2015 Old Blog

Today, August 15, 2013 marks the one year anniversary of the day USCIS officially began accepting applications for its Deferred Action (DACA) program. What have we learned since then about this unprecedented executive order issued to protect young undocumented immigrants?

When the program launched last August, no one was certain of the risks of applying to this new and untested program. Many applicants were extremely fearful of possible deportations or consequences for family members. Others weren't satisfied with the program because it wasn't as comprehensive as the failed DREAM Act.

What We Now Know About Deferred Action

Ask any DACA-mented DREAMer, immigration-focused nonprofit, or immigration attorney and they will agree that Deferred Action was an incredible and occasionally frustrating learning experience. What we all now know:

• We learned that lack of access to educational programs like the GED made hundreds of thousands of DREAMers ineligible for the program.
• We learned that some parts of the application requirements can be tricky to prove, but that applicants could get creative with their evidence.
• We learned that the more complex Deferred Action cases with criminal background or continuous residency issues required the assistance of a reliable attorney.
• We learned that USCIS's estimated application process times were no guarantee, and some applicants spend up to six months or more in Deferred Action processing limbo.
• We learned that applicants need to be aware of notario fraud and immigration scams that take their money and leave them with heartbreak and increased risk of deportation.

Where Are the DACA-mented DREAMers Today?

Since last summer, we have listened to and read about the success stories of DREAMers who applied to Deferred Action. Despite many DREAMers' limited finances, lack of access to information, and personal doubts and fears, hundreds of thousands of undocumented youth have applied to Deferred Action and are now pursuing their dreams. DREAMers are attending college (with access to in-state tuition rates in some states), using their work permit and Social Security number to make money and reach professional goals, and much more.

However, recently released Deferred Action application statistics (and today's monthly DACA report from USCIS) have shown that the program hasn't served young undocumented immigrants as effectively as originally hoped. Here's a brief summary of the year in DACA:

• Only about half (573,000) of the estimated 1.1 million currently eligible for DACA have applied, making the national application rate roughly 50%.
• 75% of the DACA applications received have been approved, about 1% were rejected, and the rest are pending.
• 75% of applicants have been in the U.S. for at least 10 years, with more applicants entering in 2000 than any other year.
• 33% of applicants were five or younger when they arrived in the U.S.
• 39% (423,000) of the 1.1 million potentially eligible for DACA are currently disqualified for not meeting the education requirement.
• 392,000 more young immigrants will become eligible for DACA once they reach the age requirement of 15 and stay enrolled in an educational program.
• Mexican and Central American immigrants make up 65% of the DACA-eligible population but accounted for 85% of DACA applicants.
• Immigrants from Asian countries such as the Philippines and China have some of the lowest application rates despite having substantial undocumented populations.
• 60% of those eligible speak both English and a second language "very well.
• 33% of the DACA-eligible live in households at or below the federal poverty level ($22,000/year for a family of 4.) Most of those who are technically above the poverty level still face extreme financial hardship.

If you have questions about Deferred Action , feel free to contact us or get connected on Facebook and Twitter.

 

Today, August 12, 2013 marks International Youth Day, established in 1999 by the United Nations as a way to unite and draw attention to issues affecting young people all over the world. This year's International Youth Day theme has a special connection to the immigrant community: "Youth Migration: Moving Development Forward.

UNICEF reports there are at least 35 million migrant youth aged 10-24 of the 210 million or more people throughout the world who have lived for a year or more outside their country of origin.

United Nations Secretary General Ban Ki-Moon explained the 2013 International Youth Day theme in more detail:

"The reasons young people migrate are many. Some are fleeing persecution, others are escaping economic hardship. Some are alone, others part of a family “ with parents, siblings and even children of their own. Some have communities to go to, others must make new connections. In transit and at their final destinations, many young migrants face equal or greater struggles, including racism, xenophobia, discrimination and human rights violations... It is important to emphasize the positive contribution young migrants make to societies of origin, transit and destination “ economically and by enriching the social and cultural fabric. Most work hard to earn a living and improve their circumstances.

On behalf of the United States, Secretary of State John Kerry released the following statement on International Youth Day today:

"As a nation founded by immigrants, and as a country with a long tradition of welcoming the "huddled masses yearning to breathe free" the United States takes great pride in our commitment to the rights of migrants to realize educational and professional opportunities in their new homes.

The Importance of Young Immigrants in 2013 and Beyond

This year's theme of migrant youth is especially significant as 2013 has turned out to be a monumental year for immigrant youth activists in the United States. The DREAMer movement has been essential in promoting awareness for comprehensive immigration reform and drawing attention to the 11 million undocumented U.S. immigrants living in the shadows. The DREAMer movement is noteworthy for the fact that it began with promoting the rights of young migrants by young migrants, and now these DREAMers have become advocates for unauthorized and/or disadvantaged immigrants of all ages.

In a time when youth migration is higher than ever and the number of unaccompanied minors crossing the U.S. border out of desperation and fear has tripled, it is important to remember the risks and challenges unique to young immigrants and to work towards real solutions to their problems. International Youth Day not only hopes to raise awareness of the issues facing migrant youth, but to celebrate their distinctive contributions and limitless potential in whatever country they choose to call their home.

If you're interested in learning more about immigration, join the conversation with us on Facebook and Twitter.

Last Wednesday, the Supreme Court of the United States issued an historic ruling for gay rights, gay Americans, and gay immigrants. Section 3 of the 1996 Defense of Marriage Act, or DOMA, was ruled unconstitutional on the grounds that "By seeking to displace this protection and treating those [gay] persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

The big win for all gay couples in this ruling is access to U.S. federal benefits. This includes being able to file joint tax returns, access to veteran spouse benefits, access to federal family and medical leave, and, especially important for binational couples: U.S green cards and immigration benefits for same-sex spouses.

What does the DOMA ruling mean for U.S. Immigration and Gay Immigrants?

1) Green Cards for Gay Immigrants Married to U.S. Citizens

After the ruling last week, there were many questions on how USCIS would proceed with processing green card cases for same-sex spouses. Luckily, the government has acted quickly: gay couples have already been approved for their green cards just days after the ruling by applying the exact same way a straight couple would. These couples had all applied for green cards for their spouses prior to the ruling. For many gay immigrants and their spouses, applying for their green card was both a political statement and also an act of hope and desperation to keep their loved ones in the United States.

The Secretary of the Department of Homeland Security's official statement on DOMA and Green Cards is as follows: "Effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. This tells us that moving forward, gay couples should be able to file for green cards the exact same way as straight couples do.

With this official statement, all bi-national gay couples seeking a green card should know that they should not be denied their application if they were legally married in a state or country that allows gay marriage. There may be lawyers or immigration specialists who will claim to tell you they cannot process any same-sex spouse green card application, but this is out of ignorance or bigotry. The U.S. Supreme Court, USCIS, and DHS have all gone on record saying gay couples now have access to spouse and family-based visas, so there should be no dispute.

2) Halting Deportations of Same-Sex Spouses (in certain cases)

Just minutes after the DOMA ruling, a man who was legally married to a male U.S. citizen had his deportation charges dismissed. Although he was unauthorized to live in the U.S., he had already applied for a green card at the time of his marriage.

3) U.S. Businesses Become More Competitive for Hiring and Retaining Gay Immigrant Employees

Previously, a high-skilled or temporary visa worker might have reservations coming to work in the U.S. if they had a same-sex partner in their country of origin. Under the old law, there was no way for an immigrant worker to petition their spouse to come stay with them in the U.S. American businesses have gone on record saying that they don't want to lose valuable gay and lesbian employees because of a discriminatory and complicated U.S. immigration system. Now their employees will have access to the greater immigration benefits afforded to all other U.S. married couples.

There is no doubt in anyone's mind that there will be far more questions about green cards and other immigration issues for gay couples as time goes on. DOMA doesn't solve everything for gay Americans and it certainly doesn't fix all that's currently broken in the U.S. immigration system. However, the progress made for gay immigrants in the past week has been inspiring and hopefully foreshadows major changes in attitude over the rights of immigrants and the rights of the LGBT community.

For further updates on DOMA and its effect on USCIS policies, as well as the impact on comprehensive immigration reform, follow our blog or get connected on Facebook and Twitter. If you have questions, don't hesitate to contact us.

 

 

Debate in the Senate Begins on Comprehensive Immigration Reform Bill

On Friday June 7, Majority Leader Harry Reid (Democrat) made the required motion for the Senate to proceed with debate on the Comprehensive Immigration Reform bill ("S.744). After Majority Leader Reid spoke, those Senators who are opposed to the bill began their critiques.

Anyone following the news in U.S. immigration knows that having the right vocabulary when discussing immigrants is crucial. The world "illegal has been used for years to describe a person who is residing in the United States without proper authorization from the government. As the debate on immigration has evolved, the term "illegal immigrant is becoming much rarer, as many have deemed it not only incorrect (a human being cannot be "illegal" only their actions can be) but also offensive and dehumanizing. Pro-immigrant organizations have begged media outlets and public figures to

Tech companies across the U.S. have been engaged in a virtual march on Washington for the last two days. The March for Innovation is a concerted effort to raise awareness about the need for immigration reform within the tech industry (and others), as well as a cohesive opportunity for the industry's leaders, workers, and supporters to make their voices heard. People are encouraged to call, email, and tweet to their Senators to encourage them to support immigration reform when it moves to the full Senate for a vote.

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