IMMIGRATION LAW

1. IMMIGRATION LAW Navigating Through Uncertainty

2. Our Government

3. Homeland Security Secretary/Department of Homeland Security • The top official of the US Department of Homeland Security • The Department of Homeland Security oversees US Immigration and Naturalization, The Cost Guard, the Federal Emergency Management Agency, Transportation Security, and the US Secret Service among other agencies. • Retired Marines Corps General John Kelly nominated to be Homeland Security Secretary

4. Attorney General • Represents the United States in all legal matters. • The United States Attorney General is the top officer in the U.S. Department of Justice and the chief law enforcement officer and attorney in the U.S. Government. • The Attorney General’s role has a tremendous impact within our judicial system, including the responsibility for the administration of the immigration courts throughout the United States. • Senator Jeff Sessions

5. Transformational Executive Orders • Under President Obama

6. President’s Obama Executive Orders Deferred Action for Childhood Arrivals (DACA) 2012: It allows certain undocumented immigrants to the United States who entered the country as minors to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. To be eligible, immigrants must have entered the United States before their 16th birthday and before June 2007, be currently in school, a high school graduate or be honorably discharged from the military, be under age 31 as of June 15, 2015, and have not been convicted of a felony, significant misdemeanor or otherwise pose a threat to national security. Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) 2014:Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks. Expansion of DACA 2014: Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.  DAPA and DACA expansion: The program was blocked in February 2015 by a Brownsville-based federal judge, Andrew Hanen, days before it was scheduled to begin. The U.S. 5th Circuit Court of Appeals upheld that injunction in November. In a one-sentence opinion on the 4-4 split, the Supreme Court declared the 5th Circuit's "judgment is affirmed by an equally divided Court."

7. Immigration Under President Elect Donald Trump

8. Immigration Policies Contemplated by President-elect Trump If there is one thing we can count on is that at least some or perhaps many of these proposals are going to become reality: • Ensure that other countries take their people back when we order them deported. • Ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports. • Turn off the jobs and benefits magnet. Many immigrants come to the U.S. illegally in search of jobs, even though federal law prohibits the employment of illegal immigrants. • Reform legal immigration to serve the best interests of America and its workers. • Begin working on an impenetrable physical wall on the southern border, on day one. • End catch-and-release. Under a Trump administration, anyone who illegally crosses the border will be detained until they are removed out of our country. • Move criminal aliens out day one, in joint operations with local, state, and federal law enforcement. • Endsanctuarycities. • Immediately terminate President Obama’s two illegal executive amnesties. • Suspend the issuance of visas to any place where adequate screening cannot occur, until proven and effective mechanism can be put into place.

9. President-Elect Donald Trump Opinions About Immigration April 2015: At an event hosted by Texas Patriots PAC: “Everything’s coming across the border: the illegals, the cars, the whole thing. It’s like a big mess. Blah. It’s like vomit.” June 2015: At a speech announcing his campaign: "When Mexico sends its people, they’re not sending their best. They’re not sending you. They’re not sending you. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. August 2015: On NBC's "Meet the Press": “We’re going to keep the families together, we have to keep the families together, but they have to go.“ September 2015: On CBS's "60 Minutes": “We’re rounding ‘em up in a very humane way, in a very nice way. And they’re going to be happy because they want to be legalized. And, by the way, I know it doesn’t sound nice. But not everything is nice.” November 2015: On MSNBC's "Morning Joe": “You are going to have a deportation force, and you are going to do it humanely." February 2016: At a GOP primary debate: “We have at least 11 million people in this country that came in illegally. They will go out. They will come back ― some will come back, the best, through a process.” March 2016:At a press conference when asked if he would consider allowing undocumented immigrants to stay: "We either have a country or we don’t. We either have a country or we don’t. We have borders or we don’t have borders. And at this moment, the answer is absolutely not.”

10. President-Elect Donald Trump Opinions About Immigration April 2016: At an event hosted by NBC's "Today Show": “They’re going to go, and we’re going to create a path where we can get them into this country legally, OK? But it has to be done legally. ... They’re going to go, and then come back and come back legally.” July 2016: At the Republican National Convention: "Tonight, I want every American whose demands for immigration security have been denied ― and every politician who has denied them ― to listen very closely to the words I am about to say. On January 21st of 2017, the day after I take the oath of office, Americans will finally wake up in a country where the laws of the United States are enforced.“ September 2016: At a rally: “Anyone who has entered the United States illegally is subject to deportation. That is what it means to have laws and to have a country. Otherwise we don’t have a country.” September 2016:On "The Dr. Oz Show": “Well, under my plan the undocumented, or, as you would say, illegal immigrant wouldn’t be in the country. They only come in the country legally.” November 2016: Time Magazine: “I want Dreamers for our children also,” Trump told Time. “We’re going to work something out. On a humanitarian basis it’s a very tough situation. We’re going to work something out that’s going to make people happy and proud. But that’s a very tough situation.” “They got brought here at a very young age, they’ve worked here, they’ve gone to school here,” he added. “Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen.”

11. DACA What Now?

12. How to Proceed • I do not have DACA. Should I apply for it? • If you do not currently have DACA, we recommend that you not file at this time. No one is certain at this time about what will happen with DACA. Given the legitimate fears about what will happen to immigrants under a new administration, we recommend not submitting a first-time application for DACA until we see what happens next year. • Even for those who may still be considering applying for DACA for the first time, it is unlikely that your application will be processed before January 20, 2017 (when the new administration takes over), since it can take over three months to process a DACA application. By then, the DACA program may have been terminated. There is no guarantee that you will have your application or the filing fee (which is currently $465 and will go up to $495 starting on December 23, 2016) returned to you. • We don’t know what will happen next year, but you can, in the meantime, still gather supporting documents and prepare your application, in case the DACA program is not terminated

13. How to Proceed • I already have DACA. Should I apply to renew my DACA? • If you already have DACA, there is less risk in submitting a renewal application, since immigration authorities already have the information on your original application. If you have a criminal arrest, charge or conviction, or have traveled outside the U.S. without permission, there may be additional risks if you apply for renewal. • However, it is possible that if you apply for renewal now, your application may not be approved before the Trump administration begins on January 20, 2017. There is also no guarantee that the $465 ($495 starting December 23, 2016) application fee will be returned to you. • Given the uncertainty over the future of DACA, if you plan to renew, it is best to apply right away, even if your employment authorization is not set to expire until late next year. Currently, U.S. Citizenship and Immigration Services (USCIS) is taking anywhere from 8 weeks to 120 days to process and approve DACA renewal applications.

14. How to Proceed • What will happen to DACA under the new administration? • We will need to wait until next year to see what the next administration will do, but it has strongly indicated that it very much intends to terminate DACA soon after the new administration takes over on January 20, 2017. If the DACA program is terminated, it is not clear how it will treat DACA and work permits that have been issued but have not yet expired. One possibility is that it may decide to revoke all DACA recipients’ DACA and work permits immediately. Another possibility is that it may allow people to keep their DACA and work permits until they expire, but just not allow DACA recipients to renew them. • If the new administration allows the DACA program to end simply by not renewing DACA applications, and if you are able renew your DACA before the new administration stops processing renewal applications, you may have DACA for an additional two years. During that time, you would have authorization to be employed and also protection from deportation.

15. How to Proceed • What will happen to the information on DACA applications? • Currently, USCIS’s policy is that it does not share information about a DACA applicant or the applicant’s family members with U.S. Immigration and Customs Enforcement (ICE) for immigration enforcement purposes unless there are serious criminal, fraud, or national security issues with the case. This policy is based on a 2011 USCIS memo which states that USCIS will refer to ICE only cases that raise fraud or “egregious public safety” concerns (such as that the applicant has a serious criminal conviction). Changing these policies would require that USCIS change its memo and guidance.

16. How to Proceed • If my DACA is terminated, will I be able to work? • Under federal law, your employer is required to reverify your employment authorization document (EAD) no later than the date that your EAD expires. It is likely that your employer will ask you for proof that your employment authorization has been renewed and will ask you to complete section 3 of the I-9 form to show that you presented an EAD with a new expiration date. • If, on the date your EAD expires, you cannot present proof that you have employment authorization, your employer may decide they can no longer employ you. If your EAD has expired, you are not obligated to tell your employer that this has happened, but you will be at risk of being fired when your employer realizes that your EAD has expired.

17. The Bridge Act “Bar Removal of Immigrants Who Dream and Grow the Economy”

18. Proposed by Sens. Dick Durban (D-Ill.), Lindsey Graham (R-S.C.), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), and Chuck Schumer (D-NY) Aim to protect young undocumented immigrants from deportation under President-elect Donald Trump. It would effectively maintain the protections of President Barack Obama’s Deferred Action for Childhood Arrivals program. The new bill would put DACA recipients into a new type of status, “provisional protected presence.” The bill would ensure that information individuals gave the government for DACA or for the new provisional protected status presence could not be used for immigration enforcement, with exception of natural security or non-immigration felony investigations. The bill will be reintroduced in 2017. If enacted, the Bridge Act would only last three years. Broader immigration reform is needed.

19. S. 3546: Securing Active and Fair Enforcement Act On 12/9/16, Senator Jeff Flake (R-AZ) introduced the Securing Active and Fair Enforcement Act, or SAFE Act, (S. 3546), which pairs the language of the BRIDGE Act (S. 3542) with harsh mandatory detention and rapid 90-day removal requirements for certain people. While purporting to focus on those who are unlawfully present with serious criminal backgrounds, the SAFE Act mandates detention even for people accused of minor crimes and those completely exonerated of crimes.

21. Sanctuary Cities

22. Faith communities started what became known as the “Sanctuary Movement” in the early 1980s. It was a symbolic extension of the medieval practice of churches providing shelter to all, regardless of their crimes. But for a handful of faith leaders in the southwestern U.S., the immigrants that they provided sanctuary to weren’t outlaws. They were refugees.

23. The definition can vary widely. Generally, though, the label refers to localities that help shield undocumented residents from deportation by refusing to fully cooperate with detention requests from federal immigration authorities. Most take a “don’t ask, don’t tell” approach with their residents. Local policies range from nonbinding resolutions and police department orders (like in Los Angeles) to enforceable municipal ordinances (like in San Francisco).

25. Initiatives to Protect Immigrants • Chicago • A $1 million legal defense fund for immigrants was recently created. • Mayor Rahm Emanuel also promised to keep Chicago a “sanctuary city” and restrict its collaboration with federal enforcement authorities, even if the city loses federal funding as a result. • New York City • Mayor Bill DeBlasio has voiced strong support for immigrants and the city’s protective policies. • He vowed that the federal government would not be able to use information from municipal ID cards to target immigrants for deportation. Approximately 900,000 New York City residents have these ID cards and had submitted documents proving identity and city residency in order to receive them.

26. Initiatives to Protect Immigrants • California • Lawmakers are considering a series of bills to protect unauthorized immigrants from deportation. One bill would create a fund to pay for legal counsel for immigrants facing deportation. Another would train criminal defense attorneys in immigration law so they could better protect their clients. The California Values Act (SB 54) would ban state and local police from performing the functions of a federal immigration officer and would create “safe zones” at public schools, hospitals, and courthouses. • Also the Dignity Not Detention Act was re-introduced. It would prohibit local cities and counties from entering into new contracts with private, for-profit detention facilities and would require detention facilities to comply with standards of humane treatment. • Detroit • The city council approved municipal ID cards, which will allow all city residents to have identification documents regardless of immigration status. According to City Council Member Raquel Castaneda Lopez, “We do not stand down to our commitment to being a sanctuary city. We don’t stand down to our commitment to being a welcoming city. We do not stand down to our commitment to welcoming refugees.” • Churches and universities around the nation have also vowed to push back against any federal policies that endanger immigrants.

27. Push for Greater Restrictions on Immigrant and Immigration • Florida • State Senator Greg Steube filed a bill (SB 82) to repeal in-state tuition for undocumented students who graduated from Florida high schools. The current law providing for in-state tuition went into effect in July 2014. According to Sen. Steube, who was just named chairman of the Senate Judiciary Committee, “I don’t think it’s appropriate that illegal immigrants should get tax-subsidized tuition.” http://www.flsenate.gov/Senators/s23 • Arkansas • SB14 would prohibit sanctuary policies and deny state funds to municipalities that do not comply. The bill defines a sanctuary policy as one that limits reporting of immigration status to federal authorities, restricts custody transfers to ICE, requires ICE to obtain a warrant before making a custody transfer, prevents law enforcement officers from asking about immigration status, or grants unauthorized immigrants “the right to lawful presence or status within the municipality in violation of federal law.” • Texas • Governor Greg Abbott is targeting sactuary city policies on immigration • The legislature meets every other year, we can expect debate on a number of immigration-related issues in 2017 including making any crime committed by an unauthorized immigrant a felony and a bill to amend the state’s constitution to deny bail to anyone in the country unlawfully.

28. Important U.S. Supreme Court to Follow

29. Jennings v. Rodriguez http://www.scotusblog.com/case-files/cases/jennings-v-rodriguez/ Issue Whether it violates the Constitution and the immigration laws to subject immigrants in deportation proceedings to long-term detention without individualized bond hearings. This case challenges the government’s practice of detaining immigrants facing deportation proceedings for months or years without due process, including many long-term green-card holders and asylum seekers.

32. Time for Action Fight for Immigration Reform https://app.fwd.us/legislators United States House of Representatives http://ziplook.house.gov/htbin/findrep?ZIP5 Find your Senator http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=FL

33. Thank you!

34. Sources Slide 5: http://www.huffingtonpost.com/entry/why-undocumented-immigrants-are-sharing-their-accomplishments-after-trumps-win_us_582a1b24e4b02d21bbca10e2?slideshow=true#gallery/57e97a73e4b0e28b2b55888d/10 Slides 7 - : https://www.informedimmigrant.com/faq/