This was Atty Lourdes Tancinco's presentation for during forum "Immigrants: At the Crossroads" to discuss about health care rights and how potential changes in immigration laws may impact U.S. immigrants and their families
2. TRUMP’S EXECUTIVE ORDERS ON
IMMIGRATION
• Executive Order 13768 of January 25, 2017 Enhancing
Public Safety in the Interior of the United States
• Executive Order 13767 of January 25, 2017 Border
Security and Immigration Enforcement
Improvements
• Executive Order 13780 of March 6, 2017 Protecting the
Nation From Foreign Terrorist Entry Into the United
States
3. • 2,000 mile wall at US Mexico border. The cost s
$15-25 Billion. Each mile is estimated to be at $16M
per mile
• Expedited Removal: The prior rule is that anyone
found 100 miles from the border may be removed
without a hearing. Present rule: a person who
entered without inspection within the last two years
and who is found even beyond the 100 miles may be
apprehended. Those who entered the United States
in the last 2 years without visas or without
inspections are now vulnerable.
EXECUTIVE ORDER ON BORDER
SECURITY/EXTERIOR ENFORCEMENT
4. INTERIOR ENFORCEMENT:
PRIORITIES
• Those who have been convicted of any criminal offense;
• Those have been charged with criminal offense, where such
charge has not been resolved;
• Those have committed acts that constitute a chargeable criminal
offence;
• Those have engaged in fraud and willful misrepresentation;
• Those have abused any public benefit program;
• Those subject to final order of removal but have not departed
• Those those pose a threat to public safety and national security
5. EXECUTIVE ORDER ON TRAVEL BAN
The travel ban includes:
• Chad
• Iran
• Libya
• North Korea
• Somalia
• Syria
• Venezuela and
• Yemen.
• In addition national of Iraq will be subject to extra screening
measures.
6. “BUY AMERICAN HIRE
AMERICAN”
• To create higher wages and employment rates for U.S. workers
and
• To protect their economic interest by rigorously enforcing and
administering the laws governing entry into the United States of
foreign workers.
• Government agencies were directed to propose new rules and
issue guidance on H1B visa program and suggest reforms to
ensure that only the most skilled and highest paid beneficiaries
receive this visa.
7. WHITE HOUSE PRINCIPLES
On October 8, 2017, the White House released several
documents outlining its immigration policy priorities.
The Executive Summary and a detailed outline of the
principles are divided into three categories:
• Border Security
• Interior Enforcement
• Merit-Based Immigration System.
8. IMPORTANT POINTS ON THE
WHITE HOUSE PRINCIPLES
• Wasteful and unnecessary spending on a border wall, thousands
of additional interior enforcement agents, and massive
expansion of detention beds when American taxpayers are
already spending unprecedented amounts on immigration
enforcement.
• Stripping unaccompanied children who flee to safety in the U.S.
of the protections enshrined in the trafficking law enacted in
2008.
• Restricting access to the asylum system in a way that closes
America's doors to asylum seekers and those fleeing persecution
and conflict.
• Chipping away at the principles of due process and fairness by
expediting removal of immigrants without allowing them a day
in court
9. IMPORTANT POINTS ON THE
WHITE HOUSE PRINCIPLES
• Forcing immigration judges to rush cases that do make it to
court and depriving immigrants of due process.
• Attempting to force so-called "sanctuary cities" to follow
unconstitutional policies or risk losing vital federal funding for
local law enforcement that would make communities safer.
• Criminalizing visa overstays in a way that will hurt families, and
businesses.
• Drastically reducing legal immigration and virtually eliminating
the economic and business needs and role of U.S. employers in
the green card process
• Severely limiting one of the foundations of America's economic
success: family-based immigration.
10. RAISE ACT
The RAISE Act seeks
• To cut our legal immigration system by at least 50% over the
next decade without a reasonable correlation to family
reunification or the economic needs of our nation.
• The bill would eliminate all family-based immigration
categories, except for spouses and children (under the age of 18)
of U.S. citizens and permanent residents.
• The RAISE Act would also completely replace the
employment-based immigration system with a narrowly
focused and rigid points-based system that fails to take into
account the business needs of U.S. employers.
• Furthermore, the bill would eliminate the Diversity Immigrant
Visa Program and reduce the number of refugees admitted to
the U.S. to just 50,000 per year
11. DEFERRED ACTION FOR
CHILDHOOD ARRIVALS (DACA)
What is Deferred Action?
The term “deferred action” in the immigration law context refers to
the discretionary act through the recommendation of the
Department of Homeland Security not to prosecute or deport a
noncitizen. It is an act of administrative choice to give some cases
lower priority and is not an entitlement. So if deferred action no
longer exists for the DACA recipients they will lose their protection
from removal/deportation.
12. FILIPINOS ON DACA
As of March 31, 2017
DACA TOTAL APPROVED BY USCIS: 1,586.657
Initial: 787,580
Renewals: 799,077
FILIPINO DACA: 10,829
Initial: 5,055
Renewal: 5,744
USCIS Data shows that as of March 31, 2017 there are 799,077 DACA
approved applications and 5,744 are Filipino DACA recipients.
13. RESCISSION OF DACA
If You Do Not Have DACA or a DACA Application Pending.
DACA program has been terminated on September 5, 2017
and new applications are no longer being accepted by USCIS.
If You Have DACA That Expires After March 5, 2018.
There is only a 6 months window provided from
September 5, 2017 to March 5, 2018. If your DACA and work
permit expire after March 5, 2018, you are no longer eligible
for an extension. This means that your DACA, work
authorization, and protection from deportation will expire on
the date shown on your DACA approval notice and work
permit.
14. CONGRESSIONAL BILLS
ON DACA
• Dream Act of 2017 (S.1516 and H.R. 3440)
• SUCCEED Act (Solution for Undocumented Children
through Careers, 6 Employment, Education, and
Defending our Nation Act)
• American Hope Act (“Hope Act,” H.R. 3591),
• Recognizing America’s Children Act (“RAC Act,”
H.R. 1468), and the SUCCEED Act (S.1852)
• SECURE Act 2017 (Security, Enforcement, and
Compassion United in Reform Efforts Act)
15. WHAT TO DO?
1. Do not lose hope.
2. Do not get yourself in trouble with the law.
3. Do not give up on other options.
4. Do not be too trusting.
5. Do not give up your rights.
16. THANK YOU!
For more questions please call: (415) 397-0808
Or visit our website at www.tancinco.com