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Farmworker Justice Immigration Update 1/30/15

Extended DACA Applications will be Accepted Starting February 18th

The big news in immigration this week was that USCIS announced that it will begin accepting expanded DACA applications on February 18th. Under the expanded DACA guidelines, there will no longer be an upper age limit for applicants who otherwise qualify (currently applicants must have been under the age of 31 as of June 15, 2012). Additionally, individuals will have to show that they have lived in the US since January 1, 2010 (instead of the current requirement of June 15, 2007). The current DACA program is still open for applications and renewals and is now giving deferred action and work authorization for three years instead of two. DACA applicants will still have to meet the other requirements of DACA, including the education requirement and the requirement that applicants entered prior to the age of 16. Note that a new DACA application will be released as well and USCIS may discontinue the current form. Applicants should check the USCIS website for the new form and any new instructions or FAQs. Farmworker Justice will also circulate these materials as they become available.

Also this week, the Associated Press (AP) obtained internal training materials on the implementation of Obama’s deferred action programs for immigration agents working for Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). The training materials instruct the agents to review files of detained immigrants and release those who are likely to qualify for deferred action. The agents are further instructed to ask undocumented immigrants that they encounter whether they may qualify for the deferred action programs. The goal of the new enforcement priorities is to focus on serious criminal offenders and recent entrants to the US.

Last week, the House Committee on Homeland Security marked up the “Secure Our Borders First Act,” HR 399, authored by the Chair of the Committee on Homeland Security Michael McCaul (R-TX). HR 399 would require “complete operational control” of the Southwestern border, defined as complete eradication of illegal border crossings. Failure to meet the goal would result in penalties against DHS officials. It is highly questionable whether this standard can ever be met. The Congressional Budget Office estimates that the bill would cost $4.2 billion in increased spending over the next five years and Secretary Johnson called the bill “extreme to the point of being unworkable.” Immigrants’ rights organizations have also harshly criticized the bill. The House was scheduled to vote on HR 399 this week, but leadership changed its mind citing low attendance due to the snow storm. Media reports also indicated that there is a significant conservative opposition to the bill by those who think that it doesn’t go far enough or fear that it is a first step in a plan for broader immigration reform measures.

Meanwhile, the issue of funding the Department of Homeland Security (DHS) remains unresolved. On Tuesday, the Senate Democratic Caucus sent a letter to Majority Leader Mitch McConnell stating that they would not vote for a Homeland Security spending bill that contains language that would limit the President’s executive action on immigration or other controversial riders. The letter is significant because McConnell needs at least 6 Democrats to get any bill through the Senate. 

The House-passed DHS appropriations bill would prevent the President from implementing the executive actions, including DACA and DAPA. President Obama promised to veto any bill that would affect the executive actions. Even if the Senate passes a clean funding bill with no provisions related to executive action, then the House may not take it up. The Department of Homeland Security’s funding is set to expire on February 27th unless a funding bill is passed. If the deadline passes, the Department of Homeland Security would “shut down.” While emergency personnel (a large portion of the agency) would be required to work, they would not receive pay until a funding bill is signed into law. 

Both the Senate and the House could likely pass a clean funding bill with Democratic support, but that could lead to a backlash by the right wing of the Republican Party against their leadership, particularly in the House where many members are committed to blocking the deferred action programs. House Speaker John Boehner announced that he will sue Obama in an effort to prevent him from implementing the deferred action programs. The action was called an effort to appease conservatives in the event a clean Homeland Security bill is forced through the House. 

Farmworker Justice continues to work on the implementation of President Obama’s executive actions on immigration. Please share with us any stories or questions you are facing in your communities to help us better advocate for a program that is inclusive of farmworkers. We will be participating in the Ready America: Implementing Immigration Action conference in February. The conference’s goal is to help organizations prepare for implementation of DAPA and DACA. For information on registering, visit www.adminrelief.org/readyamerica/

Extended DACA Applications will be Accepted Starting February 18th

The big news in immigration this week was that USCIS announced that it will begin accepting expanded DACA applications on February 18th. Under the expanded DACA guidelines, there will no longer be an upper age limit for applicants who otherwise qualify (currently applicants must have been under the age of 31 as of June 15, 2012). Additionally, individuals will have to show that they have lived in the US since January 1, 2010 (instead of the current requirement of June 15, 2007). The current DACA program is still open for applications and renewals and is now giving deferred action and work authorization for three years instead of two. DACA applicants will still have to meet the other requirements of DACA, including the education requirement and the requirement that applicants entered prior to the age of 16. Note that a new DACA application will be released as well and USCIS may discontinue the current form. Applicants should check the USCIS website for the new form and any new instructions or FAQs. Farmworker Justice will also circulate these materials as they become available.

Also this week, the Associated Press (AP) obtained internal training materials on the implementation of Obama’s deferred action programs for immigration agents working for Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP). The training materials instruct the agents to review files of detained immigrants and release those who are likely to qualify for deferred action. The agents are further instructed to ask undocumented immigrants that they encounter whether they may qualify for the deferred action programs. The goal of the new enforcement priorities is to focus on serious criminal offenders and recent entrants to the US.

Last week, the House Committee on Homeland Security marked up the “Secure Our Borders First Act,” HR 399, authored by the Chair of the Committee on Homeland Security Michael McCaul (R-TX). HR 399 would require “complete operational control” of the Southwestern border, defined as complete eradication of illegal border crossings. Failure to meet the goal would result in penalties against DHS officials. It is highly questionable whether this standard can ever be met. The Congressional Budget Office estimates that the bill would cost $4.2 billion in increased spending over the next five years and Secretary Johnson called the bill “extreme to the point of being unworkable.” Immigrants’ rights organizations have also harshly criticized the bill. The House was scheduled to vote on HR 399 this week, but leadership changed its mind citing low attendance due to the snow storm. Media reports also indicated that there is a significant conservative opposition to the bill by those who think that it doesn’t go far enough or fear that it is a first step in a plan for broader immigration reform measures.

Meanwhile, the issue of funding the Department of Homeland Security (DHS) remains unresolved. On Tuesday, the Senate Democratic Caucus sent a letter to Majority Leader Mitch McConnell stating that they would not vote for a Homeland Security spending bill that contains language that would limit the President’s executive action on immigration or other controversial riders. The letter is significant because McConnell needs at least 6 Democrats to get any bill through the Senate. 

The House-passed DHS appropriations bill would prevent the President from implementing the executive actions, including DACA and DAPA. President Obama promised to veto any bill that would affect the executive actions. Even if the Senate passes a clean funding bill with no provisions related to executive action, then the House may not take it up. The Department of Homeland Security’s funding is set to expire on February 27th unless a funding bill is passed. If the deadline passes, the Department of Homeland Security would “shut down.” While emergency personnel (a large portion of the agency) would be required to work, they would not receive pay until a funding bill is signed into law. 

Both the Senate and the House could likely pass a clean funding bill with Democratic support, but that could lead to a backlash by the right wing of the Republican Party against their leadership, particularly in the House where many members are committed to blocking the deferred action programs. House Speaker John Boehner announced that he will sue Obama in an effort to prevent him from implementing the deferred action programs. The action was called an effort to appease conservatives in the event a clean Homeland Security bill is forced through the House. 

Farmworker Justice continues to work on the implementation of President Obama’s executive actions on immigration. Please share with us any stories or questions you are facing in your communities to help us better advocate for a program that is inclusive of farmworkers. We will be participating in the Ready America: Implementing Immigration Action conference in February. The conference’s goal is to help organizations prepare for implementation of DAPA and DACA. For information on registering, visit www.adminrelief.org/readyamerica/