Mooers Musings
TPS Announced for Guinea, Sierra Leone and Liberia
Don Mooers shares information about Temporary Protected Status for West Africans in his latest video blog.
President Obama’s Immigration Plan
Here is Mooers Immigration’s initial synopsis of the 4 (four) major immigration programs announced by President Obama on Thursday, November 20. Additional details about each of these programs are expected in the coming days.
I discussed all of this live on Channel 9 earlier today. A number of firms and organizations have contacted my office to schedule meetings with their members or employees – please contact me if you would like me to speak to your organization.
[NOTE: In addition to the list below, there will be additional employment-related items that will be announced shortly related to L-1B visas; definition of "same or similar" for pending immigrants changing employers; new PERM regulations related to recruiting US workers; a new type of “visa” for foreign entrepreneurs; and opportunities for entrepreneurs to obtain Green Cards under the “National Interest Waiver” program.]
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1. DAP: Deferred Action for Parents
- Arrived PRIOR TO January 1, 2010 (at least five years ago)
- Parent of US Citizen or Legal Resident (born before November 21, 2014)
- No serious criminal record
- Willing to pay taxes
- These parents will be protected from deportation and eligible to work for initial period of 3 years
- Think of this as “protective bubble”
- This is NOT a path to Citizenship
- This is simply the President stating that we should leave these people alone while ICE goes after bad people.
- This also reflects the fact that US Citizens can sponsor their parents once they turn 21 years of age.
- Obama: Why destroy families through deportation when the parents will be legalized eventually anyway under current laws?
TIMING: File applications starting in May/June 2015
2. Expansion of DACA (DREAM Act) for “childhood arrivals”
- Arrived in US no later than January 1, 2010
- Under 16 when arrived
- No upper age limit (was 31)
TIMING: File applications starting in February/March 2015
3. Relief for Legal Applicants currently in Long Lines for Green Cards and Work Visas
- Family members of foreign scientists, teachers, engineers, etc. in long lines (up to 10 years) for Green Cards will be able to work for the first time. Children will be able to remain with families.
- Spouses of foreign scientists, teachers, engineers, etc. in H-1B status will be eligible to work.
- STEM graduates from US universities will be eligible to stay in the US for longer periods of time.
TIMING: Once Regulations and Guidance have been issued [TBD]
4. Temporary Protected Status (TPS) for Guinea, Sierra Leone and Liberia
- Citizens of Guinea, Sierra Leone and Guinea will be able to apply for initial 18-month TPS.
- Will be protected from deportation during this period.
- Will be eligible to work.
TIMING: File applications starting in June 2015
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INDIVIDUALS NOT INCLUDED IN THE PRESIDENT’S ACTION
- Individuals who entered the US after 5 year cut-off period
- Individuals without children born in the US
- Individuals with criminal records
- Individuals not willing to pay US taxes
Unless they had a US Citizen child after arriving in the US, parents of children in the DACA program ARE NOT eligible for help under the Obama program.
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Bottom Line: This is a highly-targeted plan that will help many individuals.
Let us know if you want to discuss in greater detail the impact that the Obama program will have on your clients, company or organization. I have a cadre of native Spanish speakers on my staff who are available to answer questions as well.
Please let us know when we can be of assistance.
Donald Mooers
Founder, Mooers Immigration
Adjunct Professor of Immigration Law, Catholic University
DMooers@Mooers.net
301-652-4488
Will Obama Immigration Plan Succeed?
Immigration attorney Don Mooers provides perspective to CBS-affiliate WUSA9.
Video Blog-October 31, 2013
Don Mooers discusses the Infosys visa fraud settlement and its importance to
companies hiring foreign workers.
Impact of US Government Shutdown on Immigration
A preliminary report on the impact of the US Government shutdown on immigration, visa and related matters:
- Customs and Border Protection: The Department of Homeland Security has announced that the shutdown will not impact international departure and arrival operations at U.S. airports or at CBP’s “Pre-Clearance Facilities” in Canada. There may, however, be delays in processing passengers through immigration and customs, so consider arriving at airports earlier than normal for trips to or from Canada or to CCL destinations [this is true as well for passengers boarding domestic flights since TSA comes under the DHS.
- USCIS: The Department of Homeland Security has announced that the shutdown will not impact the processing of visa petitions or applications at USCIS installations across the US. Filing fees – not Congressional appropriations – pay for USCIS operations. So long as there are sufficient fees, this function should continue.
- US Consulates: The State Department has announced that the shutdown will not impact the processing of visa applications at US Consulates around the world. Filing fees – not Congressional appropriations – pay for Consular visa operations. So long as there are sufficient fees, this function should continue.
- Social Security Administration: While the Government announced that Social Security benefits would not be impacted, this does not apply to applications for Social Security Numbers. During the Shutdown, we have been informed that SSA will no longer accept applications for a Social Security Number.
At this point – 10 hours after the Federal Government shutdown went into effect – it should be business as usual with most of the US Government agencies that deal with immigration. The exception to this is the filing by a new employee for a Social Security Number.
With Battle Lines Drawn, Immigration Debate Enters A New Phase
Last week Speaker of the House John Boehner announced that the House of Representatives would not consider the Senate bipartisan Immigration bill. This has set off wild speculation regarding the future of Immigration Reform.
Instead of comprehensive reform, the House is pursuing a piece-meal approach. Many individual bills is the stated goal of the House leadership.
Those who say that Reform is now dead point to the “over my dead body” comments of ultra-conservatives in the Republican Party who are fiercely fighting any and all efforts to provide a legal path to residency for the 11 million who are out of status. Opponents of reform claim that they want the border to be impossible to cross except through checkpoints. The logical extension of this argument, it seems, is to ultimately authorize the Border Patrol to shoot on sight anyone trying to cross into the US.
Having grown up in Washington and worked on Capitol Hill, I see things a little differently. Republicans cannot escape the fact that changing demographics — namely the growth of the Latino electorate — will favor the party/parties that works to solve the current immigration disaster we face today.
Moreover, Latino voters are naturally aligned from Left to Right, just like the rest of the country. Some are liberal, but many — if not most — are more on the conservative side. Of these, a healthy percentage hold traditional values on the role of family, small business and other issues that line up more squarely in the Republican camp.
Ultimately, I believe that Republicans will choose demographic reality over ideology, which means that Immigration Reform will pass. When exactly this will happen still remains to be seen. And the final details of the reform still have to be negotiated.
For the remainder of the summer, it is likely that both sides will continue to engage in a war of words, accusations and petty politics. During this time the House may likely advance several smaller immigration bills.
After Labor Day we should see more action, and we may even witness some actual compromises on issues such as the DREAM Act, additional visas for business, low-skilled visas, and a few other items.
Democrats and Republicans will search to gain advantage from Immigration Reform. Only when both sides see an advantage from passing a bill can Immigration Reform become reality.
Recent Posts
- Supreme Court blocks Trump from ending DACA June 18, 2020
- Don Mooers Discusses Immigration Order on News Channel 8 February 23, 2015
- TPS Announced for Guinea, Sierra Leone and Liberia November 22, 2014
- President Obama’s Immigration Plan November 21, 2014
- President’s immigration action will impact millions, Emory University expert says November 20, 2014
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Mooers Immigration Today
We invite you to read the latest edition of our newsletter to learn more about the Immigration Reform debate in Congress and other useful information. Let us know what you think!
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