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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: https://www.washingtonpost.com/opinions/how-the-trump-administration-is-turning-legal-immigrants-into-undocumented-ones/2020/07/09/15c1cbf6-c203-11ea-9fdd-b7ac6b051dc8_story.html

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
Tuesday, June 23 2020

Families, including those with US citizen children, are being separated. Business will suffer significantly.

No respectable democracy in the world is doing this. Why is the US doing this? Japan's unemployment rate is less than 3% right now. What do you think the US unemployment rate is right now?

Who you vote for matters. Hindsight is 20-20. When you elect a clown, don't be surprised if your country becomes a joke.

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President Trump issued a proclamation continuing Proclamation 10014 of April 22, 2020, and suspending and limiting the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas:

(a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual;

(b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and

(c) an L visa, and any individual accompanying or following to join such individual.

The proclamation shall apply only to any individual who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any individual who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii) any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv) any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:

• are critical to the defense, law enforcement, diplomacy, or national security of the United States;

• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;

• are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;

• are necessary to facilitate the immediate and continued economic recovery of the United States; or

• are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.

Discretion: The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.

The proclamation is effective immediately, and shall expire on December 31, 2020, and may be continued.

Posted by: Christopher M. Pogue, Esq AT 07:56 am   |  Permalink   |  Email
Wednesday, June 10 2020

Their centuries-old faith tradition of nourishing anyone in need has found new energy and purpose in America’s turmoil.

Many Sikh's first arrived in the America as Asylum Seekers starting in the 1980's, and more recently through traditional family and employment immigration routes.

An essential part of Sikhism is langar, the practice of preparing and serving a free meal to promote the Sikh tenet of seva, or selfless service. Anyone, Sikh or not, can visit a gurdwara and partake in langar, with the biggest ones — like the Golden Temple in Amritsar, India — serving more than 100,000 people every day.

The Sikhs’ biggest challenge isn’t keeping up with demand. It’s letting people know that they’re here — without making a big show of it or proselytizing, which is forbidden.

At least 80 gurdwaras in the United States are now providing food assistance. For many, the transition has been quick and seamless.

At many gurdwaras in the United States, most of those who show up for langar meals are Sikhs. Now that they are catering to a broader population, menus have changed to suit different tastes. In the Seattle area, volunteers at the Gurudwara Sacha Marag Sahib are making pasta and tacos in addition to rice and dal.

“The concept of langar is to serve the needy,” Mr. Pal Singh said. Before the pandemic, he said, most people participating in langar were local Sikhs coming more for social and religious reasons than out of need. The drive-through and deliveries will allow them to put meals into the hands of people who struggle to afford to eat.

Read the full article here at the NYTimes...

Posted by: How to Feed Crowds in a ProtestChristopher M. Pogue, Esq AT 07:24 am   |  Permalink   |  Email
Sunday, May 31 2020

https://www.forbes.com/sites/lisettevoytko/2020/05/31/in-some-cities-police-officers-joined-protesters-marching-against-brutality/#25e111285edb

As protests sparked by George Floyd’s death entered their chaotic fifth day, social media filled with images and video of police officers using batons, tear gas and rubber bullets to quell crowds⁠—but some squads joined in with Saturday protesters to express their stance against police brutality, and to show solidarity with the anti-racism movement.

“We want to be with y’all, for real. I took my helmet off, laid the batons down. I want to make this a parade, not a protest,” Genesee County Sheriff Chris Swanson was seen telling protesters in Flint, Michigan, before he joined the assembled crowd to march, eliciting cheers.

Officers in Camden, New Jersey, helped carry a banner reading “Standing in Solidarity,” and seemed to join in with the crowd chanting “no justice, no peace.”

In Santa Cruz, California, Police Chief Andy Mills took a knee with protesters in the pose made famous by Colin Kaepernick, with the department tweeting it was “in memory of George Floyd & bringing attention to police violence against Black people.”

Two Kansas City, Missouri, police officers⁠—one white man, one black man⁠—were photographed holding aloft a sign reading “end police brutality.” 

In Fargo, North Dakota, an officer was seen clasping hands with protest organizers while holding up a sign reading “We are one race... The HUMAN race.”

Officers in Ferguson, Missouri, participated in a nine and-a-half minute kneel in Floyd’s memory, with cheers erupting from the crowd.

Perhaps some within USCIS / ICE / CBP will take a knee next in recognition that many of the current policies they are forced to implement under the current administration are driven by racism and xenophobia? One can hope.

One can hope.

Posted by: Christopher M. Pogue, Esq AT 10:41 am   |  Permalink   |  Email
Monday, May 18 2020

US Citizenship and Immigration Services (USCIS) is asking Congress for a $1.2 billion bailout. The agency claims it will run out of money by the end of the summer without aid due to a decline in immigration caused by the coronavirus pandemic.

Unlike other federal agencies, USCIS receives almost no taxpayer dollars, and is dependent on fees associated with filing applications for green cards, visas, work permits, US citizenship, and humanitarian benefits such as asylum. The pandemic has already brought on a “dramatic decrease” in its revenue that is only likely to worsen as applications are estimated to drop by about 61 percent through September, an agency spokesperson said. President Donald Trump’s restrictions on immigration, other countries’ restrictions on travel and the fact that necessary government offices aren’t open to process applications have all contributed to this decline.

To mitigate the budget shortfall, USCIS is planning to implement an additional 10 percent surcharge on all applications and sought Congress’s help on Friday, Buzzfeed’s Hamed Aleaziz first reported. The agency has also already limited spending to salary and mission-critical activities, but “without congressional intervention, USCIS will have to take drastic actions to keep the agency afloat,” the spokesperson said.

Why USCIS is facing a funding shortfall

Immigration has come nearly to a standstill over the past two months. The Trump administration has shuttered USCIS offices, closed consulates abroad, shut down the borders with Canada and Mexico and imposed a 60-day ban on the issuance of new green cards. Asylum processing at the southern border has also practically stopped, as Trump administration officials implemented a program to rapidly return migrants to Mexico without so much as a health exam.

While brought on by the pandemic, this kind of decrease in legal immigration is what Trump has long sought. He has railed against what he calls “chain migration,” referring to US citizens or permanent residents who sponsor their immigrant family members for visas and green cards. And he has sought to keep poor immigrants out by proposing to reject those who don’t have health insurance or who might use public benefits in the future. (Courts have blocked the restrictions on immigrants without health insurance from going into effect for now, but the policy affecting immigrants who might go on public benefits went into effect in February.)

USCIS hasn’t released data on how many applications it has received since the pandemic started, but has acknowledged applications are on the decline. The latest available comprehensive data, from October 2019 to December 2019, had actually shown a spike in applications — more than 1.9 million, as compared to 1.7 million in the preceding three months.

Applications dipped in March as compared to the same month last year across several temporary visa categories, including visas for people transferring within a multinational company, those who show extraordinary ability or achievement in particular industries, athletes, entertainers, and religious workers. It’s likely that applications plunged even further in April as the US instituted immigration restrictions and stay-at-home orders, and as economic opportunities dried up.

USCIS’s funding shortfall could be exacerbated as Trump weighs additional restrictions on temporary visa holders in the coming weeks. The New York Times reported that he is considering barring the issuance of new employment-based visas, such as H-1B visas for skilled workers and H-2B visas for seasonal non-agricultural workers, as well as ending a program that allows foreign students to work in the US for up to three years post-graduation.

Find the original article here: https://www.vox.com/2020/5/16/21260966/uscis-bailout-coronavirus-immigration-agency And read more here: https://www.nytimes.com/2020/05/17/us/immigration-agency-uscis-budget.html

Posted by: Nicole Narea AT 09:13 am   |  Permalink   |  Email
Friday, May 01 2020


In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30 to assist applicants and petitioners who are responding to certain:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date: This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1 and July 1, 2020, inclusive.

Response Due Date: USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action. USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. 

Posted by: Christopher M. Pogue, Esq AT 10:06 am   |  Permalink   |  Email
Friday, April 24 2020

USCIS is readying offices to reopen on OR after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. 

When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.

Our firm strongly suspects that different offices around the country will open and close on a continual basis for the foreseeable future. Up to date office specific openings and closures can be found HERE.

Posted by: Christopher M. Pogue, Esq AT 02:47 pm   |  Permalink   |  Email

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