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How the Death of the Dream Act Affects Immigration Law and Kids

President Trump’s recent decision to end the Deferred Action for Childhood Arrivals (DACA) within six months may have some drastic consequences for immigration law and kids.

Trump’s decision means that 800,000 young people who entered the U.S. illegally and qualified under DACA could now face deportation as early as March 2018.

immigration law and kids

The DACA is an amnesty program President Obama created in 2012 that provides five years of legal protection for children (known as Dreamers) who entered the U.S. unlawfully to remain in the country without fear of deportation. It also grants them the right to work.

The President did offer some hope hours after announcing his decision, tweeting that Congress should try to legalize DACA to provide permanent protection to the Dreamers vulnerable to deportation.

Immigration Law and Kids and Protection For Those Under the DACA 

What’s clear is that the recent decisions about the DACA will have consequences for Dreamers who now enjoy its protections.

For example, if the DACA is phased out by March 2018, the resident status of the Dreamers under this act will revert to what it was prior to the 2012 implementation of DACA.

That means that Dreamers will be unable to legally work, and in some states they will also be unable to obtain driver’s licenses.

However, that does not necessarily mean that all 800,000 Dreamers will be forced to leave the U.S.

In fact, even if Congress does not legalize DACA or come up with another workable immigration plan that protects Dreamers, it is highly unlikely that states will begin mass deportations.

That would only occur if Immigration and Customs Enforcement (ICE) thought that a Dreamer presented a threat, and that it was important to ‘federal interest’ to deport that Dreamer.

Until Congress or the President take further action, it is difficult to predict what legal challenges Dreamers could face to protect their status, but the notion that mass deportations will occur in March 2018 is highly unlikely even in the worst-case scenario.

Help In Difficult Times 

If you’re an immigrant, these can be scary times as you try to understand the implications of some of the decisions being made by the government. And there’s no question that the phasing out of the tenets of the DACA will have wide-reaching consequences. If you or a loved one is affected by the recent government decision regarding DACA, please contact the Gambacorta Law Office for help. We have spent decades handling a number of difficult immigration cases, and we have the resources to help you understand your options. Call us today at 847-786-2599 (Illinois office), 602-759-7480 (Arizona office), or 281-674-7658 (Texas office) for a consultation.

Additional Reading

Knowing My Rights At the U.S. Border (Part 1)

Knowing  My Rights At the U.S. Border (Part 2)

Ninth Circuit Court Intervention for TPS Beneficiaries Seeking LPR Status

Temporary Protected Status was legislated in 1990.  The authority was given to the secretary of the Department of Homeland Security to choose respective countries for TPS.  TPS is designed to cover immigrants who travelled into the U.S. and who cannot return to their home country due to the harsh circumstances affecting their countries.  A few of the temporary conditions that are considered by USCIS are:

  • Continuous civil unrest, war or protest
  • Natural disasters (e.g. hurricanes, earthquakes or an outbreak of a disease)
  • Extreme unforeseen temporary circumstances

Thousands of foreigners who hold a temporary protected status are now eligible to file their applications for Legal Permanent Resident Status as long as they meet the specific requirements.

The Intervention of the Ninth Circuit Court

In 1999, Ramirez entered the U.S. without inspection and thereafter applied to obtain TPS.  In 2012, he married a U.S. citizen who then, filed a Petition for Alien Relative (Form I-130) on his behalf.  The United States Citizenship and Immigration Services approved the submission on April 16, 2013, in contrary the application for adjustment of status was served a denial by USCIS on that same year.  USCIS observed that Ramirez’s first entry was illegal; he was not inspected or paroled at the port of entry by an officer.

TPS Beneficiaries

On March 31, 2017 a three-judge panel from the Court of Appeals for the Ninth Circuit made a decision in the Ramirez v. Brown, ___F.3d__ (9th Cir.2017) case, which greatly increased the ability for foreigners who are in the United States of America to possibly become eligible for an adjustment of status under section 245 of the Immigration and Nationality Act (INA).

When his case was reviewed by the Ninth Circuit Court, a federal district court judge challenged the final decision (made by USCIS) that was not in accordance with section 245(a) of the Immigration Nationality Act (INA).  According to the Temporary Protected Status policy all beneficiaries of TPS are recognized as inspected and admitted for purposes of adjustment of status; the Ninth Circuit Court declared that fact.

Since the Ramirez case was examined and overturned by the Ninth Circuit Court, beneficiaries of TPS can benefit from the opportunity of applying for Legal Permanent Status and rewards granted by the U.S. government.

A Few Benefits for Aliens with TPS

Once you have been approved for TPS you will receive these benefits temporarily with the possible opportunity of obtaining legal permanent Resident Status:

  • You will be able work, (apply for an employment authorization document (EAD).
  • You will be protected by U.S. immigration & you cannot be detained or deported by Department of Homeland Security (DHS) or U.S. Immigration Customs Enforcement.
  • You provided with travel authorization.
  • Since the amendment made by the Ninth Circuit court TPS beneficiaries can now apply for lawful permanent resident status. Note that all requirements must be met and fees paid. 

Speak to an Immigration Attorney

If you are the holder of temporary protected status in the U.S. and you are seeking a legal permanent resident status in the United States talk to an expert immigration attorney.  Facing a legal battle against the ninth circuit court can be a lengthy process.   Contact The Gambacorta Law Office today at 847 786 2599 for a consultation at any of our office locations in Arizona, Illinois, Hawaii and Texas.