DHS Memos Bring Huge Changes to the U.S. Immigration System

Department of Homeland Security Secretary, John Kelly, releases two memorandums this week implementing President’s Trump’s executive orders on border security (memo-1) and interior enforcement (memo-2). Besides the border wall President Trump promised to build, we will likely to see massive enforcement effort in the upcoming months and scaled up detention and expedited removal.

Below are some of points I summarized:

  1. DHS seeks to deport anyone who “poses a risk to public safety or national security.” However, DHS did not define these two terms clearly. Theoretically speaking, DHS could label someone being “a risk to public safety” even if (s)he is not charged or convicted for a crime.
  2. DHS will focus on undocumented immigrants who have been (1) convicted or even charged with a criminal offense, including minor traffic infractions, (2) abused any program related to receipt of public benefits, i.e. received any government assistance, or (3) “have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency”, including using fake Social Security numbers to work or lie on I-9 forms.
  3. DHS memos expanded the period of expedited removal from 2 weeks to 2 years after people enter the country, and eliminated the requirement that the immigrants be caught within 100 miles of the border. People in expedited removal will not go through the removal proceedings, which involve a hearing before an immigration judge. It is extremely important to keep records of two (2) year presence so you are not put in expedited removal.
  4. The use of parole authority to allow immigrants, who are not in possession of visas or not eligible for visas, to come to the U.S. will be extremely restricted.
  5. DHS seeks to return aliens, including unaccompanied children, who entered from a foreign land contiguous to the U.S. to where they arrived, meaning if they entered from Mexico, DHS will return them to Mexico, regardless of their nationality.
  6. DHS will hire an additional 10,000 ICE agents and officers to carry out enforcement priorities. We will likely to see more deportation and detention nationwide.
  7. DHS wants expand to continue and increase state and local law enforcement involvement in border areas, so they can aid in immigration enforcement.

The Law Office of Maya King will keep you informed about the newest changes in the complicated U.S. immigration system. If you or your family needs any advice or help, please call us at (913) 717-7112 for a free consultation.

 

New Bill Could Halt Naturalization Until Fingerprints Digitization Completes 新法案可能停止公民入籍除非指纹完成电子化

In early September, 2016, the Department of Homeland Security Office of Inspector General (OIG) released a report (OIG-16-130), finding “USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity.” The problem resulted from the unavailability of the applicants’ digital fingerprint record in DHS and FBI’s repositories. It further found U.S. Immigration and Customs Enforcement (ICE) has a large number of fingerprints of aliens with final orders or who are criminals that have not been digitized. OIG recommended all agencies involved to speed up the process of uploading fingerprints.

On September 28, 2016, John Culberson [R-TX7], the Representative from Texas,  introduced a bill (H.R. 6198-114the Congress) to freeze naturalizations until DHS “completes the digitization of all remaining paper-based fingerprint records.” The bill currently has seven (7) Republican co-sponsors and is referred to the House Judicial Committee.

If passes, the Bill will halt naturalization until all fingerprints are uploaded. As of now, Govtrack gives the Bill 1% chance of being enacted.

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OIG Report

2016年九月初,国土安全办公室的监察部门(OIG)发布的一份报告(OIG-16-130),发现“美国移民局授予至少858有递解令或者犯罪前科的人美国公民身份。” 这个问题是由于在美国国土安全部和美国联邦调查局申请人的电子指纹记录资料库中的不齐全。这份报告进一步发现,美国移民和海关执法局(ICE)有大批量递解令在身或者犯罪前科的外国人的指纹还没有电子档案。 OIG建议所有机构加快上传指纹的过程。

2016年9月28日,德克萨斯州的共和党代表约翰·Culberson ,提出一项法案(H.R. 6198-114届国会),直到国土安全办公室“完成所有剩余的纸质指纹记录的电子化,” 公民入籍将被冻结。该法案目前有七(7)位共和党成员支持,并提交给众议院司法委员会。

如果通过这项法律通过的话,直到所有指纹上传为止,公民入籍将被冻结。截至目前,Govtrack觉得这个法案有1%的机会通过。