DHS to Terminate TPS for El Salvadorans in 18 Months

Temporary Protected Status (TPS) for about 200,000 El Salvadorans in the U.S. will be terminated in 18 months, DHS Secretary Kirstjen M. Nielsen announced today.  TPS is a special program Congress created to protect nationals of other countries from natural disasters and other catastrophic events.  El Salvador was designated for TPS protection after an 7.6 earthquake hit the country in 2001.  The  designation will terminate on Sept. 9, 2019.  According to DHS, El Salvadorans may continue to apply for extension and employment authorization documents (EADs) prior to the termination date.  More details will follow. 

New U.S. Air Travel Security Requirements Take Effect

Catching an international flight to the LAX?   Make sure you give yourself enough time for some new security measures imposed by the U.S. government at check-in. Starting Thursday, October 26, 2017, international U.S.-bound travelers are subject to additional security screening during the check-in process.

What to Expect at Check-In?

Under the new security measures, passengers are subject to short interviews or questioning by airline staff.  They will be asked to provide details of their trip, such as the purpose of the trip, where they will be staying at, who they will be staying with, etc.  Also questions will be asked about their luggage and hand-carried items. Did they pack their luggage themselves?  Did they take any items from others?  If so, do they know what is inside?   Electronic devices may also likely be examined carefully.  Because different airlines may train their employees differently, passenger experiences may vary when boarding different flights.

Why are These Measures Imposed?

The U.S government has been beefing up its security measures to counter terrorist attacks during the last decade.  For example, a ban on laptops inside the flight cabins was imposed on 10 targeted Middle Eastern countries and their airlines previously.   In June, the U.S. Department of Homeland Security announced a hose of new measures for aviation travel including: Enhancing overall passenger screening; Conducting heightened screening of personal electronic devices; and Increasing security protocols around aircraft and in passenger areas; and Deploying advanced technology, expanding canine screening, and establishing additional preclearance locations.  The airlines had 120 days to comply.

Impact of the New Security Measures

The new measures affect approximately 2,100 flights coming from 280 international airports carrying approximately 325,000 air passengers daily to the U.S. from 105 countries.  Hence, they are bound to create some confusion at the beginning.  Many airlines remind their passengers to arrive the airport at least 3 hours before the scheduled flight.  The reaction is mixed.  Some passengers find the new measures annoying while others think that they are necessary to improve security.

Important Reminders

Nowadays, many people travel internationally for business or personal reasons.  To make sure that you have a safe and event-free trip, you should take certain measures.  Bringing a valid passport with  6 to 12 months of validity period is required. Make sure you pack your own luggage and do not accept anything from others.  Have your trip itinerary and related documents handy so that you can answer questions quickly.  Remember, in addition to the airline employees, the immigration officers at the destination airports will also be asking you questions. If you carry a mobile device or a laptop computer, make sure that you don't have any personal or private information inside, as these devices can be subject to search and examination by the authorities.

Additional information on the Deferred Action Program for youngsters

On June 15, 2012, DHS Secretary released a memorandum authorizing the implementation of a Deferred Action program for young people who came to the U.S. under the age of 16 to be able to obtain temporary legal status.  Since then the DHS has released additional information on this program including the eligibility requirements, implementation process, and other related information.  The following is a summary of the key points:

What are the additional requirements for the Deferred Action Program?

Other than the requirements that the applicant entered the U.S. before the age of 16; attending or graduated from high school or having honorably served in the military; be a person of good moral character, etc., there are a few other additional requirements.  For example, applicants must be 15 years or older before they can apply.  Further, they must undergo a background check.  An individual must prove that he or she has resided in the United States for a least five years preceding June 15, 2012.  However, brief and innocent absences undertaken for humanitarian purposes will not violate this requirement. Finally, if they are subject to a final order of removal, their case will be subject to further review to determine if they are eligible.

How will the new Deferred Action be implemented?

Group1: Individuals who are not in removal proceedings will have to submit a request  for a review of their cases with supporting evidence to U.S. Citizenship and Immigration Services (USCIS).  Individuals may request deferred action if they meet the eligibility criteria.  The USCIS will release additional info on June 18, at their hotline number  1-800-375-5283.
Group 2: Individuals who are in removal proceedings before the Immigration Court or BIA, the Immigration and Customs Enforcement (ICE) will come up with a process to determine applicants' eligibility.   Beginning June 18, individuals may call the ICE hotline at 1-888-351-4024 for more info.

Group 3: Individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria as part of ICE’s case-by-case review, ICE will immediately begin to offer deferred action to them.   

What are the benefits of the Deferred Action program?

Applicants who are granted deferred action will be issued employment authorization document (EAD) with two-year duration.  Renewals of both deferred action and the EAD are allowed.   However, they will not be granted permanent resident status or a pathway to obtaining permanent lawful status. Beneficiaries of deferred action may not bring their spouses and other dependents to the U.S. Each person must meet the requirements individually. DHS has not yet decided whether international travel is allowed after an individual is granted deferred action.

What documents are needed to prove eligibility?

Required documents to prove eligibility include but are not limited to: financial records, medical records, school records, employment records, military records, diplomas, GED certificates, report cards, and school transcripts. To prove an honorable discharge, one may use report of separation forms, military personnel records, and military health records.

What criminal background will render an individual ineligible for Deferred Action?

Individuals who have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same scheme of misconduct are not eligible to be considered for deferred action under the new process. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.  A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

For individuals who do not satisfy the eligibility criteria under this new process, can they still apply under the June 2011 Prosecutorial Discretion Memoranda?

Yes, these individuals may then request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memoranda from ICE.  USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda. 

Can individuals appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial discretion under the new process?

One may not appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial discretion.  However, ICE and USCIS will develop protocols for supervisory review as part of their implementation of the new process. Individuals in removal proceedings who believe their cases were not correctly handled may contact the ICE Office of the Public Advocate either by phone at 1-888-351-4024 or by e-mail atEROPublicAdvocate@ice.dhs.gov. 

If an individual’s request to USCIS for deferred action is denied, will he or she be placed in removal proceedings?

Under the existing DHS policy, individuals whose requests are denied under this process will be referred to ICE if  they have a criminal conviction or there is a finding of fraud in their request. 

How soon will a decision be made?

USCIS has not released information about the processing time of these requests yet. Stay tune for more information.

What if an individual is about to be deported from the U.S.?

If an individual is about to be deported but believes that he or she can meets the requirements for deferred action, he/she should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, seven days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.   They should also contact a qualified immigration attorney for assistance.

Deferred Action program provides temporary relief to Dreamers.

On June 16, 2012, President Obama and the Department of Homeland Security (DHS) announced that the executive branch of the government is going to exercise its prosecutorial discretion not to enforce the immigration laws against certain group of young people who were brought to this country as children and have treated the U.S. as their home country.  According to DHS, since these individuals did not intent to violate the immigration laws, the government will review their cases and consider granting Deferred Action to allow them to stay in the U.S. temporarily.  

Deferred Action is an act of administrative choice to give some cases lower enforcement priority than the others.  Under the newly announced Deferred Action program, eligible individuals will be allowed to receive employment authorization cards (EAD) for two years with possible renewals.

In order to be eligible for new Deferred Action program, an individual must meet the following requirements:

• came to the United States under the age of sixteen;
• has continuously resided in the United States for at least five years before June 15, 2012;
• is present in the United States on June 15, 2012;
• is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
• is 30 years old or younger.  

An individual must wait until they are at least fifteen years old in order to submit an application under the Deferred Action program.  Each application will be reviewed on case-by-case basis.

According to DHS, the immigration laws should not be enforced blindly without consideration of the individual circumstances of each case.  With regard to the group of people who came to the U.S. as minors, deporting them to another country does not make sense as they may not have lived there or even speak the language of that country.   DHS acknowledges that many of these young people may have already contributed to our country through in many different ways.  Therefore prosecutorial discretion is well justified here.

The U.S. Citizenship and Immigration Services (USCIS) will handle the cases of individuals who are not in deportation proceedings.  The U.S. Immigration and Customs and Enforcement (ICE) will review the pending cases in deportation proceedings.  Both agencies have 60 days to begin implementing the program. For individuals who have been granted Deferred Action by either ICE or USCIS, they will be eligible for employment authorization for two years.  The EADs are renewable every two years.

The new program provides similar benefits to those proposed by the Dream Act, a proposal that was not passed by Congress.  It is important to know that the Deferred Action program is not permanent and does NOT confer permanent resident status (green card) or citizenship.  It certainly is NOT an amnesty program.  It is merely part of the DHS’s ongoing efforts to prioritize its immigration cases for prosecution.  The new Deferred Action program can be changed or cancelled at any time.  For example, if a new president is elected in November, he could decide to change or cancel this Deferred Action program.

It is also important to note that the government is not yet taking requests for Deferred Action as of now.  Interested individuals must pay attention to updates from the government and our blog to confirm when they can start submitting applications.