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Para Ser Legal: The shutdown ends but how does that affect DACA and TPS? (01 28 19)

In This Episode:

Who can apply for DACA now? Lawyer, speaker and author Andres Mejer answer your questions.

Transcription

Good morning and welcome to the English version of our show. But I said God in English get legal. So today I want to talk about three different things. First shutdown’s over but what the Senate bill that Trump wanted to the to pass last week. How that would have affected Dhaka and CPS. Why is it important because the shutdown is over for the next three weeks. Congress now has to decide how they’re going to fund the government going forward. After those three weeks and Trump is still insisting he wants his war. But he also wants to curb illegal immigration. And no one’s talking about what this bill would have meant for Daka and CPS. Secondly I want to talk about who can apply for DACA today. And third we’re going to give you an example of how the government wanted to deport Manuel who had DACA and even though he had a government still wanted to deport him. So welcome to our show. My name is on this method. I am a speaker published author and an immigration attorney and on this program. Para ser legal get legal. This is where we discuss immigration news and how it affects you so shut down the Senate bill. What would it mean. There’s a couple of provisions in that bill that affected Daka and TPA.

So first we’ll talk about the the bills would have required immigrants to show that they were that they earned over one hundred twenty five percent of poverty guidelines.

Now remember somewhere doesn’t have Dhaka does not have employment authorization does not have the ability to legally work in the US. But despite that they’re being told that they have to earn more than 125 percent of the poverty guidelines. Now the reason for that I think is pretty simple. They want to make sure that if I’m an immigrant and I apply for backup and I have kids that my household doesn’t qualify for benefits like work or food stamps. So in order for me to get this employment authorization I need to show that I’m over the amount that would otherwise allow my children to receive health insurance or assistance in school with the lunch program or even food stamps. They wanted to change people who can apply for DACA. They wanted to increase things that made me inadmissible to this new status. The crimes we knew about that. That really hasn’t changed. I committed fraud if I if I killed somebody. I’m not kidding. If those convicted of a DUI. If I was convicted of drug possession. Disqualified. That’s not new. But if I made a claim to be aU.S. citizen if I had a crime as I’m as a juvenile which up until now is not really considered a crime it would be for DACA. If I had an order of removal. The point of DACA is it creates protection from deportation and gives employment authorization to a category of people that meet certain guidelines in the exercise of the government’s prosecutorial discretion. What the program said is. You show me the following. Then you’re not a priority for deportation and you will receive these benefits. So what Trump was trying to do with this bill is limit that group even further someone who said they made a false claim to a US citizen someone who has and paid civil judgments to a crime victim. How many of those. Probably not a lot but it happens. For example let’s say I was involved in a fight. Somebody was injured. And as a condition of maybe I plead guilty to a minor infraction let’s say it was a bar fight. And at the end of it the prosecutor offered that I pay his medical bills. Say it’s five thousand dollars. And I plead guilty to a municipal ordinance now. That just means I made too much noise. I was disrespectful to police law enforcement in some fashion. Not a crime. And what happens if I haven’t yet completed those five thousand hours well or if I can’t prove that I get it. I would be disqualified from Dhaka for some that isn’t the crime you can’t be engaged in any sexual harassment. So now we’re talking about an accusation. If someone accused me of doing that I might be disqualified. I had an order of removal back in the day. I’m disqualified if the government wants to deport me.

I’m disqualified. So even if I have a the government can still deport me for X reason.

Again not clear under what circumstances that would be applied. But that is a big deal. And I’ll give you an example of what the government tried to do and how we were able to help. Well in that exact scenario. And another big one is no advance parole for Doc now there isn’t anyone but the Trump eliminated but this rule would have would have said that if someone entered under advanced parole it wouldn’t qualify to give him a benefit it wouldn’t qualify as legal entry. If so give an example. Let’s say I’m a dreamer. I applied for DACA. I have darker I applied to leave the US and go about the Chile which is approved I do leave I come back. I now have a legal entry if I’m married to aU.S. citizen which I am. She can now apply for me and I can get my green card in the United States without having to leave. What Trump is trying to say is that legal entry does not count. Now. So the way he wanted to do it was not effective but doesn’t change the fact that that’s what he tried to do. Another issue TPM is another temporary program that this came from Congress. But what with the Trump administration did is say Nicaragua Honduras El Salvador on AC Haiti. These countries that had CPS. Well the conditions have changed and those immigrants cannot go back so effectively he eliminated CPS for hundreds of thousands of immigrants. These changes to Dhaka. He also also wants to apply toP.S. now people who had CPS or who had Dhaka would now be disqualified and if they are disqualified. Well they can be placed in removal proceedings. That’s a big deal. What was the goal of that bill. The goal of that bill with the secure five point seven billion dollars in funding so that the Trump administration could build the wall in the south and border with Mexico. What Trump did said is what he was saying is look you give me the money for the war and I will extend protection to Dhaka and after another three years. Now the only reason that there’s a problem for the DhakaA.P. arthroscopic just because Trump took it away so Trump takes away protection and says I’ll give it back to you for a couple of years as long as you give me my wall Give me my permanent fix and I’ll give you a temporary fix to your temporary situation.

That makes no sense. But on top of that I’m going to further restrict who can get up and who can get or keepG.P.S. And if for whatever reason I want to deport you anyway you can’t use data orG.P.S. to protect you from deportation which is the whole point of that program.

It’s a circular situation. Didn’t make a whole lot of sense but still doesn’t make a whole lot of sense. And but it’s important that we discuss this because there’s gonna be ongoing negotiations and we need to make sure that these changes to existing programs are never implemented.

Now who can apply for data today. Well there is still no new petitions being accepted. What does that mean. You must have applied for Dakar and have been approved for Dakar in order to renew your Dhaka now.

Example Let’s say I entered the United States in 2010 when I was 12. I went to high school here. I graduated. I haven’t left I entered before I was 15 but because I didn’t enter before June 5th 2007 I am disqualified.

I had to have been here before 2007 so I couldn’t I couldn’t qualify. When the program existed. If they moved up the dates I might have been able to qualify. Depending on when that that deadline would have passed if I entered in October afraid that in June. In what year.

So you must have applied for DACA. At some point before it was rescinded and had been approved. Now what happens if my DACA expired or terminated for over a year.

Here’s where it gets complicated because what with the Trump administration said is you can’t file you can’t renew your DACA. You must file a new application. Now I know it doesn’t seem to make a lot of sense we’re talking about somebody that applied for DACA was approved for DACA and then.

This DACA expired for whatever reason. Let’s say he was being charged with some crimes he was fighting those crimes. And until those cases or case got resolved he didn’t want to apply for something that he thought he might not get. Once the case was resolved was favorably disposed. He then applied. But more than a year passed from his initial expiration so the government says is listen you’re going to have to file a new application Why is that relevant. Because his initial application had to prove five or six different things one of them was that he entered the United States before he turned 16 and he entered before June 5th 2007. If you then renew it in time you don’t need to make that that same showing again.

All you need to do all you need to. All you need to do is show that you’ve been in the US the past two years.

You had me convicted of a disqualifying crime and you and you’ve. You’re still in school you completed school. But. If your expression is more than a year you have to do that initial showing again. It starts from the very beginning. Otherwise you just apply to renew. So make sure your docket doesn’t expire and make sure if it gets fired didn’t expire for more than a year. Because now you’ve made your job a whole lot harder. So we got we got a question from the audience from from Sharon she says. Can someone on disability file for his wife. Yes they can. There’s a variety of things we’re going to need to show in a family petition but. What Sharon is saying is Well how do I meet the affidavit of support requirements. How can I show that my spouse is not going to be a public charge if I am disabled. Well you’re going to need a joint sponsor someone who’s going to. So if I’m applying for my wife one of the what are the conditions is that for the next five or 10 years my wife I promised the government that she will not receive any benefits from the US government. What the government is concerned about saying listen if I’m gonna give you legal status if I mean allow you to be a lawful resident here in the United States I government don’t want to also support you. So the petitioner the person who’s asking that his spouse get this benefit is saying I guarantee that I will maintain my spouse at a financial amount. One hundred and twenty percent over the poverty guidelines if I don’t have that amount if I don’t earn enough alone then I need to have a joint sponsor who’s going to make the same promise. So yes Sharon someone disability can file for for his or her spouse. That’s one that’s a way to address one of the requirements. Also we have to evaluate the whole package was your legal entry. It’s starts aU.S. citizen. Is there anything else that would make your spouse inadmissible. We need to evaluate all those things give us a call happy to discuss it further back to who can renew Dhaka must not have expired for more than a year. And you can apply for that lesser show. Make sure that you take out your employment authorization card right now. Take a look at when it expires. Count backwards one hundred and twenty two one hundred and fifty days meaning four or five months before it expires is when you should apply to renew it. Don’t do it earlier because it will be denied. Don’t do it later. Take your first opportunity that you can and go ahead and do so.

Now let’s talk about bandwidth with Manuel has darker government wants to deport him.

Government arrested him while he had backup. Put him in removal proceedings and he was in jail for almost a year before we were able to get him out. Now he had some bad legal advice and he made some wrong decisions when he was younger. So let’s let’s go over his background. I mean so Manuel was arrested seven times. That’s a lot in April of 2011 while he was a minor he was arrested for theft. The charges were dismissed. Four months later in August 2011 he was arrested for possessing marijuana. Charges were dismissed. In February 2015. He applied. He was approved for the first time I was his initial application. He now was over the right age. He was able to apply and he was approved because he didn’t have any crimes. In February 2015 he was arrested in Long Branch for criminal trespass that was amended to a municipal ordinance. What’s the relevance. So he pled guilty to something but it wasn’t a crime it was civil in nature. Doesn’t that arrest it and does not disqualify him from Dhaka. Two months later in April 2015 he was arrested for possessing marijuana. Now as an adult. He applied for a program called conditional discharge which means he applied. He was put on probation for a year. At the conclusion of probation if he didn’t violate the terms of probation his charges were dismissed. And that’s precisely what happened. It’s a one time get out of jail free card. You can only do it once in your life. And he used it. You completed the program and he was not convicted of possessing marijuana now in July 2016 he was arrested in Ocean Township for possessing marijuana again. And this time he pled guilty. He had an attorney. That same attorney one month after he pled guilty he pled guilty March 17. In April 2017 he applied to renew his docket. Now his doctor was already expired. The attorney that helped him was apparently defending the criminal charge he allowed and the client allowed docket to expire. He wait until he pled guilty and then he applied to renew it. Now that causes all sorts of problems. Why possession of marijuana is a hundred percent guaranteed denial of Dhaka and all expense paid one way ticket home the moment he pled guilty to that he was going to get deported so now that he was disqualified and his attorney allegedly the immigration attorney applied to renew it. Man Well got fingerprinted three weeks after fingerprinting eyes came and detained him. Now in between that that time he was charged in two more cases of possessing marijuana. In April 2017 in Long Branch and in September to death 17 in Redback. So now his parents came to us and said What do we do. He you know my mom says my son is being detained we don’t understand what happened. We were told everything was fine. Then ICE picked them up. So we started looking at what was going on.

We didn’t understand why his attorney would apply for four Daka when he clearly was disqualified. So we had do some damage control. We ordered the discovery we ordered the information from Ocean Township in its court and we realized that the attorney was defending two people.

The driver in the car which was where and a passenger and it turns out the pass the drugs belong to the passenger.

Not to our client and there are certain safeguards that have to be done.

If an attorney is going to be going to defend two defendants at the same time we pointed out that wasn’t done to the judge. The case was reopened. The passenger went in and applied for the conditional discharge which he received at E.

He essentially was admitting that the drugs were hits and that it was in my words. Why was that relevant. Because now Manuel has no conviction for possession yes he still had two other cases where he was being charged with possession but he wasn’t convicted. So there’s a difference between accusing someone of a crime and of being convicted of a crime. So we applied to renew his doctor. And that was approved USCIS agreed it said yes. An accusation is not the same thing as a conviction. And he was statutorily eligible. Well that’s not a statute. But pursuant to the regulations he was eligible to receive it. Now had he been convicted of those of that crime in Long Branch and in Red Bank of also possession he would immediately lose his doctor now. He was still being detained. We had to go to federal court and ask that a federal judge order his release because at the end of the day he now had darker governments still wanted deport him saying he’s a danger to the community because of these arrests and he had two pending charges. Now in those two pending charges one in Long Branch and one in Red Bank we got them dismissed or downgraded. What does that mean. Means he he. He was not convicted of possessing marijuana. So in total Manuel had seven arrests for purposes of this conversation. Our client is not a man well it’s a fake name. But these facts are real. He was arrested seven times. He was convicted of none of them. None of none of those arrests resulted in a disqualifying crime either individually or in total because to lose Dhaka. Yeah. Or to be disqualified for Dhaka. You must have been convicted of an aggravated felony a crime all turpitude a significant misdemeanour like a DUI or domestic violence or three or more misdemeanors meaning minor crimes. He he was not convicted of three or more misdemeanors nor were any one of those crimes significant immoral or an aggravated felony. So he qualified for DACA. He kept his DACA. But the Government still wanted to deport him. And the government did not want to release him from detention. They were saying listen those arrests alone mean he’s a danger to the community. Normal people quote unquote. That’s what the ice attorney told me. Normal people don’t get arrested seven times. Normal people don’t have access to good attorneys that can get them off of crimes they otherwise committed. This is This is words from the government’s attorney. That’s the position that they were taking. And that’s what they were telling the judge and the judge said essentially my hands are tied. He’s not convicted regulations say he qualifies. He still has Dhaka now. The judge did tell the government’s attorney if he loses Dhaka that’s a different story.

But today he has protection from deportation. And for that reason he released him.

Someone well was let out. Now the government appealed that decision saying the judge did not have authority to release him. That is one of the things that Trump wanted to eliminate with his proposed Senate bill. He wanted to say Doc or CPS is not a protection for deportation. And if the government wants to deport you for whatever reason they’re allowed to do so even though you have DACA or CPS. Monumental difference because man well. Well if he doesn’t have data he doesn’t have anything else. It is only protection to stay in the United States. What. Why would anybody apply for DACA if it doesn’t protect you from deportation the whole bill or the whole process becomes meaningless if I have temporary protected status. It means I have status. But if you can stay if the government can still deport me what’s the point. Why would I come out of the shadows and apply for that. Well you wouldn’t. And that’s why it’s important that everyone listens to this understands what the Trump administration was really trying to do with that Senate bill. Now that bill was not approved. It did not. And we don’t know what direction the negotiations will go. We will have to see. So stay tuned. We will discuss that in the weeks to come. However if you want more information about this or any other legal subject particularly immigration how to become either a US citizen or how to get legal status. Give us a call 8 8 8 8 8 8 0 3 0 7. That’s Triple 8 8 8 8 0 3 0 7. You can find us on Facebook. You can find us on the web at r at unjust medical outcome. Our handle on all our social media platforms is under similar law. I’m on this method and I thank you for joining me in this week’s immigration news on our program an English version of our radio show. Until next time.