Author Archive Phillip Kim

ByPhillip Kim

Obama Wants to Issue Work Permits to Undocumented Immigrants before November Mid-Term Elections

Even as they grapple with an immigration crisis at the border, White House officials are making plans to act before November’s mid-term elections to grant work permits to potentially millions of immigrants who are in this country illegally, allowing them to stay in the United States without threat of deportation, according to advocates and lawmakers in touch with the administration.

Such a large-scale move on immigration could scramble election-year politics and lead some conservative Republicans to push for impeachment proceedings against President Barack Obama, a prospect White House officials have openly discussed.

Yet there’s little sign that the urgent humanitarian situation in South Texas, where unaccompanied minors have been showing up by the tens of thousands from Central America, has impeded Obama from making plans to address some portion of the 11.5 million immigrants now in this country illegally. Obama announced late last month that congressional efforts to remake the nation’s dysfunctional immigration system were dead and he would proceed on his own authority to fix the system where he could.

Since then he’s asked Congress for $3.7 billion to deal with the crisis of unaccompanied youths, a request that’s gone unmet even as the House and the Senate scramble to see if they can vote on some solution to the crisis this week before adjourning for their annual August recess.

Meanwhile, White House officials led by Domestic Policy Council Director Cecilia Munoz and White House Counsel Neil Eggleston, along with Homeland Security Secretary Jeh Johnson, have been working to chart a plan on executive actions Obama could take, hosting frequent meetings with interest groups and listening to recommendations from immigration advocates, law enforcement officials, religious leaders, Hispanic lawmakers and others.

Advocates and lawmakers who were in separate meetings Friday said that administration officials are weighing a range of options including reforms to the deportation system and ways to grant relief from deportation to targeted populations in the country, likely by expanding Obama’s two-year-old directive that granted work permits to certain immigrants brought here illegally as youths. That program, called Deferred Action for Childhood Arrivals, or DACA, has been extended to more than 500,000 immigrants so far.

Advocates would like to see deferred action made available to anyone who would have been eligible for eventual citizenship under a comprehensive immigration bill the Senate passed last year, which would be around 9 million people. But Obama told them in a meeting a month ago to “right-size” expectations, even as he pledged to be aggressive in steps he does take.

That’s led advocates to focus on other populations Obama might address, including parents or legal guardians of U.S. citizen children (around 3.8 million people as of 2009, according to an analysis by Pew Research’s Hispanic Trends Project) and parents or legal guardians of DACA recipients (perhaps 500,000 to 1 million people, according to the Fair Immigration Reform Movement).

“Our parents deserve to live without the fear of deportation,” Maria Praeli, a 21-year-old who came to the United States from Peru 16 years ago, said at a protest outside the White House on Monday. “It is time for the president to go big and to go bold.”

Another focus could be the potentially hundreds of thousands of people who might be eligible for green cards today if current law didn’t require them to leave the country for 10 years before applying for one.

At the same time, the U.S. Chamber of Commerce says it is actively working to determine whether there are steps Obama could take by executive action that could help the business community.

For Obama, the political repercussions of broad executive action on immigration could be unpredictable, and extreme.

Republicans are warning he could provoke a constitutional crisis.

“It would be an affront to the people of this country which they will never forgive, it would be a permanent stain on your presidency,” Sen. Jeff Sessions, R-Ala., said on the Senate floor Monday, while urging language to block such executive action be made part of any legislation to address the border crisis.

House Judiciary Committee Chairman Bob Goodlatte, R-Va., announced plans to use an oversight hearing on the U.S. Citizenship and Immigration Services agency Tuesday to raise questions about Obama’s plans, which he warned could “worsen the border crisis and encourage many more to come.”

On the other side, some Democrats have debated the best timing for Obama to take executive action, raising questions as to whether acting before the midterms could hurt vulnerable Senate Democrats in close races while boosting turnout among the GOP base.

But liberal advocates noted that Obama’s move on deferred action two years ago gave him a boost heading into his re-election and could help this year with Latino voters discouraged over the failure of immigration reform legislation and record-high deportations on Obama’s watch. Republicans would be in a position of deciding whether to come out in favor of deporting sympathetic groups, such as parents, and many liberals say impeachment talk would only shore up Democratic base voters.

“Most Democrats will be thrilled” if Obama acts boldly on immigration, said Frank Sharry, executive director of America’s Voice, a leading advocacy group. “And Republicans will keep lurching to the right and cementing their reputation as the anti-immigrant party.”

(From AP and Yahoo News)

ByPhillip Kim

Arizona Must Give Driver’s Licenses to DREAMers; DACA

The U.S. Court of Appeals for the 9th Circuit recently ordered the State of Arizona to put an end to its policy of denying driver’s licenses to individuals who were granted Deferred Action For Childhood Arrivals (“DACA”).

In an unanimous ruling, the 9th Circuit stated that Arizona’s policy of denying driver’s licenses was unconstitutional since it violated the Equal Protection Clause. The 9th Circuit’s ruling was a huge victory for young DREAMers in Arizona in need of a driver’s license to drive to school and to work.

The full 9th Circuit court opinion may be found HERE.

ByPhillip Kim

LAPD will NOT detain undocumented immigrants without …

The city of Los Angeles announced that it will NO longer honor requests from federal immigration officials to detain undocumented immigrants for possible deportation without either a court order or arrest warrant, citing constitutional concerns raised by recent court decisions.

In announcing the decision, Mayor Eric Garcetti and police Chief Charlie Beck cited a recent decision by a federal judge in Oregon who found that local authorities violated the 4th Amendment rights of an undocumented immigrant held for two weeks on an ICE hold despite being eligible for release. Specifically, the judge found that such detainers lacked the necessary legal underpinnings, such as probable cause or a judicial determination, required to hold a suspect for a longer period.

Los Angeles’ decision to stop honoring the ICE requests represents another front in the immigration fight, with other local governments, including Philadelphia, Cook County, Ill., Newark, N.J., and other areas in California, recently deciding to limit or end their cooperation with federal immigration enforcement.
(from NBC News)

ByPhillip Kim

Special Immigrant Juvenile (SIJ) Status For Undocumented Children

The rise in the number of undocumented children from Central America has raised significant concerns recently. Many young children are crossing through the Mexico-Texas border and being apprehended by United States border patrol from the Department of Homeland Security. Over 60,000 unaccompanied minors have been apprehended since last October while attempting to enter the United States illegally. These unaccompanied minors have fled their home country in Central America, particularly from El Salvador, Guatemala, and Honduras, in order to escape the crime and gang violence there.

When an unaccompanied minor is apprehended, the Department of Homeland Security has 48 hours to ascertain the child’s identity and citizenship. The child must then be transferred to a shelter managed by the US Department of Health and Human Services within 72 hours of apprehension. While waiting for their immigration court hearings, efforts will be made to reunite those children with their family.

Many are not aware, but some of these children who are unable to be reunited with their parents or family may qualify under the Special Immigrant Juvenile Status (SIJ) which will allow them to legally stay in the United States. In order to qualify, the child will have to be unmarried and under 21 years old. The child must prove they have been abused, abandoned, or neglected. A state court must also declare the child as a dependent of the court.

ByPhillip Kim

Obama Administration Will Allow Undocumented Illegal Immigrants Under DACA to Join the Military

The Obama Administration approved a policy expansion to the current existing Military Access Vital to National Interest (“MAVNI”) plan which would allow young undocumented illegal immigrants approved under the Deferred Action for Childhood Arrivals Program (“DACA”) to join the United States military. To join the military under MAVNI, a person must possess specialized language or medical skills needed by the military. Enlistment in the military would create a pathway for expedited US citizenship for those who qualify.

Federal law does not allow any person to be naturalized unless the person has been lawfully admitted to the United States for permanent residence. MAVNI was established later to provide an exemption to refugees, asylees, those in Temporary Protected Status (“TPS”)and other foreign nationals to allow them to enlist in the military even though they do not possess a green card. MAVNI has now been expanded by the Obama administration to include DACA recipients also.

ByPhillip Kim

AB 540: In-State Tuition For Undocumented Students In California; Dream Act

Undocumented students attending college in California may be eligible to receive in-state tuition for UC, CSU, or California Community colleges rather than paying tuition at nonresident rates.

In order to be eligible under AB 540, you must:

(1) have attended a California high school for three years;
(2) have graduated from a California high school or attained the equivalent of a high school diploma;
(3) have enrolled or is registering to be enrolled at a UC, CSU, or California Community college; and
(4) file an affidavit with the college stating that you have filed an application to legalize your immigration status or will file an application as soon as you are eligible.

To further determine eligibility, you are advised to contact the Admissions Department or School Registrar at the college you are seeking to attend.

ByPhillip Kim

Employment Authorization for Certain H-4 Dependent Spouses of H-1B Nonimmigrants

The Department of Homeland Security’s latest proposal would allow certain H-4 dependent spouses of H-1B principal nonimmigrants to obtain employment authorization from USCIS. The Department of Homeland Security states that if this proposal is passed, it would benefit H-4 dependent spouses of H-1B principal nonimmigrants who are in the process of obtaining a green card through employment.

H-1B principal nonimmigrants who are considered to be “in the process of obtaining a green card through employment” are those who have an approved I-140 petition, or have been granted an extension of their stay in the United States under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

The purpose of this proposal is to relieve the financial burden of H-1B principal nonimmigrants while they are awaiting for their green cards through employment since under current law H-4 dependent spouses are not allowed to work in the United States. The Department of Homeland Security believes such proposal would further their goal of attracting and retaining highly skilled foreign workers in the United States.

ByPhillip Kim

Senator Schumer Promises Immigration Reform

At the 12th Annual Daily News/CUNY Citizenship NOW! immigration call-in, New York Senator Charles Schumer announced the possibility of immigration reform being passed this summer. If immigration reform is passed it would provide a pathway to citizenship for approximately 11 million undocumented immigrants currently here in the United States.

The bill for immigration reform was approved by the Senate but has currently stalled in the House of Representatives, which mainly consists of Republicans. Senator Schumer believes that Republicans from the House of Representatives will agree to immigration reform, otherwise they would run the risk of not being re-elected if they do not give in on this matter.

ByPhillip Kim

California Will Allow Driver’s Licenses For Undocumented Immigrants Under AB 60

New DMV locations are currently being set up throughout California to accommodate the increase in driver’s license applications due to AB 60. Fresno is amongst one of the cities which will have a new DMV building to accomodate such increase. The new DMV office will replace the current existing DMV office on Olive and Weber Avenue and will be triple the size of the Olive office.

AB 60 was signed into law by California Governor Jerry Brown last year. AB 60 would provide undocumented immigrants the opportunity to apply for a driver’s license in California. This law will be effective January 1, 2015.

The DMV Chief Deputy Director Jean Shiomoto commented in a press release that “This law will improve public safety for all Californians by helping ensure that undocumented persons pass a written and driving test and obtain proof of insurance and license before driving their vehicles in California. Thanks to AB 60, we believe more drivers will be safer on California roads.”

DMV expects to receive about 1.4 million more applications for licenses over the next three years beginning in 2015 when the AB 60 law takes effect.

Governor Brown has proposed a state budget of $64.7 million to the DMV which will include hiring approximately 900 more employees statewide and for expansion of facilities.

ByPhillip Kim

How to Read the US Visa Bulletin For Family-Based Petitions; Department of State Visa Bulletin

Each month the Department of State releases a visa bulletin which is used to determine a prospective immigrant’s place in line before they are eligible to apply for their visa to come to the United States pursuant to the visa quota.

You will be able to access the current visa bulletin HERE.

First, to read the visa bulletin, you will need to determine the prospective immigrant’s preference category. The following are the types of family-sponsored preference categories:

1. F1 – Unmarried Sons and Daughters of US citizens
2. F2A – Spouses and children of Permanent Residents
3. F2B – Unmarried sons and daughters (21 years of age or older) of Permanent Residents
4. F3 – Married sons and daughters of US citizens
5. F4 Brothers and sisters of adult US citizens

After finding the row containing the preference category on the visa bulletin chart, determine the country of the prospective immigrant’s country of nationality or citizenship. If you are not sure which preference category pertains to your case, please contact an experienced immigration attorney.

If the prospective immigrant’s country of citizenship or nationality is neither China, India, Mexico, or the Philippines then they will need to look at the column “All Chargeability Areas Except Those Listed”.

The column (country of the prospective immigrant) and row (preference category) will intersect and provide you with a date — that date means visa numbers are available to those in the preference category with priority dates on or prior to that listed date.

If you see a “C” in your preference category, then that means that the visa numbers are now current. A “U” means that visa numbers are currently unavailable for the group in that preference category.

Second, you will need to determine your priority date to see whether the prospective immigrant’s visa number is current or not. Your priority date will be on your I-130 petition approval notice in the section that says “Priority Date”.

If your priority date is not current, then you will need to wait until it becomes current. Visa numbers change month-to-month so it is important that you check the visa bulletin often.