Friday, November 21, 2014

Resources for Understanding New Executive Actions on Immigration

President Obama made his announcement yesterday expanding Deferred Action for Childhood Arrivals and creating Deferred Action for Parents as well as detailing other initiatives. 

Here are some links to information available online to help you understand the knew programs and how they can help your clients.  Keep in mind defense attorneys' duty to advise immigrant clients of the immigration consequences of their pleas and convictions. 

USCIS Website on the Actions Announced 11/20/14 (pretty reader-friendly): http://www.uscis.gov/immigrationaction#2

USCIS Website for DACA (pre-changes, includes criminal history that renders someone ineligible): http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

DHS Website on Executive Action (collects the memos related to the 11/20 announcement): http://www.dhs.gov/immigration-action?utm_source=hp_feature&utm_medium=web&utm_campaign=dhs_hp

DHS Memo on Prosecutorial Discretion (DACA & DAP) (describes the changes to DACA and the eligibility requirements for DAP): http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf

DHS Memo on the New Removal Priorities (details what would make someone ineligible for DAP): http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf

DHS Memo on Discontinuing Secure Communities: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_secure_communities.pdf

White House on Fixing the Immigration System: http://www.whitehouse.gov/issues/immigration/immigration-action

Applications for the expanded DACA should be accepted within 90 days.  Applications for the new DAP should be accepted within 180 days.  Typically, the USCIS website is a great resource for the most up-to-date information regarding programs such as these - the eligibility requirements and application procedure.

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Monday, November 17, 2014

Is the Supreme Court Too Smart for Our Own Good?

Interesting article in the New Republic by Dahlia Lithwick explaining that she believes the rightward shift of the high court is based in more than just ideology:

"But having covered the Court for 15 years, I’ve come to believe that what we’re seeing goes beyond ideology. Because ideology alone would not propel the justices to effect such massive shifts upon the constitutional landscape, inventing rights for corporations while gutting protections for women, minorities, and workers. No, the real problem, I think, is that the Court as a whole has gotten too smart for our own good."

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