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Analysis of Obama’s Executive Immigration Action

THIS IS BASED ON AVAILABLE INFORMATION AT THE TIME OF THE UPDATE. PLEASE NOTE THESE MAY CHANGE IN THE FUTURE. CHECK BACK FOR UPDATES DAILY.

The President’s Immigration Actions 2014

1. Enforcement Priorities.

a. Effective Date 11/20/2014
b. Via Memoranda

i.       http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf

ii.     http://www.dhs.gov/sites/default/files/publications/14_1120_memo_secure_communities.pdf

c. Existing Enforcement Priority/Prosecutorial Discretion Memos, including the Morton Memos of 2011, will be replaced by a new memo that will name three enforcement priorities

i. Suspected terrorists
ii. Convicted felons (including aggravated felonies),
iii. Convicted gang members
iv. Migrants apprehended on the border
v. Migrants convicted of serious misdemeanors
vi. Migrants convicted of multiple misdemeanors
vii. Recent border crossers who entered after 1/1/14
viii. Those who, after 1/1/14, failed to leave under a removal/deportation order
ix. Those who, after January 1, 2014, returned to the US illegally after being removed/deported

d. The memo will contain “strong language” on using prosecutorial discretion appropriately.
e. While most other memos on the subject will be rescinded, the following will remain as they are:

i. victims of crime memo
ii. USCIS memo on issuance of NTAs

2. Border Security: The Secretary of DHS will announce a South Border “command and control” campaign to coordinate and better use resources at the border.

a. Effective Date TBD
b. Via Announcement

3. Secure Communities 287(g) to be Replaced by Priority Enforcement Program (PEP)

a. Effective Date TBD
b. Via TBD
c. Unclear if they will stop fingerprinting people and unplug the technology and Interoperability of the federal and local databases.

4. Detainers

a. Effective Date TBD
b. Via TBD
c. will be discontinued for all except
d. national security cases.
e. Instead of detainers, there will be a request for notification when a law enforcement entity is about to release a convicted criminal.

5. No change to family detention

6. No changes to Operation Streamline which targets immigration entry and reentry for federal prosecution.

Two deferred action initiatives that combined are estimated to benefit 4.4 million:

7. Deferred Action for Parents (DAPA) for Parents of US Citizens and Lawful Permanent Residents/Green Card Holders will be eligible to apply for deferred action for 3 years

a. Effective Date 2/20/2015.
b. By USCIS website
c. Parents of U.S. citizens and lawful permanent residents

i. of any age
ii. who have been continuously present in the US since 1/1/10,
iii. who pass background checks
iv. who have paid all their taxes

8. No Relief for Parents of Current DACA recipients/Dreamers

9. Expansion of DACA for Dreamers. Qualified Childhood Arrivals will be eligible to apply for deferred action for 3 years (including pending renewals of DACA)

a. Effective Date 2/20/2015.
b. By USCIS website
c. Elimination of the age cap
d. Must prove you have been continuously present in the US since 1/1/2010

10. Pending Proceedings: There will be a review of cases currently under proceedings to see who is prima facie eligible for the relief stated in this program, and those cases will be closed.

a. Effective Date Unknown
b. Via Unknown

11. Immigration Court Reforms. There will be a package of immigration court reforms that will include qualification of accredited representatives and ineffective assistance of counsel issues.

a. Effective Date Unknown
b. Via Unknown

12. U/T Visas.

a. Effective Immediately
b. Via http://www.dol.gov/dol/fact-sheet/immigration/u-t-visa.htm

13. Worksite Enforcement. DOL will coordinate with other agencies regarding worksite enforcement activities. Cross Reference #12 above.

a. Effective Date Unknown
b. Via http://www.dol.gov/dol/fact-sheet/immigration/u-t-visa.htm and TBD

14. Foreign Entrepreneurs. Certain investors will be able to be paroled into the U.S., or be granted parole in place if already in the United States, for job creation (no further details at this time).

a. Effective Date 30 Days After Publication in CFR
b. Via Regulation (***This appears to be an Executive Order)

15. Entrepreneurs, researchers, inventors, and founders will be eligible for national interest waivers.

a. Effective Date TBD
b. Via Policy Guidance

16. Timing of Filing for Adjustment of Status. The ability of individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment. This is expected to impact about 410,000 people.

a. Effective Date 30 Days After Publication in CFR
b. Via Regulation (***This appears to be an Executive Order)

17. AC21. “Same or similar” will be clarified.

a. Effective Date Unknown
b. Via Unknown

18. L-1B. Guidance will be released.

a. Effective Date Unknown
b. Via Policy Guidance

19. H-4 EADs. The regulation will be finalized

a. Effective Date Estimated to be 12/14 or 1/15
b. Via Regulation (***Unknown if Executive Order as rulemaking is already in process)

20. OPT. The length of time in OPT for STEM graduates will be expanded and the relationship between the student and the school will be strengthened for this period. Other changes, such as allowing STEM OPT post-master’s degree where only the first degree is in a STEM field is under consideration

a. Effective Date 30 Days After Publication in CFR
b. Via Regulation (***This appears to be an Executive Order)

21. PERM. A full rulemaking will be undertaken to modernize the PERM program.

a. Effective Date 30 Days After Publication in CFR
b. Via Regulation (***This appears to be an Executive Order)

22. I-601a Waivers. The provisional waiver will be expanded to include spouses and children of LPRs. The definition of extreme hardship will be expanded and clarified.

a. Effective Date Unknown
b. By USCIS website

23. Advance Parole. There will be a new advance parole memo that will address the issues raised in Matter of Arrabally-Yerrabelly and make clear that CBP should honor the advance paroles issued by USCIS.

a. Effective Date Unknown
b. By Unknown (***Whether or not by rulemaking, since the consequence, at least some of the time will be a path to legalization and citizenship, both of which are not contemplated in existing laws and not within the scope of prosecutorial discretion, we expect this will be challenged as outside the scope of Executive Authority, Prosecutorial Discretion and/or Illegal Executive Order)

24. Parole in Place. PIP will be expanded to include families of individuals trying to enlist in the armed forces.

a. Effective Date Unknown
b. Via Unknown

25. Visa Modernization. There will be a Presidential Memorandum directing the agencies to look at modernizing the visa system, with a view to making optimal use of the numbers of visa available under law. Issues such as whether derivatives should be counted and whether past unused visa numbers can be recaptured will be included in this effort.

a. Effective Date Unknown
b. Via Unknown

26. Integration. A second Presidential Memorandum will set up a Task Force on New Americans.

a. Effective Date Unknown
b. Via Unknown