DREAM Act Portal Forum - Tips under the new Laws under Trump and AG Sessions

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Re: Tips under the new Laws under Trump and AG Sessions

I reached out to one of the lawyers of that blog post and asked him about point number 4. I asked where exactly did he the information for point number 4.

He replied:

Quote:

Sure, See Section 11(c),
https://www.whitehouse.gov/the-press...t-improvements

Got to read the details of these orders.

I went on that link and look for that specific section.

Section 11C says:

Quote:

(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).

I searched the whole EO and couldn't find anything that says 2 years of evidence will help you or if it is even necessary.

Does anyone have any ideas?

Quote:

Originally Posted by AztecAztec (Post 602363)

@Dreamer0987 it is from the 1997 Immigration law concerning expedited removal. It is usually used for people in the country less than two weeks and within 100 miles of the border.

DHS ( I think ) can expand it to the entire country and up to two years without going through congress.

Expedited removal is done by a DHS office and the decision is final ( You can get it vacated ). There is no immigration judge or appeal. It is quick, cheap and easy for DHS compared to normal removal.

https://www.uscis.gov/ilink/docView/...0-11261/0-0-0-36122/0-0-0-36228.html

@AztecAztec, so the two year evidence is based on the 1997 immigration law?

Re: Tips under the new Laws under Trump and AG Sessions

Quote:

Originally Posted by libertarian1776 (Post 602358)

all true. but even sec john kelly today admitted that he shouldve rolled out the muslim ban differently, and he took the blame in todays committee hearing. they didnt think this one through and rushed through it.

heres another tidbit i found.. for future EO's, i hope Preibus will be the final say w/ the President instead of Bannon and Miller.

Several people involved in the current process say the administration wants to be more careful and felt stung by the criticism, even if their signing was cheered by Trump’s supporters. Chief of Staff Reince Priebus has lately gotten far more involved in the process, one person familiar with it said. He has implemented a multi-step process to approving the orders, according to a White House official.

Paul Ryan himself said he didn't agree on a Muslim van then recently started to agree with it. These people are really bipolar as hell and we shouldn't believe a word they say. It's tiring hearing something from them only later for their actions to be the opposite. Trump has bad hombres in his team and these people are calling the shots. I wouldn't be surprise if the write an EO for trump that calls for major deportations and idiot too lazy to read trump signs it

Re: Tips under the new Laws under Trump and AG Sessions

Quote:

Originally Posted by Dreamer0987 (Post 602373)

@AztecAztec, so the two year evidence is based on the 1997 immigration law?

Here is a pdf from the Congressional Research Office that can explain it better than me. Look at the bottom of page 8 where it says "Although under law the Secretary of Homeland Security59 may apply expedited removal to any alien who has not been admitted or paroled60 into the United States and who cannot show that he or she has been continuously present for two years".

They foot note everything.

And my bad, it was a 1996 law.

https://fas.org/sgp/crs/homesec/R43892.pdf

Re: Tips under the new Laws under Trump and AG Sessions

Quote:

Originally Posted by AztecAztec (Post 602393)

Thank you! You saved my day. I was going crazy looking for this clause.

Quote:

Under expedited removal (INA §235(b)), an alien who lacks proper documentation or has
committed fraud or willful misrepresentation of facts to gain admission into the United States is
inadmissible and may be removed without any further hearings or review,53 unless the alien
indicates an intention to apply for asylum or another form of removal based on a fear of
persecution.54 Aliens from Western Hemisphere countries with which the United States does not
have full diplomatic relations (e.g., Cuba) are excluded from expedited removal.55 In addition,
under policy, unaccompanied minors56 are placed in expedited removal in very limited
circumstances. 57

Re: Tips under the new Laws under Trump and AG Sessions

Quote:

Originally Posted by DACA-IR-DA (Post 602316)

The memo in this article is true?

Are they saying those that are here for over 10 years with children or 10 years with no children qualifies too?

For Cancellation of removal you need a few things like:
1) Good moral character
2) 10 years in US prior to being placed into removal proceedings
3) USC or LPR, Parent, Spouse, or Child who'd suffer "EXCEPTIONAL AND UNUSUALLY EXTREME" Hardship from your removal.

Thing is:
1) COR cases are EXTREMELY LONG and EXTREMELY HARD. If you're claiming via child the child will probably turn 21 before you're granted COR. If you entered on a visa you'll at that point probably just file for termination so you can AOS.
2) COR can only be sought while in removal proceedings. So you can't just file a form like for Asylum. You need to end up in removal proceedings. That's when you file EOIR-42B, and when you get the receipt you file an AOS packet with USCIS so you can get a work permit while the case is pending.
3) There is a limit of 4,000 green cards that can be granted via COR per year. That quota goes fast. So don't be surprised when the judge tells you to come back next year for a hearing. No one even knows what the backlog is. No one even knows if there is a wait list to begin with or is it a First Come First Serve basis.

On the flip-side COR can overcome a permanent bar for illegal re-entry, and some others. It cannot overcome a false claim to citizenship.

Basically I'd treat it as something to do as a last resort when you have a solid case (kids make for solid cases, especially if you didn't teach them the language of wherever you're from, and if you come from a racially homogeneous country and your kids are mixed (e.g. you're white from a 99.9% white place like Poland or Ukraine and your kids are half-Asian)).
Not just loitering in front of the local ICE office wearing a sombrero and playing the maracas on your 10 year anniversary in the US. Though I guess if you want to end in removal proceedings that's one way to do it.

Re: Tips under the new Laws under Trump and AG Sessions

^^^^^
Best part of that comment haha
Not just loitering in front of the local ICE office wearing a sombrero and playing the maracas on your 10 year anniversary in the US

Re: Tips under the new Laws under Trump and AG Sessions

Quote:

Originally Posted by Demise (Post 602399)

Thanks so much for your insight!!! This is great information! 😍