce Modernization Act by a 247 to 174 vote. The passage was bipartisan with 30 Republicans voting yes with the Democrats; one Democrat voted against the bill.

This bill establishes a program for agricultural workers in the United States (and their spouses and minor children) to earn legal status through continued agricultural employment. The bill provides a process for farm workers to seek Certified Agricultural Worker (CAW) status—a temporary status for those who have worked at least 180 days in agriculture over the last 2 years. CAW status can be renewed indefinitely with continued farm work (at least 100 days per year). 

Both the American Dream and Promise Act and the Farm Workforce Modernization Act must be passed before the Senate before it becomes effective as legislation. The Senate must pass these bills with bi-partisan support. Given the support of the Republicans (9 Republicans on the Dream Act and 30 Republicans on the Farmworker bill), we are optimistic that these bills will also pass in the Senate. 

We are monitoring progress of the U.S. Citizenship Act of 2021 where various committees including the Judiciary Committee must recommend approval of the bill after examining all the provisions. If approved it will provide, among others, pathways to citizenship for millions of unauthorized immigrants once passed into law. This is a 353-page bill that would revamp the outdated immigration law which has not been updated in 30 years. The bill states as its purpose “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.”

Categories
Updates

2 Immigration Bills Benefitting Dreamers and Farm Workers Passed in the House

Share this:

The American Dream and Promise Act and the Farm Workforce Modernization Act were passed in House on March 19, 2021. These two measures need to pass the Senate before becoming law.

The American Dream and Promise Act would allow young undocumented immigrants to seek lawful permanent residency if they pass background checks and meet requirements related to education, employment or military service. Along with Dreamers, certain people with Temporary Protected Status or Deferred Enforced Departure would also be eligible. The bill passed on a 228-197 vote, with nine Republicans joining all Democrats in support. Over 2.1 million DREAMERS will benefit from this bill if passed into law.

The Farm Workforce Modernization Act was the other bill that was passed by the House. This measure would allow undocumented agricultural workers who pass background checks get temporary legal status that can be renewed indefinitely with continued farm employment. Veteran farm workers would have a path to seek lawful permanent residency. It won approval on a 247-174 vote, with 30 Republicans joining all Democrats in support.

The fact that two immigration bills passed in the House indicates that legislators are more likely to support a piecemeal approach towards immigration reform. Immigration advocates need to work together and urge their representatives in Congress to support the Citizenship Act of 2021, the bill that will, among other provisions, provide a pathway to U.S. citizenship to millions of undocumented immigrants who pass background checks and have been long time productive citizens.

Categories
Updates

DHS Memorandum Policy on DACA contrary to Supreme Court ruling

Share this:

On June 18, 2020, the U.S. Supreme Court handed a decision invalidating the September 2017 Trump’s administration’s rescission of the Deferred Action for Childhood Arrivals (DACA). After one month from the decision, on July 28, 2020, the Department of Homeland Security (DHS) issued a Memorandum affecting more than 640,000 DACA recipients. The Memorandum states that it will begin to wind down legal protections for hundreds of thousands of Deferred Action for Childhood Arrivals (DACA) recipients. While it conducts a review of the program it will reject all initial DACA applications and will limit the protection for those renewing their DACA applications to one year, rather than two years.

1. What Does This New Policy Mean To The DACA Recipients?

Two categories of DACA recipients are affected: first, the current DACA recipients or those who are already receiving the DACA protections from June 2012 to the present; and second: new DACA applicants: those who became eligible beginning September 2017 were it not for Trump’s rescission.

For the first category, current DACA recipients: They will be limited to one year protection and one year employment authorization card instead of the usual 2 years. Furthermore, they will not be allowed to apply for advance parole.

For the second category, new DACA applicants who have been eligible for DACA are now prevented from applying for DACA protections because of the Trump administration’s recent policy memorandum. These are the thousands of young immigrants who have been waiting to qualify and apply for DACA protections.

2. What are the Administration’s reasons for limiting the applicability of DACA?

The reasons are stated in the DHS memorandum released: (1) Congress should have sole authority to resolve whether DACA should continue and (2) concerns about enforcement policy that enforcing the law against those in unlawful status will not be consistently exercised if it favors a group like the DACA population. These are all flimsy excuses that run contrary to vast majority of the Americans who support protection for these young immigrants. And more importantly, these reasons do not justify issuance of this policy that runs contrary to a judicial decision of the Supreme Court and that of the District court of Maryland requiring the USCIS to accept new DACA applications.

3. What steps should present and future DACA recipients take in view of this new policy?

In view of this policy, DACA recipients should be aware of the limitations of their protections which is only one year now, and that they should not allow their DACA protections and employment cards to expire. If their employment cards are expiring the DACA recipients should renew early. And for new DACA applicants, they should hold off to the filing of new applications until this policy is reversed or rescinded. For our readers, please contact your legislators to urge them to pass the The American Dream and Promise Act, a bill if enacted would result in a permanent fix to this issue of our Dreamers by creating a pathway to U.S. citizenship.