Immigration Enforcement Policies, Stop Sanctuary Cities Act, Denaturaliz...

Immigration Enforcement Policies:
• Options available to attorneys for individuals that have been picked up by ICE.
• Utilizing Memorandum to release immigrant from Ice custody.
• ICE may utilize discretion to follow Memorandum based on the circumstances of each individual case.
• Small adjustments being made with immigration policies to benefit illegal immigrants such as DACA, Provisional Waivers, and other administrative changes in processing various applications.
Stop Sanctuary Cities Act (Bill in congress):
• Certain number of cities with issues between federal law enforcement and state law enforcement.
• Federal government wants cities to assist enforce federal immigration laws.
• Sanctuary cities are cities that are coordinating with communities to root out the evil doers with the cooperation of illegal immigrants. Therefore enforcement is a lower priority.
• 287(g) program: a push to make cities enforce Federal immigration guidelines. Cities signed the agreement, but enforcement was not plausible.
Priorities Memorandum:
• Terrorists are priority number 1.
• Individuals with serious crimes are priority number 2.
• Individuals with non-serious crimes are priority number 3.
• Focus should be on the serious law violators, and proceed accordingly.
• The law states that immigration violators should be deported, however, the Priority Memorandum states that despite all immigration violators be deported, the deportations should be prioritized in accordance with the available resources.
• Utilization of Policy Memorandum to obtain relief for various individuals who are being targeted by ICE.
Denaturalization based on findings of fraud:
• Denaturalization generally does not happen unless the fraud that was committed concealed information related to national security such as being a member of a terrorist organization, or being a member of the Nazi party.
• The government may not approve the petition of a family member if the government realizes that the petitioner committed fraud in order to obtain citizenship.
• Individuals who apply for citizenship and are found to have committed fraud to obtain their green card, may have their citizenship denied, and if the fraud was serious in nature, the individual may be subject to removal proceedings and deportation.

Cross Chargeability, Filing Immigrant Visa Petitions or not, ID’s being ...

Priority dates:
• A lot of movement for most preference categories in the family preference category.
• Employment based 1st preference is current.
• Employment 2nd preference is current for all other countries except India, China and Philippines.
• Employment 3rd preference is almost current for all other countries except India, China, and Philippines.
• Employment 4th preference is current for everyone.
• Employment 5th preference is current for everyone.
Cross Chargeability:
• Individuals who are in a category that is either progressing slowly or has retrogressed should consider cross chargeability. This is done if a spouse is from another country that is progressing normally or is current.
Filing Immigrant Visa Petitions or not:
• If cross chargeability is not available and person is considering filing a petition or not filing, it is encouraged to file a petition. Priority dates are always subject to change and once in the system, if there is positive movement, a person can take advantage of changes which include CIR.
• Disadvantage of filing is that no casual travel can be done due to the issue of 214(b). The issue of intent has been made once an immigrant visa is filed, therefore applications for non-immigrant visa applications may be difficult to obtain. Alternate option would be to file non-immigrant visa applications such as visitor or student visas before filing an I-130 petition. This would allow for travel back and forth while petition is pending.
ID’s being issued to Illegal Immigrants:
• Certain states are issuing driver license’s and Id cards.
• Obama administration has stated that preferences should be made towards prosecution of illegal immigrants through prosecutorial discretion. Those with serious crimes should be on the top priority including terrorists, and those will only immigration infractions should be on the bottom of the list.
• Talks of immigration reform and addressing illegal immigration, as well as reforming legal immigration programs. Suggestions should have a balance of addressing both.