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Friday, July 17 2020

The claim: Trump banned welfare for some immigrants, which will save $57.4 billion a year

President Donald Trump's agenda has fueled a stream of immigration-related misinformation. 

A claim that Trump banned welfare for immigrants in the U.S. illegally, which will save $57.4 billion per year, has circulated on Facebook and resurfaced in late May. But this claim is false for a couple of reasons.

First, Trump didn’t ban welfare for immigrants in the U.S. illegally. Undocumented immigrants have been ineligible for most federal programs since before Trump took office. 

Second, the “$57.4 billion” figure comes from a 2017 study that measured the economic cost of general public services at the state and local level of immigrants who came to the country both legally and illegally and their children. So this measurement includes all immigrants, not just those here illegally, as the Facebook post claims. Researchers attributed most of the $57.4 billion to education, PolitiFact reported.

Examining '$57.4 billion' 

The National Academies published in 2017 a 618-page report by the Committee of National Statistics that details the economic impact of immigration in the United States.

The report averaged data from 2011-13 and concluded that first-generation immigrants (foreign-born residents) and their dependents (children) cost state and local governments $57.4 billion, with most of the expense going to education. 

But researchers relied on data from the Census Bureau’s Current Population Survey, which according to the professor who chaired the panel of researchers, barred them from differentiating between types of immigration, PolitiFact reported. So their estimate includes immigrants who came to the country legally and illegally. That's not what the Facebook user claimed.

The report noted “the second and third-plus generation individuals (and their children) create benefits of $30.5 billion and $223.8 billion. … Note that the surplus revenues raised amount to $197 billion, which equals the surplus across all 50 states. ... By the second generation, immigrants are a net win for the states as a whole, given that they have fewer children on average than first generation units and are contributing in revenues more than they cost in expenditures.”

Some immigrants have been ineligible for most social services

Congress has long restricted immigrants’ access to public benefits. A federal law in 1882 established that immigration officials should deny entry to any person likely to become a "public charge."

That attitude prevails.

“Undocumented immigrants, including DACA (Deferred Action for Childhood Arrivals) holders, are ineligible to receive most federal public benefits, including means-tested benefits such as Supplemental Nutrition Assistance Program (SNAP, sometimes referred to as food stamps), regular Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF)," the National Immigrant Forum, a nonprofit that advocates for immigration reform, explains on its website. "Undocumented immigrants are ineligible for health care subsidies under the Affordable Care Act (ACA).”

You can read more on PUBLIC CHARGE issues by clicking here...

Posted by: Christopher M. Pogue, Esq AT 03:15 pm   |  Permalink   |  Email
Friday, July 17 2020

The Trump administration must begin accepting new applications for the Obama-era program that shields undocumented immigrants who came to the US as children from deportation that do not have a criminal record, a federal judge ruled Friday.

The order comes nearly a month since the Supreme Court blocked the Trump administration's attempt to end the Deferred Action for Childhood Arrivals program. That ruling emphasized that the administration failed to provide an adequate reason to justify scrapping DACA.

Judge Paul Grimm of the US District Court for the District of Maryland said Friday that the program is to be restored to its "pre-September 5, 2017 status," meaning the status quo before President Donald Trump tried to terminate it, thereby giving hundreds of thousands of DACA-eligible immigrants the opportunity to apply.

However it may still be wise before filing a new, first time DACA application to wait until there is better guidance issued by USCIS to ensure proper filing. 

To qualify for DACA one must:

  1. Have entered the United States under the age of 16,
  2. Be currently enrolled in school, have graduated high school (or GED), OR willing and eligible to serve in the military,
  3. Have been in the United States since June 15, 2007, AND
  4. Have a minimal criminal record. (No felonies, DUI's, or high-level misdemeanors. Minor traffic and most minor misdemeanor crimes should not cause a problem.)

To learn more about filing for DACA click here...

Posted by: Christopher M. Pogue, Esq AT 02:57 pm   |  Permalink   |  Email
Friday, July 10 2020

Expect Delays in EAD/AP card and Green Card Production. USCIS litterally turned off the printing presses in June.

Without telling Congress, the Trump administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.

In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.

Of the two facilities where these credentials were printed, one, in Corbin, Ky., shut down production three weeks ago. The other facility, in Lee’s Summit, Mo., appears to be operating at reduced capacity.

Some 50,000 green cards and 75,000 other employment authorization documents promised to immigrants haven’t been printed, USCIS said in a statement. The agency said it had planned to escalate printing but that it “cannot speculate on future projections of processing times.” In the event of furloughs — which the agency has threatened if it does not get a $1.2 billion loan from Congress — “all agency operations will be affected.”

The original article can be found here:

Posted by: Christopher M. Pogue, Esq AT 01:13 pm   |  Permalink   |  Email
Tuesday, July 07 2020

SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020 semester

WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.

Temporary exemptions for the fall 2020 semester include:

  1. Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
  2. Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.
  3. Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses.

Schools should update their information in the Student and Exchange Visitor Information System (SEVIS) within 10 days of the change if they begin the fall semester with in-person classes but are later required to switch to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load. Nonimmigrant students within the United States are not permitted to take a full course of study through online classes. If students find themselves in this situation, they must leave the country or take alternative steps to maintain their nonimmigrant status such as a reduced course load or appropriate medical leave.

Due to COVID-19, SEVP instituted a temporary exemption regarding online courses for the spring and summer semesters. This policy permitted nonimmigrant students to take more online courses than normally permitted by federal regulation to maintain their nonimmigrant status during the COVID-19 emergency.

F-1 nonimmigrant students pursue academic coursework and M-1 nonimmigrant students pursue vocational coursework while studying in the United States.

Posted by: Christopher M. Pogue, Esq AT 04:21 pm   |  Permalink   |  Email
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