Tag Archives: immigration law

Immigration Programs Expiring

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Four Immigration Programs Expire Next Month

This week, we are going to cover four important immigration programs that have an expiration date of September 30, 2015. Immigration law in the United States is a collection of various programs. The buzzword after the 2012 elections was “comprehensive” immigration reform. The reality is that much of immigration is “piecemeal,” so that it is put together at different times for different reasons.

 

Congress returns from its summer recess on September 8, 2015. When it returns, there are three weeks to ensure that the EB-5 program, CONRAD 30, Religious Workers program, and E-Verify are renewed and continued. Congresspersons have proposed and sponsored bills to renew and even make these programs permanent.

 

We will keep updating the blog with the political machinations, efforts to renew the programs, and any developments throughout September. September 30 is a critical date in immigration for another reasons. The Department of Homeland Security is the federal agency charged with overseeing immigration in the United States. In March of this past year, after weeks of intense scrutiny and jockeying, Congress decided to fund DHS until September 30. DHS funding is sure to be another point of emphasis when Congress returns to session next week.

 

We will summarize each program, describe its purpose, and detail any future updates or changes to the programs.

Motion of Stay for DAPA, DACA

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The United States Department of Justice filed an emergency motion to stay a preliminary injunction against a series of executive orders issued by President Obama in November. Fourteen states plus the District of Colombia filed an amicus curiae to support the Justice Department’s stay. The stay is filed with the US Court of Appeals for the Fifth Circuit.

We have closely been following the developments of Texas v. United States, in which Texas and other states are suing against President Obama’s Expanded DACA and DAPA programs. Expanded DACA would grant deferred action status for three years to individuals who have been here since 2010 without status and are low priority for removal (plus other criteria). DAPA would grant deferred action to parents of US citizens and permanent residents who have been here since 2010 without status and are low priority for removal (plus other criteria).

DACA & DAPA Ruling

In mid-February, a federal judge in Texas ruled in favor of Texas on the grounds that the executive branch did not follow the normal rules of Notice and Comment in issuing the DACA and DAPA programs. Work authorization for certain H-4 dependents will be allowed starting May 26. That was part of the executive order program in November, but it had already undergone the Notice and Comment process.