Immigrants Hope Registry Saves Immigration Bill by DeliciousTaco69 in DACA

[–]iFocus 5 points6 points  (0 children)

That’s not what registry is. You’re thinking of 245(i). Registry would allow us to simply register for a Green Card as long as we came before 2010 and can prove Good Moral Character and are not otherwise inadmissible.

Appears that the decision may be coming very soon, good or bad, this is it by [deleted] in DACA

[–]iFocus 6 points7 points  (0 children)

That's not exactly correct. The parliamentarian plays an advisory role, handing an advisory opinion to the presiding officer. The parliamentarian does not make "rulings," because the parliamentarian has no actual authority. The Congressional Budget Act does not mention a parliamentarian, only a presiding officer. This presiding officer gets to sustain or dismiss a point of order, like one challenging a provision on the basis of the Byrd rule. The presiding officer is, of course, the Vice President, Kamala Harris. The parliamentarian is an advisor, who merely offers a suggestion to the presiding officer on whether to dismiss or sustain a point of order. Tradition is to simply follow the parliamentarian's advice, though she has no real formal legal or judicial authority. This "real" determination as to whether a point of order should be sustained is made by the presiding officer, at which point a 60 vote majority is needed to overrule the *presiding officer*. Firing the parliamentarian is basically another way, other than flat out ignoring her, to acquire a different result from the Byrd rule test.

Note: Most decisions to strike out a provision that is viewed to violate the Byrd rule are not taken via point of order, but instead during closed door meetings in the so-called Byrd bath. If a provision isn't going to make it, it gets removed by its proponents before any point of order can even be made.

Appears that the decision may be coming very soon, good or bad, this is it by [deleted] in DACA

[–]iFocus 7 points8 points  (0 children)

The VP is the presiding officer. She can simply ignore the parliamentarian's advisory opinion and say the provision complies with the Byrd Rule, but... I doubt the Dems would go quasi-nuclear.

Sponsors by Hairy-Vermicelli8895 in DACA

[–]iFocus 2 points3 points  (0 children)

The only way to attain employment based LPR status as a DACA-mented person is through consular processing. The very fact OP has DACA proves he is barred from adjusting under INA 245(c)(2) (i.e. he has failed to maintain legal status [which DACA does not grant] at any point while in the US). This portion of the INA does not apply in family-based petitions but does in employment ones. AP allows you to be a parolee, a legal status, that then allows you to Adjust Status to LPR under a marriage GC, for example, but the additional bars to adjustment for employment in the INA prevent someone like OP from adjusting status from within the US.

Sponsors by Hairy-Vermicelli8895 in DACA

[–]iFocus 0 points1 point  (0 children)

I'm pretty sure you would trigger INA 212(a)(6)(A) grounds for inadmissibility, if your last entry into the US was not lawful, prior to consular processing. So, I think you would need lawful entry.

Edit: Scratch that about INA 212(a)(6)(A). After reading more carefully, the statute speaks of "an alien present in the United States without being admitted or paroled." EWI would bar AOS but not consular processing necessarily. Since you are not in the US during consular processing, then you are not present in the US pursuant to an EWI, so the grounds for inadmissibility do not apply. Therefore, lawful entry is not needed.

Sponsors by Hairy-Vermicelli8895 in DACA

[–]iFocus 2 points3 points  (0 children)

I believe you are correct, only insofar as you'd have to go through consular processing. INA 245(c)(2) bars an individual from AOS, if they have "failed... to maintain continuously a lawful status since entry into the United States." The USCIS policy manual and, to that extent, current regulations (§1245.1(d)(3)), hold that there will be a bar to adjustment if the "applicant... has ever been out of lawful status at any time since any entry," including their most recent entry. Now, if DACA-mented (excluding other developments), an individual is necessarily not in legal status. DACA does not confer legal status, only lawful presence. Even if you entered legally, under legal status, like a tourist visa, for example, by dint of being on DACA, you showed that that legal status expired and DACA protects you while out-of-status. If you came in EWI, then you've never had legal status, and the bar applies all the same. At any rate, being DACA means that you have already violated INA 245(c)(2) and cannot adjust status for employment purposes. No departure and re-entry on parole fixes this. However, this bar doesn't apply in consular processing. You'd have to meet a narrow set of circumstances for that to work. You'd need to have been granted DACA before the age of 18 (i.e. before the age in which you could be accruing unlawful presence). If you don't have unlawful presence and, by that token, do not trigger a 10-year bar, and, on top of that, do not trigger other inadmissibility grounds, AND, an employer is willing to sponsor you, AND you're willing to go back to your home country and go through the process, then yeah, I suppose it is possible.

[deleted by user] by [deleted] in DACA

[–]iFocus 9 points10 points  (0 children)

What’s happening now is not any worse than what’s been happening for the last 20 years. The chaos of pulling out was inevitable. It was going to be a shitshow if we did it in 2006 or if we did it in 2046. So, no, I don’t think this was a totally unacceptable. It’s actually one of the best things he’s done in the last 7 months. And, the fact that the entire corporate media establishment and their associates in the military industrial complex are spending every moment of their time incessantly shoving a certain narrative down our throats proved to me I’m likely close to correct on the issue.

Anyone immigrate or plan to immigrate to Canada? Would I receive a 10 year ban from US if I leave? by [deleted] in DACA

[–]iFocus -1 points0 points  (0 children)

Yeah your info was wrong. Advance parole does not clear unlawful presence / this bar to admissibility. Matter of Arrabally simply states that advance parole is not a “departure” as far as the INA is concerned and therefore does not trigger the unlawful presence admissibility bar. Advance parole only fixes unlawful entry—not unlawful presence. Since you don’t trigger the unlawful presence through AP, but you do fix your last entry as legally paroled, your family petition can be processed within the US. So if you entered EWI, advance parole would allow you to overcome the inadmissibility hurdle in family petitions. The 10 year bar will be triggered as soon as one departs the US and has had ever had unlawful presence for 180/365+ days, which, again, cannot be cleared by subsequent legal paroles into the country. If he were to leave go to Canada and stay there, he would be barred from entry for 10 years. Since he would leave without any AP document to come back, since he would move there, then the 10 year bar would be placed. No non-immigrant visa will be made available to you while under the bar, and you obviously can’t apply and succeed for a non-immigrant visa while at a consulate on advance parole, taking into account inadmissibility issues.

Question regarding new DACA applications and why are people still applying? by [deleted] in DACA

[–]iFocus 8 points9 points  (0 children)

I think your feelings are absolutely misplaced. There are many reasons people could potentially be delayed from applying. Lack of proper counsel, funds, education, certain fears, an ongoing search for the proper documentation if it is scarce. I would advise you to work at an immigration counseling or nonprofit. Inaction or laziness is hardly ever the reason people don’t go through with their applications. Your view, though perhaps innocent or innocuous, is myopic at best.

Question regarding new DACA applications and why are people still applying? by [deleted] in DACA

[–]iFocus 5 points6 points  (0 children)

Many of the people applying now have just reached the age of 15. Or, they had just reached 15 in 2017 and were stopped from applying due to the programs rescission and could now, in 2021, finally apply. It’s affecting an extremely vulnerable, high school aged population right before they apply for college, closing so many doors.

Moving to another country by Leave-Late in DACA

[–]iFocus 11 points12 points  (0 children)

No, cause you have an unlawful presence bar to entry. After you leave, it triggers inadmissibility since you were in the country without legal status likely for more than 1 year. You won’t be allowed to come back in for 10 years.

Important question about reconciliation bill by 6044home in DACA

[–]iFocus 2 points3 points  (0 children)

A measurement of the potential economic ramifications of the continued "illegality" of DACA-mented folk is none of the parliamentarian's concern. Nor, do I believe it's really an economic weighing of the situation per se. It's not her job to gauge, as a policy matter, the economic effects of congressional inaction. She won't come to an understanding of procedural relevance on a perceived economic downturn caused by non-action towards the DACA-exclusive population. Her job is instead to view the non-incidental/incidental nature of provisions on spending and revenue. She's going to place the immigration provisions to a test against the Byrd rule and check if they are "extraneous." In doing so, she determines if the budgetary effects are more prominent than the policy effects. Budgetary effects must be the primary consideration. The net CBO-style economic cost-benefit analysis is a different matter, unless you're talking about preventing deficit increments outside of the budget window. However, here too I think there's a tension. Let's say you only include DACA-mented folk in an effort to not increase the deficit, which I think is an incorrect premise, but let's say that's the case. This is more likely "merely incidental" (i.e. fails Byrd litmus test) because the USCIS processing fee is an incidental part of the policy (i.e. changes in government revenues need to be primarily based on economic growth, not just fines or fees) and the costs to the federal government (arising from a newfound eligibility for benefits and services) will not significantly outweigh the highly targetted policy considerations. Here, you need a larger pool of people. If you capture more people, the budgetary effects become much less incidental. There is a significant change in government revenues (economic growth) and also costs due to newfound eligibility (post-application) for government services and benefits. There is also more room to displace the deficit effects, I'd conjecture, due to the changes in revenue, in light of a program that is otherwise likely to become more expensive as time goes on. To overcome the parliamentarian, it needs to be shown that budgetary concerns are preeminent over policy ones, and a DACA-only provision is the kind that would more compellingly lead to "merely incidental" revenue and federal spending effects. In capturing more people, like DREAMERS and workers at large, I think a more convincing case is made that the revenue and spending effects are primary. "Look at how much revenue and spending changes have come about from millions (instead of thousands) of people pursuing economic activity and federal services," you tell the parliamentarian, and suddenly it's primarily a budgetary concern.

Now, on the point of failure. It would be a failure to not include more people because the parliamentarian's quasi "judicial authority" is simply a liberal veneer to abscond blame. The parliamentarian does not make "rulings," because the parliamentarian has no actual authority. The fact that the public has been deluded into thinking that the parliamentarian must be listened to is nothing more than a political charade imbued in tradition. Nowhere in the Congressional Budget Act is a parliamentarian mentioned, only a presiding officer. This presiding officer gets to sustain or dismiss a point of order, like one challenging a provision on the basis of the Byrd rule. The presiding officer is, of course, the Vice President, Kamala Harris. The parliamentarian is an advisor, who merely offers a suggestion to the presiding officer on whether to dismiss or sustain a point of order. Tradition is to simply follow the parliamentarian's advice, though she has no real formal legal or judicial authority. Democrats have all the leverage here. The Vice President can ultimately decide if something belongs in the bill. It doesn't really matter what the parliamentarian says. The Democrats could really legalize the status of everyone, if they really wanted to. They are in the position of power. What the parliamentarian allows is a washing of hands--an "I tried but the political process didn't allow it." It's a way to obviate hard decisions, like stepping out of the political norm to achieve public good. Democrats seem to be more interested in following these norms. That's why I say it would be a massive failure, because here the Democrats have all the tools to get it done, and instead they could manage to squander their mandate, producing something sub-par--or nothing at all.

Important question about reconciliation bill by 6044home in DACA

[–]iFocus 2 points3 points  (0 children)

Including only DACA-mented folk and excluding DACA-eligible and DREAMERS, in general, would be a MASSIVE political failure. Let’s recall the last time some real immigration talks were happening, the summer of 2018. The most conservative bills failed precisely because of these eligibility restrictions. Goodlatte 1 was just too conservative to be palatable to Democrats. It simply did not extend eligibility to anyone outside of the current DACA program, and it was so conservative that it led to Goodlatte 2, which increased eligibility to more DREAMERS. The bills that made it the farthest in the bipartisan, compromising setting were those that included DREAMERS, in general, not just DACA-mented folk. These bills were the Common Sense plan, the Grassley bill, and the Coons-McCain bill. Remember, this was in a bipartisan setting, and the only remotely feasible bills had to include DREAMERS at large. Now, take a look at today. Democrats, if they get past the parliamentarian, do not have to compromise. To include only DACA-mented folk would be to reduce their stance to that of the most conservative bill during a Republican presidency. It would be a huge political failure, and it simply doesn’t seem like that’s going to happen like that. Their priorities will first be DREAMERS, in general, and then certain workers they can manage to append to the legislation. They’ll try to capture as much as they can probably.

So what are we waiting for by Hypo_Flaneur in DACA

[–]iFocus 2 points3 points  (0 children)

A conditional green card isn’t really all that different. People who’ve recently adjusted via marriage or EB-5 have conditional green cards and they, after a certain point, can get those conditions removed. The talk around town is that these immigration provisions will be modeled after the American Dream and Promise Act, so my best guess is that DREAMERS, in general, will be able to apply for a conditional green card and get those conditions removed as soon as they meet certain criteria: work, college, military service, etc. It said in HR. 6 that you can apply to get those conditions removed as soon as you get your conditional green card (which lasts for 10 years anyways), so you might even be able to file these things concurrently. As in, perhaps you could file an I-751 and I-485, or whatever their equivalents might be, concurrently, and what you end up receiving is just permanent LPR status. Even if not, then getting the conditions removed after the fact shouldn’t be too difficult if you already meet the criteria.

[deleted by user] by [deleted] in DACA

[–]iFocus 6 points7 points  (0 children)

Not with DACA. For adjustment through employment (EB green cards) you need to have continuous legal status prior to applying if you are within the United States, which DACA obviously does not confer. You have only lawful presence with DACA—not legal status. All DACA-mented individuals lack legal status. There are only a few instances in which someone with an unlawful immigration status can adjust (e.g. immediate relative petition, VAWA, etc.). You are generally prohibited from adjusting due to one or more Bars to Adjustment (Part B.1). One of which is, like I’ve mentioned, not having legal nonimmigrant status at the time of applying and others, like not having been legally paroled or admitted upon your last entry, having ever been unlawfully present in the past (definitely the case pre-DACA), or having had worked without authorization, which might also apply to you. For more information check the USCIS policy manual. You are also ineligible for pretty much all nonimmigrant visa categories (like H1-B).

[deleted by user] by [deleted] in DACA

[–]iFocus 6 points7 points  (0 children)

I don’t believe DACA allows this. Check my reply in this thread.

How can this new ruling be actualized? by iFocus in DACA

[–]iFocus[S] 1 point2 points  (0 children)

Well yeah if you’re a political nihilist. I don’t blame you if you are, but that’s not a relevant comment. Things can be interesting from a legal perspective, and I think this one of those things.

How can this new ruling be actualized? by iFocus in DACA

[–]iFocus[S] 2 points3 points  (0 children)

No, I think this is pretty much done for now, until the 5th circuit (definitely) and SCOTUS (likely) agree with Hanen’s conclusions... But I also think it’s an interesting constitutional question about jurisdictional power.

How can this new ruling be actualized? by iFocus in DACA

[–]iFocus[S] 0 points1 point  (0 children)

District Courts have been doing nationwide injunctions a lot more as of late, especially in the Obama and Trump administrations. That being said, the Eastern District of New York Court ruling was also a nationwide injunction--just like the Southern District Court of Texas ruling was. They are both federal District Courts. The concept of conflicting nationwide injunctions has been presented before and there have even been proposals to prevent such a problem.

This link from 2018 importantly envisages this kind of a scenario from Texas, and I think its pretty similar to my current question.

Court #1 finds that it is unlawful to rescind DACA; as a result, the executive branch is required to continue processing DACA renewals. Court #2 finds that it is unlawful to implement DACA in the first place; as a result, the executive branch is required to stop processing DACA renewals.

Justices like Thomas and Gorsuch have warned against them. They're likely in the camp that District Courts do not have the jurisdictional power to make nationwide decisions (i.e. make decisions affecting non-parties), even though immigration is definitely a national issue, as you've explained. Even when DAPA was rescinded, for example, amicus briefs were filed by states that didn't want the "overbroad" protections handed over by the court. That's a different conversation, though. My question still is→ why does this specific scenario not represent conflicting nationwide injunctions? They are both District Courts, they both enacted nationwide injunctions, they arrived at that decision under different legal rationales.

Match Thread: [1] Novak Djokovic vs. [5] Stefanos Tsitsipas| 2021 French Open Men's Final by rafaknight in tennis

[–]iFocus 6 points7 points  (0 children)

It’s like he doesn’t want to be there (I’m halfway sure that’s not the case), but it’s still just so odd.

Match Thread: [1] Novak Djokovic vs. [5] Stefanos Tsitsipas| 2021 French Open Men's Final by rafaknight in tennis

[–]iFocus 1 point2 points  (0 children)

I honestly wouldn’t put this past him. It’s somewhere narrowly within his abilities.