MORE DETAILS IN ADVANCE ON OBAMA’S EXECUTIVE ACTION ANNOUNCEMENT

Directly from the White House:

Border campaign – Better coordination at the border / better use of resources

New DHS-wide priorities

– Suspected terrorists, convicted felons, gang membership, people apprehended at border

– People convicted for significant misdemeanor, new immigration violators after January 1, 2014,

multiple misdemeanors (3)

– People who failed to abide by removal order or came back after January 1, 2014

– Rescinding Morton memo; Fugitive Ops memo and some other memos and re-doing priorities

– Different standards of PD at each part of the process

Court reform

• DOJ will close cases if people are prima facie cases of DACA and DAP

• Accelerate those cases that are left after prioritizing

• Ineffective counsel – Unclear

DOL reforms

• Three more crimes added to the U Visa

• Will start certifying for T Visas

• New working group for worksite enforcement

• Punting on worker issuesdont yeah don’t

Discontinuing S-COMM but new “Priority Enforcement Program” (PEP)

– Pre-conviction to post-conviction model

– Different from detainer system – a notification system

– Mandatory for national security threats

– More DOJ-DHS cooperation for federal prison releases

Expansion of DACA

– No upper age cap

– Continuous presence from January 1, 2010

– 3 year status

– 90 days implementation

New program DAP (affirmative process)

– Parents of all U.S. citizen sons and daughters, LPR sons and daughters

– Continuous presence from January 1, 2010

– Age of child?

– People with final orders not a problem. May be problem for people who were deported and

then came back

– Same fee as DACA – $465

– Same criminal bars as DACA

– 180 days implementation

Clarify advance parole for both DACA and DAP

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Notes from White House Briefing 11/20/2014

Embargoed Till 6PM EST

Employment based immigrants

• Enhanced Portability for non-immigrants – H-1B

• Finalize H-4 regs

• Pre-registration – Enable individuals who are eligible to apply for adjustment of status, but for a

non-current priority date, to “pre-register” for adjustment and receive work authorization and

advance parole.

• Clarify “same or similar” in the employment context

• Extending OPT but only for STEM

• L-1B guidance issued

• DOL will modernize PERM

• Employer liabilities for DACA-related discrimination or more of an explanation

I-601A waivers – Stateside waivers

• Extended to LPR parents and spouses- Requires rulemaking

• Clarify extreme hardship – Requires rulemaking

• Waiver is only for 3/10 year bars

Parole in place for family members of anyone trying to enlist (Memo)

New citizenship program in top 10 states with lawful permanent residents

o 410K may benefit