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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some very exciting news for first time DACA applicants. Pursuant to a recent court order, a federal judge has ruled that the government must restore the DACA program to its pre-September 2017 status, meaning that USCIS must accept new applications from first time DACA applicants and advance parole requests. Stay tuned for more information on this topic.


Overview


On July 17, 2020 a federal judge in the state of Maryland issued a ruling that requires the government to restore the DACA program to its pre-September 2017 status. This means that USCIS must continue the DACA program as it was before it was rescinded by the Trump administration on September 5, 2017, when applications for DACA were being accepted by first time applicants.

Before this decision, on June 18th the Supreme Court of the United States issued a ruling on DACA finding that, although the government’s rescission of DACA violated the Administrative Procedure Act, the government could lawfully rescind DACA so long as the government follows the procedures required by the APA. In effect, the Supreme Court’s decision left open the possibility for DACA to be rescinded by the Trump administration. The Supreme Court emphasized that it would not decide whether DACA or its rescission are “sound policies.”

After its ruling, the Supreme Court sent the case back to the lower courts, where the Maryland judge ultimately decided in favor of reinstating the DACA program.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares very exciting news for Dreamers. On June 18, 2020, the United States Supreme Court handed down a ruling blocking the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era program that grants young undocumented immigrants temporary employment authorization and shields them from deportation.

Keep on watching for more information.


Overview


For nearly 8 years, the DACA program has helped thousands of undocumented young adults live and work in the United States without fear of deportation. Aside from having formal legal status in the United States, Dreamers are by all accounts American. Many have lived in the United States for most of their lives, attended American schools, established deep ties to the United States, and adopted the American way of life.

Unfortunately, since the beginning of his campaign, President Trump has targeted the DACA program promising to dismantle “the illegal” DACA program once and for all. President Trump long criticized the DACA program because it was created unilaterally by former President Barack Obama by executive order. President Trump has called the program illegal because it was not created by Congress.

As you may recall, on September 5, 2017, the President announced his controversial decision to rescind the DACA program which was met with great resistance by American universities, several states, and other pro-immigrant groups. Soon after, several states filed lawsuits against the Department of Homeland Security to stop the government from rescinding DACA. In all lawsuits, the lower court ruled in favor of the plaintiffs, ordering the government to keep DACA in place. The lawsuits were merged and finally came to the Supreme Court in November of 2019.

Today, the Supreme Court handed down a final ruling in favor of plaintiffs finding that although the Trump administration has the power to end DACA, it did not follow the procedural formalities required under the Administrative Procedure Act when it sought to rescind the DACA program. The Supreme Court majority agreed with the plaintiffs that the Trump administration did not provide a good reason for its decision to end DACA and violated the APA.

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En este video, el abogado Jacob Sapochnick habla sobre la detencion de nuestro cliente Orr Yakobi, quien fue detenido tras tomar la autopista equivocada, que lo dirigio hacia Mexico donde oficiales de la aduana y proteccion de fronteras lo detuvieron despues de tratar de entrar de nuevo a los Estados Unidos. Yakobi es un estudiante de la Universidad de California en San Diego y es uno de los 700,000 “Dreamers” viviendo en los Estados Unidos bajo la proteccion de el programa. Nuestra oficina logro liberarlo despues de estar detenido por cinco dias gracias a nuestra comunidad, los medios de comunicacion, y con el apoyo de miembros de el Congreso. Es nuestro orgullo proteger y defender a Dreamers como Orr Yakobi.

Para conocer mas sobre los servicios que ofrecemos, visite nuestro sitio de web.

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Why can’t the President just give permanent residency to undocumented persons?

Overview: 

Only Congress may pass legislation that will create a path to citizenship for undocumented immigrants known as “amnesty.” The constitution of the United States limits the president’s authority to pass laws. The President may only pass executive actions to provide temporary relief when Congress is unwilling to act or there is a state of emergency. A popular belief that many people have is that the DACA program and the now defunct DAPA programs offer undocumented persons a sort of amnesty. This belief is incorrect. The current DACA program offers only temporary relief to undocumented persons living in the United States. It was designed to shield undocumented persons from deportation and provide them an opportunity to obtain temporary employment authorization.

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I am an undocumented immigrant that has been living in the United States for the past 15 years. I have used a different name on all of my legal documentation. How will this affect me if there is immigration reform?

Overview: 

Question: I’ve been living and working in the United States for the past 15 years. I’ve worked using someone else’s security number and I have been paying my taxes, but I don’t have any records or documents with my real name, how is this going to affect me in the future when I try to qualify for immigration reform?

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What is the Execution Action on immigration all about? What will happen if DACA/DAPA passes? For the answer to this question please keep watching. For more information about these executive actions please click here.

Overview: 

On November 20, 2014, President Barack Obama introduced a series of executive actions on immigration. The most important aspects of his executive actions include the expansion of the Deferred Action for Childhood Arrivals program (DACA) program and the implementation of the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. The President also announced new initiatives to crack down on illegal immigration, prioritize deportation of felons and other criminals, require undocumented immigrants to pass a criminal background check, and enforce payment of taxes by granting eligible undocumented immigrants temporary protection from deportation. Applications for the expanded DACA and new DAPA program were supposed to begin to be accepted on February 18th however a federal court order has suspended these programs from going into effect. The Supreme Court will hear arguments for the lawsuit challenging DACA/DAPA (United States v. Texas) today April 18, 2016 with a final decision expected in June.

From the USCIS website:

The Executive Action initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years; 
  • Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents* program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks;
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens;
  • Modernizing, improving and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs ;
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee; 

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the modified Deferred Action for Childhood Arrivals (DACA) program, introduced in November 2014 as part of President Barack Obama’s executive actions on immigration. The modified DACA and DAPA programs have been temporarily suspended pending a federal court order. The Supreme Court will begin to hear oral arguments for United States v. Texas in April. For more information about these programs and their court proceedings please click here.

Overview: 

President Barack Obama’s announced his Executive Actions on Immigration on November 20, 2014. One of the new programs that was introduced is a modified Deferred Action for Childhood Arrivals (DACA) program for the purpose of expanding the population eligible for Deferred Action for Childhood Arrivals (DACA) program, a program that currently grants ‘deferred status’ to young people who came to the United States before turning 16 years old and have been continuously present in the United States since January 1, 2010. The modified DACA program and new DAPA program are currently suspended. The Supreme Court will rule on the constitutionality of both programs this summer.

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In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.

Overview: 

  • SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
  • When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
  • Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.

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In this episode attorney Jacob Sapochnick, Esq. discusses the legislative update in regards to the court injunction which halted President Obama’s executive actions on immigration, including extended DACA and DAPA.

So far the following has happened:

– 5th Circuit did not grant the government’s request to stay the injunction

– There will be an oral argument on the merits of the case on July 10th

– Actions are being taken in the implementation of parole status for entrepreneurs and job creators

– Proposal in giving work authorization to people in certain cases who have approved I-140’s

– Labor Department wants to see perm process be modernized.

For questions and legal advice please call our office for a legal consultation.

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