Posts

What are the implications of the Surpreme Court's DACA decision?

Since the election of President Donald Trump and Republicans takeover of the Senate, the future of DACA has been in jeopardy .  After the lawsuit against DACA reached the US Supreme Court, all its opponents expected that the Trump Administration will prevail, but they did not.  Here is what it means for you? The decision does not mean that DACA is constitutional or that it cannot be declared unconstitutional if another case makes it to the Court.  All it does is to say that the procedure used to shut it down by against the law. It is not known what President Trump would do.  While unlikely, he may try to shut it down using other measures. In the meantime, if you are a DACA approved DREAMer you can continue to live without fear of being deported. It is not clear if new applications will be allowed or if those whose work permits have expired will be allowed to apply again/renew.  It is also not clear if advanced parole provision will be revived.  Stay tuned for updates on those. In the m

DREAMers banned from HEERF

While DREAMers are eligible for stimulus checks (exception includes those who have someone in their household using an ITIN) and unemployment insurance in some states, it should not be forgotten that they really are not present in the country legally -- DACA merely defers their deportation to a date in the future. Accordingly in the 2020 CARES Act, which established the Higher Education Emergency Relief Fund (HEERF), the money could be used to help students in need due to disruption by coronavirus pandemic.  All illegal immigrant students, including DREAMers with or without DACA status, are banned from receiving this aid.  If you are not able to file FAFSA, you are not eligible.

Does ICE have access to information of DACA approved DREAMers?

Way back in 2012 I had pointed out the worst case scenario for applying for DACA and mentioned that information that you will submit in order to be approved may be used against you.  While there was/is a promise that the information submitted in applications for DACA will not be automatically shared with ICE, I had warned that once you submit any information to any government (not just the US), you really have no control over it. A recent report now confirms that while it takes a few steps to pull up detailed information on any DREAMer has ever applied for DACA , it is possible to do so.  And I am not surprised.  DREAMers have applied for deferment of their deportation , a work permit , and Social Security numbers have had to provide detailed information about them, their families, and have been fingerprinted/ photographed .  It would be naive to think that, if the authorities wish to use this information, they would hesitate to do so. It is important to remember that every time

Can DREAMers get pandemic uneployment insurance?

In addition to DACA approved DREAMers receiving CARES Act stimulus checks of $1,200 , they may also be eligible for the expanded unemployment benefits under the same law.  Here is what you need to know:  It all depends on the state that you live in.  California is the most generous but Republican-controlled states are the least.   Since CARES Act covers many non-traditional workers (e.g. contract workers, self-employed, gig economy workers, etc.), the rules are slightly different, though, in general UI benefits are limited to citizens and other long-term residents.  In other words, check with your state's UI office.  If the information is provided on the website, you will know if you are covered; if not, do not hesitate to call to ask if you are eligible.  The other harmless thing to do is to simply apply; the worst that can happen is that your claim will be denied.  

Will DACA approved dreamers get coronovirus stiumuls checks?

You must have heard of the $1,200 per person payment being sent out to everyone, and yes, it is indeed true that under the provisions of The Coronavirus Aid Relief and Economic Security Act (CARES Act), most people with some limitations on those who make a lot of money, will receive a $1,200 per adult and $500 per child. Accordingly, DACA approved DREAMers will also receive these payments as long as they meet the income qualification (adjusted gross income under $75,000, $112,500 for head of household and $150,000 married -- remember that this is the income after adjustments and not your actual income).  Here are a few things to note: If your DACA status is expired but you have continued to file your taxes for 2018, you should still receive it.  Even though, you are now technically not legally present, the IRS does not know that, and will merely rely on the fact that you have a valid Social Security number and have filed taxes (the information is needed in order to determine

What is the future of DACA in 2018?

It is no secret that the journey of DREAMers with and without DACA has been a roller coaster ride.  There is still no light at the end of the tunnel, but for those of you who are smart enough to plan long term and believe in being proactive rather than reactive, here is what to expect: Do not expect President Donald Trump to sign a path to citizenship legislation as long as he or Mike Pence are around (in case Trump is impeached).  In fact, an amnesty is a very toxic subject for Republicans and increasingly for Democrats. If Democrats end up controlling both houses of Congress after the mid term elections in 2018 (a likely scenario), it is likely that Democrats would want to use that opportunity to strike a deal with the Trump Administration, but as always happened in the past, something will go wrong.  If President Obama and Democrats controlling both houses of Congress could not do it , well, it is highly unlikely that any other combination will succeed. Many lawsuits rela

Work with DACA SSN after expiry of work permit

Because many DREAMers will see their EAD expire starting in March 2018 , they have been asking me if they continue to work using their Social Security numbers or not even tell their employers that their employment authorization document has expired. If you look at your SS card, you will notice that it says "Valid for work only with DHS authorization."  While employers try to do what they can to make sure that their employees have the right documentation to work in the United States, unless they engage in well organized fraud to employ illegal immigrants, there are generally no penalties for them. On the other hand, it is absolutely important for a worker that they work in the US only with proper authorization.  If they are working without papers, they are breaking US law and can be punished.  Indeed, millions of illegal aliens are currently working illegally in the country, but that does not mean that it is legal and there are no consequences. Just because your empl