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DACA Update and Advisory for Employees and Employers

Sunday, September 10th, 2017

Immigration Rally in Washington(From On September 5, 2017, President Trump announced via a statement from Attorney General Jeff Sessions that he is winding down the Deferred Action for Childhood Arrivals (DACA) program. The DACA program, including associated travel and work benefits, will not terminate immediately. The attached advisory will help you determine how your being in the DACA program is affected by this news.

What if Congress Doesn’t Act?

If Congress does not pass a measure protecting DACA recipients in the next 6 months, nearly 300,000 people could begin to lose their status and be at risk for deportation in 2018. And more than 320,000 would lose their status from January to August 2019. President Trump indicated that he would revisit the issue if Congress does not pass DACA legislation. Here is a review of three Bills under consideration that address DACA Legislation.

The ILW Advisory states:  Employers need to be cautious about taking adverse actions against DACA recipients. In general, employers are not permitted to “look behind” a valid work card and while an employee has a valid employment authorization document, an employer cannot terminate them or otherwise discriminate against them based on assumptions regarding the ability to continue working for the employer for the long term. Employers who have been told by their employees already that they are in the DACA program should be able to talk to them about subjects like helping the employee with green card sponsorship, transfers abroad, helping with getting access to an immigration lawyer, etc.

Here is a statement from USCIS  DACA Has Changed!

  • We are no longer accepting initial requests for DACA, but we will adjudicate initial requests for DACA accepted by Sept. 5, 2017.
  • We will no longer approve advance parole requests associated with DACA.
  • We are only adjudicating DACA renewal requests received by Oct. 5, 2017, from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018.

USCIS 09/05/2017 Announcement

How  to inquire about a pending DACA Case


New Administration Indicates Trump is Placing DACA on Backburner for Now

Thursday, January 26th, 2017

Jobs_iStock_000016785771XSmall (2)By:  Allison McDonnell, Content Coordinator

Despite repeated campaign promises to take immediate action upon taking office, the new administration has now indicated that Present Donald Trump will not be immediately dismantling the Deferred Action for Childhood Arrivals (DACA) program instituted by Barack Obama in 2012.

The administration has been tight-lipped about their intentions with DACA since Trump took office a short time ago.  When asked about when Trump will take action on DACA at a recent press briefing, White House Press Secretary Sean Spicer sidestepped the question and placed little emphasis on DACA as an action item.  Spicer went on to state that the President and administration’s main focus and priority is on immigrants with criminal records and will “prioritize the areas of dealing with the immigration system — both building the wall and making sure that we address people who are in this country illegally.”

Similarly, White House Chief of Staff Reince Priebus failed to clearly expound on the President’s intentions for DACA recipients, known as DREAMers.  Although during the presidential campaign Trump vehemently claimed that he would immediately overturn Obama’s executive action on DACA, Priebus indicated that DACA might not be addressed with a quick fix.  While Priebus failed to make any exacting commitments on the topic, he strongly indicated that Trump will not be signing any executive actions on DACA in the week following his inauguration.

Instead, Trump seems to have pledged to work with Congress to assist DREAMers.  Chief of Staff Priebus has suggested that the administration will work with the House and Senate leaders to build a long-term solution.  This seems to match a statement Trump made late last year during a Time Magazine interview that, while he does intend to overturn Obama’s executive action, he will also be looking for a compromise that will not disadvantage young immigrants.

On a similar positive note, a resolution for immigration reform was approved last week by The United States Conference of Mayors.  This resolution calls for the continuation of programs protecting DREAMers and the need to adopt an approach that welcome immigrants, stating “…we stand united as mayors through the United States Conference of Mayors in calling on Congress to fix our broken immigration system and immediately begin working toward the enactment of comprehensive immigration reform legislation.”

The U.S. Department of Homeland Security (DHS) has articulated enforcement priorities that mirror what Spicer and Priebus have stated – that national security threats and criminals will be priority number one for the time being. And, U.S. Citizenship and Immigration Services (USCIS) continues to process DACA applications without change.  For now, over 741,500 DREAMers who benefit from the DACA program will have to continue to wait to see what their future may hold.






Billions of Dollars Will Be Lost if Trump Ends DACA

Thursday, January 19th, 2017

DACABy:  Allison McConnell:  Content Coordinator

President-elect Donald Trump is currently preparing to take office on January 20, 2017.  A prominent campaign promise of Trump’s has been to end President Barack Obama’s executive actions on immigration, which includes the 2012 Deferred Action for Childhood Arrivals (DACA) initiative.  The DACA program allows young immigrants who were brought to the United States as a child and who do not hold legal immigration status to apply for deferred deportation and remain in the U.S.  It also allows these individuals to receive work authorization permits.  The end of DACA will mean billions of dollars lost for the U.S.

The Immigrant Legal Resource Center, an organization that seeks to improve immigration law and policy, expand the capacity of legal service providers, and advance immigrant rights, released a report on December 13, 2016 showing that the cancellation of the DACA program will cause immediate job losses for hundreds of thousands of DACA recipients who are currently employed by businesses in the U.S., which will cause losses to the U.S. in the billions of dollars.  DACA benefits have been granted to 741,546 immigrants.  Of those, 645,145 DACA benefits recipients are currently employed by U.S. businesses.  These employees have substantially helped increase payroll taxes, along with Social Security and Medicare contributions.

Ending the DACA program will cause a reduction in Medicare and Social Security tax contributions totaling $24.6 billion by DACA employers and employees over the next ten years.  Specifically, Social Security contributions will reduce by $19.9 billion and Medicare contributions will decrease by $4.6 billion.  In addition, the ending of DACA will cause U.S. employers to sustain needless employee turnover costs in the amount of $3.4 billion.

In total, billions of dollars of revenues will be left on the table, creating a threat to the health of the American economy.  This is in addition to the loss of professional and educational backgrounds and experience that these young immigrants contribute to the community and the industries in which they are employed.  Numerous immigrants who receive DACA benefits have taken advantage of the opportunity, obtaining their driver’s license and first job, contributing additional local, state, and federal taxes, continuing their education, and assisting their family members and communities.

Make your voices heard and contact your local representatives and senators and tell them to leave DACA alone and reference the above information.

Voice of Latino Voters on Univision – Jorge Ramos

Monday, January 26th, 2015

America’s Voice reports; we quote…

The New York Times  has released a profile of journalist Jorge Ramos that underscores the political dangers Republicans have created by embracing anti-immigrant policies.  Ramos explains the reasons why immigration is such a salient issue for him and many other Latino voters.  As he tells Jackie Calmes of the Times:

“immigration is personal.  Immigration is the issue that tells us who is with us and who is against us; there’s no question about it.  And it’s very simple to understand why — half of all Latinos over 18 years of age were born outside the United States.  It really makes no sense to attack them and criticize them if you want their vote.”

As former George W. Bush campaign advisor Matthew Dowd states:

Remember what L.B.J. said, ‘When you lose Walter Cronkite, you’ve lost the war’?  [Ramos is] not only a journalist, he’s become the voice of the Latino constituency.  And that’s where Republicans have to worry — you don’t want to lose Jorge Ramos.


Obama, High-Skilled Visa Immigration and Silicon Valley

Sunday, January 25th, 2015

The U.S. technology industry might finally get the immigration reform that it wants. Bipartisan Senate groups introduced two tech-focused bills this month.  The Immigration Innovation Act – which increases the cap on H-1B Visas from 65,000 to 115,000, eliminates per-country limits on visa petitioners and lets spouses of H-1B visa holders work – came out of conversations with corporate tech leaders.

The Startup Act, which already has been introduced on three earlier occasions, creates a new visa category for foreign entrepreneurs.

Jobs_iStock_000016785771XSmall (2)For more:


The Facts: Fixing a Broken Immigration System Through Executive Action

Friday, November 21st, 2014

Breaking News_iStock_000029532972Large (2)






We applaud President Obama’s announcement of  broad executive action to offer temporary relief from deportation to millions of undocumented immigrants, stating that the separation of families or the oppression of low-wage immigrant workers is “not who we are as Americans.”

Concurrent with the televised nationwide presidential address last night, the Department of Homeland Security (DHS) Secretary issued a series of memoranda outlining the various facets of the programs and policies which would constitute, in total, “executive action” relating to immigration matters such as:  Revising Removal Priorities, ending Secure Communities and replacing it with a New Priority Enforcement Program, expanding DACA, extending DACA to Parents of US citizens and Permanent Residents, revising parole rules, expanding Provisional Waivers to spouses and children, modernizing high-skilled business-related immigration, and more.  We link to this information above.

Additional specific information on the initiatives contained in the Executive Action taken by President Obama can be found here




Lawmakers Across Both Parties Blast Obama for Delaying Immigration Reform

Monday, September 15th, 2014

“The decision to simply delay this deeply controversial and possibly unconstitutional unilateral action until after the election — instead of abandoning the idea altogether — smacks of raw politics,” House Speaker John Boehner (R-Ohio) said in a statement which is a total surprise considering the House’s refusal to do anything on immigration reform; is he being sarcastic or untruthful?!   Even members from within Obama’s own party scoffed at the decision.  Despite this,  the White House just last week assured anxious Hispanic lawmakers on Capitol Hill that President Obama will use executive action before the holiday season closes to reform U.S. immigration law, after breaking his pledge to make changes by the end of summer.  The message was delivered in a meeting Thursday with White House Chief of Staff Denis McDonough and other administration officials, including domestic policy adviser Cecilia Munoz, a key player for Obama on the issue, according to Politico.

Illinois Democratic Rep. Luis Gutierrez said Obama’s decision to “play it safe” could end up harming his good standing among many Latino voters in the midterms.  He further stated, “While we wait until November … there’s going to be another 60,000 people deported,” he said. “There is pain and suffering in the community, and there is a lot of anguish and anger.”

Other resources:


  1. Latin Post
  2. Los Angeles Times
  3. 7 Big Items Congress Won’t Get to this Fall 

GOP Speaker Boehner Says They’re Ready to Write Principles for Immigration Overhaul

Thursday, January 9th, 2014

The Los Angeles Times reported that Boehner’s leadership team was drafting “principles” for overhauling immigration laws that will be presented in coming weeks. His remarks were made Wednesday (Jan. 8, 2013) during the first private meeting of House Republicans in the new  year.         

“We are working on a standards or principles document,” Boehner said, according to a person in the room granted anonymity to discuss the private session. The document is being drafted by Boehner, his leadership team, including House Majority Leader Rep. Eric Cantor (R-Va.) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.), as well as other members interested in the issue.

House Republican leaders believe that the GOP needs to support an immigration overhaul to woo Latino voters in advance of the 2016 presidential election – if that’s even possible with the rampant obstructionism that has plagued the House.  In any event, we all sit waiting to hear about this step-by-step approach that he’s been talking about for months.

The small team of GOP members and staff has been working to draft a statement of basic principles on immigration policy for several weeks. The effort is being coordinated by Rebecca Tallent, former immigration advisor to Arizona Sen. John McCain and a veteran of the previous effort to pass immigration reform during the second term of President George W. Bush. Boehner hired Tallent in December.

It was reported that the goal is to present the document — which could serve as an outline for future legislative action — before the House GOP retreat at a resort on the Eastern Shore of Maryland on Jan. 29th.

It is likely that Boehner will wait until the filings for Republican primaries are past before things really get moving in order to protect Republican incumbents from having to vote on immigration bills that could be used against them by far right candidates.

We will continue to keep you posted.

For more reading:  LA TimesWashington Post




Immigration Reform – Will it Cross the Finish Line in 2014?

Wednesday, December 18th, 2013 in October of this year, President Obama stated “Immigration reform may not pass, but that’s no reason to give up the fight.”

The pro-immigration reform movement has united in a strong front and is the most broad and diverse that we’ve ever observed. The strategic and impassioned outcry from immigration activists are being heard in the hallways of Congress, in state offices across the country, groups fasting for immigration reform, holding prayer vigils, outbursts taking place in the middle of President Obama’s speeches, protestors chaining themselves to gates of federal buildings, and more –  a full court press on the GOP. “The immigration reform movement has emerged as a relentless force that is prepared to hold all parties accountable in 2014,” states Julia Preston in her NY Times article

The Background

In June 2013, the Senate passed their version of Comprehensive Immigration that doesn’t please everyone, but its passage was a victory for those who have been working on the issue for years and watched immigration reform fail many times over. It addresses undocumented immigrants, legal immigration, border security, employer hiring and an entry-exit system so the government knows if foreign nationals leave the country when their visa expires. The path to citizenship is long — 13 years or more — and arduous, but advocates are pleased that it would exist at all, given opposition from many Republicans and the failure of bills to carve out such a path in the past. Dreamers, young undocumented immigrants who came to the U.S. as children, would be able to earn green cards in five years, as would some agricultural workers. The bill adds huge increases in border security that catered to unsure Democrats and Republicans.

Although 3 out of 4 Americans want Congress to pass immigration reform with a path to citizenship, Speaker John Boehner and the House Republican Leadership are using stalling tactics and excuses to block reform from getting a vote on the House floor. There’s been no progress – total gridlock in the House of Representatives, while we’re told repeatedly that they are approaching CIR in a piecemeal manner and that all the individual bills will eventually be rolled into one comprehensive bill.  The president recently commented, If they want to chop that thing up into five pieces, as long as all five pieces get done, I don’t care what it looks like.”  We ask, when will his happen?  Sadly, not this year. 

The question is will the Tea Party continue to set the agenda for the House GOP?   Mounting frustration with the Tea Party may lead mainstream Republicans to move forward on immigration reform without them.  In order for the GOP to win Hispanic and Asian voters, it is mandatory that they address the broken immigration system. There has been little to no (and at times incredibly awkward, contradictory and antagonistic) outreach and messaging to the immigrant community by the Republican Party. At this point in time, there is fear that if 11 million are granted citizenship, they’ll vote Democratic.  We will have to see how this continues to play out moving into 2014.

Recently, On December 3, 2013, Speaker John Boehner announced the hiring of Rebecca Tallent to serve as immigration advisor in his office. Tallent worked as a staffer and later as Chief of Staff for Sen. John McCain. She left McCain’s office earlier this year to become the immigration policy director for the Bipartisan Policy Center where she also chaired the organization’s immigration task force.  She’s helped draft amnesty bills for Sen. McCain in the mid-2000s and, in her role at the Bipartisan Policy Center, helped develop an immigration framework that includes amnesty for illegal aliens and massive increases in legal immigration. Her new appointment in Speaker Boehner’s office does send a positive signal that he’s laying the ground work to pass massive immigration reforms in 2014.  However, NumbersUSA President Roy Beck said. “His new hire has done almost nothing the last decade except work for giant increases in foreign labor. But Boehner still has to persuade at least 118 Republican House Members that their constituents would be okay with an expansion of immigration.  We are hopeful that the appointment of Rebecca Tallent will play an essential role in lifting immigration reform over the finish line in early 2014.

More reading…

Video:  “Congress Fails to Tackle Immigration Reform”

Immigration Reform Advocates Descent on Capitol HIll; visiting 200 Offices

Other Articles on Immigration Reform

Immigration Reform: Historic Bill Clears Senate | Will the House Follow?

Monday, July 1st, 2013

The Senate’s immigration bill takes us a small step closer to a less punitive and more open immigration policy. It legalizes most of the unlawful immigrants here and provides pathways for legal immigration in the future. It’s not a perfect bill – there are flaws such as the $46 billion border surge that just about militarizes the border with technology and fencing (the passing of the  Hoeven-Corker amendment), and mandatory E-Verify for all employers – the result of the political tug-of-war surrounding immigration reform and the “poison pill” that had to be added to attract sufficient Republican votes to pass the bill.

The good news is that it’s a huge “win” on many fronts – to name a few:

  1. Path to citizenship for vast majority of the 11 million!!!
  2. While in RPI status, immigrants can work, travel and live without fear of deportation
  3. Reunification of many families separated by deportation
  4. DREAMers will be considered the same as permanent residents during their RPI period for purposes of qualifying for naturalization, with a 5 year path to citizenship
  5. DACA recipients will have RPI status expedited
  6. Farm workers will get a ‘blue card’ and will be on a 5 year path to citizenship.  A single application may be submitted for a family.
  7. Expedited path for those already here in a temporary status
  8. Families that have spent years, even decades waiting for their turn in line will finally be reunited
  9. Adds spouses and children under 21 of permanent residents to the immediate relative category
  10. Immigrants on the path to citizenship can pay fees in installments
  11. New temporary worker programs that protects immigrant workers and American labor force
  12. The H-1B cap is increased and will float between 115,000 and 180,000 depending on market conditions. The base cap is 115,000.
  13. Spouses of H-1B holders will now be able to work
  14. The H-1C visa for nurses working in a health professional shortage area returns but is now just 300 for the entire country. Portability is now available allowing H-1C nurses to move more easily between H-1C employers.
  15. Future work-visa holders will be able to self-petition for green cards rather than relying on employers to decide whether they can call America home for good
  16. Per country limits for employment-based cases are eliminated
  17. EB-1 category will not be counted against quota

The House has announced that it will not take up or vote on the the Senate Bill.  “For any legislation — including the conference report — to pass the House it’s going to have to be a bill that has the support of the majority of our members,” Boehner told reporters last Thursday.  Here is a video of the House Speaker.  As Latino Decisions writes in a new analysis, “The Republican Party is at a crucial crossroads.  If House Republicans stall or block immigration reform that provides a path to citizenship to millions of undocumented immigrants, it will be almost impossible for the party to recover on many fronts and to compete nationally for Latino votes.  We shall see how all this progresses and will continue to keep you well informed.