ILC .IMMIGRATION .LEGAL .RESEARCH .. .. Samuel A. Sue .. & .. Elle Cox, ..Attorneys at Law




for more information, see







November 20, 2014








PARENTS OF U.S. CITIZENS / PERMANENT RESIDENTS & INDIVIDUALS WHO CAME TO THE U.S. BEFORE THEY WERE 16 - who were in the U.S. before Jan. 1, 2010 and have minor or no criminal records

















SOUTHERN BORDER - Unity Of Effort Initiative Details - Coast Guard, CBP, ICE joining to form Joint Task Force East, Joint Task Force West, and Joint Task Force Investigations - Making Another Layer Of Supervision And Coordinating Reports Of These Agencies


ENFORCEMENT PRIORITIES - EFFECTIVE JANUARY 5, 2015 - PREVIOUS ENFORCEMENT MEMOS RESCINDED: Morton Memo of March 2, 2011 Rescinded; Vincent Memo of November 17, 2011 Rescinded; Civil Immigration Enforcement: Guidance On The Use Of Detainers In The Federal, State, Local, And Tribal Criminal Justice Systems of December 21, 2012 Rescinded; National Fugitive Operations Program: Priorities, Goals, And Expectations of December 8, 2009 Rescinded. PRIORITY ONE: FNs at the border, FNs with agg. fel. or 'felony' convictions (unless immigration status is an element of the crime), FNs with convictions for participating in an active street gang or a conviction of participating in organized crime gang after 16 years of age, and FNs w/ national security issues. PRIORITY TWO: FNs with 3 or more misdemeanor convictions, other 'significant misdemeanor' conviction(s) to include the same list that applied in initial DACA regs and any other misdemeanor that results in 90-day conviction (time to be served in custody), and/or illegal re-entrants not here before January 1, 2014. PRIOIRTY THREE: FNs ordered removed after January 1, 2014. DETENTION PRIORITIES: Priority goes to mandatory detainees and *not* for those suffering from physical or mental illness, disabled, elderly, pregnant, nursing, caretakers (of children), or infirm, LIMITED APPEALS: No due process rights attach.


PRIORITY ENFORCEMENT PROGRAM (End Of 'Secure Communities') - DETAINERS: Some Federal Courts have rejected state & local authority to detain on ICE holds though ICE detainers for those with final removal orders and/or other probable cause are still recognized and allowed under the Memo. NOTIFICATION REQUESTS: ICE Detainer requests are not ICE Notification requests, requesting for notification of impending release while the FN is still in criminal custody.TRANSFERS: State & Local governments are still to provide biometric information on those in custody and ICE should transfer those convicted of crimes that would make them a 'high priority' or a 'middle priority' for reasons or 3 or more misdemeanor convictions or a 'serious misdemeanor' conviction.


ICE PERSONNEL - Update ERO job classifications to account for danger involving confronting those who are national security and public threats as well as management issues involved in coordinating efforts with foreign agencies, local governments, etc. and calibrate premium pay on the same basis. LEAP funds are available. Job classification reviews to be completed December 2014.


EXPANDED DEFERRED ACTION TO INCLUDE PARENTS OF USCs & LPRs AND MORE DACA RECIPIENTS - AUTHORITY TO DEFER ACTION: Deferred Action does not confer any sort of legal status; Deferred Action is referenced in several statutory provisions of the INA; DAP (for parents): For those who have a son or daughter who is an LPRs or USCs who were/are in country on January 1, 2010, on November 20th, and while application is pending, who have no lawful status on November 20, 2014, and are not otherwise a 'priority' (see Removal Enforcement Memo); applications to be accepted no later than 180 days after announcement. DACA EXPANSION: Expanded to include those in country on or before January 1, 2010, who entered the U.S. before they were 16 (regardless of their current age), and who are not otherwise a 'priority.' Applications to be accepted no later than 90 days after announcement. All DAC & DAP grants will be for 3 years. PROCEDURAL ISSUES: All cases in proceedings for those who fit the new criteria are to be administratively closed or terminated for USCIS adjudication of the DAP / DAC application; those under current removal orders are also eligible. LIMITED APPEALS: No due process rights attach.


EXPANDED PROVISIONAL WAIVERS - 601As - EXPANDED ELIGIBILITY: Initially only spouses and children of USC were eligible to submit I-601A waivers, but that is not expanded to include spouses and children of LPRs and adult sons and daughters of USCs & LPRs. CLARIFICATION OF THE 'EXTREME HARDSHIP' STANDARD: To include consideration of family ties in the U.S. and country of removal, conditions in the country of removal, age of USC / LPR spouse or parent, length of residence in the U.S., relevant medical and mental health conditions, financial hardships, and educational hardships. Factors that create a presumption of hardship factors will also to be provided.


PAROLE FOR ENTERPRENEURS & STUDENT/ BUSINESS VISA REFORMS - WORK AUTHORIZATION FOR SPOUSES: Final Rule for work authorization for H4 spouses of H1b visaholders who have been approved for employment-based LPR status cited as forthcoming. REFORMS Re: TRACKING VISA AVAILABILITY: State Dept. will reformat Visa Bulletins to show # of visas available / issued for each quota category; USCIS will implement provisions allowing visa numbers to remain current during change of employer or positions. OPT CHANGES: USCIS to designate other degree programs to be eligible for the 17 additional months of OPT (other than the STEM programs already eligible) and extend the OPT period available for STEM graduates; stronger ties between a student's degree and his/her OPT work should be required; and ICE & USCIS should implement procedures to safeguard U.S. workers are not harmed by these extensions and availabilities. (NOTABLY, DOL NOT CITED). REFORMS TO THE 'NIW' CATEGORY: USCIS guidance shall issue that further clarifies when an NIW waiver of U.S. employer sponsorship can be invoked, with the understanding that the NIW waiver is currently underused. 212(d)(5) REFORMS ON I-140 PORTABILITY: USCIS will issue a memo clarifying which jobs are considered to be 'same or similar' that allows LPR applicants to change jobs while waiting for employment-based visa availability; the guidance will clarify that taking on supervisory duties (via a promotion) or changing jobs within the same industry will not risk abandonment of their approved labor cert. PAROLE REFORMS: 212(d)(5) parole is to be made available to researchers, inventors, and founders of start-up enterprises who have receiveed U.S. financing or show promise of job-creation through development of new technologies or cutting-edge research. Income and resource threshholds to apply, as is the case with student visas, to ensure federal welfare benefits will not be required. L1B VISA REFORMS: USCIS to issue a emo re: "specialized knowledge" to enhance consistency in adjudications and employers' confidence in the program.


PAROLE-IN-PLACE & DEFERRED ACTION - Expansion of PIP program that currently covers family of U.S. service members and veterans to also cover family members of USCs and LPRs who seek to enter the U.S. Armed Forces; also Deferred Action eligibility for family members who have fallen out of status but where initially entered on legal status.


EFFECT OF ARRABALLY & ADVANCE PAROLE FOR DEFERRED ACTION RECIPIENTS - Department's General Counsel to write legal guidance to clarify that all individuals who leave the U.S. pursuant to a grant of advance parole have not made a 'departure' for purposes of 212(a)(9) (B)(i).


PROMOTING NATURALIZATION EFFORTS - Credit card processing of natz. fees by the end of 2015; feasibility study for a 50% fee waiver to be available for those with annual income falling between 150% and 200% of the poverty line; support partners and roll out media campaigns to encourage naturalization to the 10 states where 75% of the LPRs in the U.S. currently live.


Pre-Registration For Travel / Work Authorizations After I-140 Approval That Was Mentioned In Briefings Has Yet To Show Up In The Memos


ICE IMPLEMENTATION OF THE PRESIDENT'S IAEA - Procedures to follow for clients in detention and/or with final orders of removal.





Original Content © Copyright J. Elle Cox, Immigration Law Counsel 2015. All rights reserved.