UNDOCUMENTED ALIEN MAY RECOVER FUTURE EARNINGS IN ILLINOIS

Under Illinois law, as predicted by the district court, the plaintiff's status as an undocumented alien precluded the recovery of damages based on loss of future United States earnings, to which he would not lawfully be entitled because it would be based on compensation for future impermissible work, but did not preclude recovery of damages for lost future earnings or earning capacity based on what he could legitimately earn in his country of lawful residence. This approach fairly balanced the federal government's immigration policies as expressed in the Immigration Reform and Control Act (IRCA) to discourage the employment of unauthorized aliens.

DEFERRED ACTION UPDATE - FORMS AND FEES

Washington D.C. - Today, U.S. Citizenship and Immigration Services (USCIS) released important details about the Deferred Action for Childhood Arrivals (DACA) process, which will temporarily allow some eligible youth to go to school and work without fear of deportation. 

Because potential applicants reside in all states and every congressional district, today’s announcement clarifying the application process sets the stage for an intense period of preparation around the country, as communities wait for the request form to be released on August 15. The DACA program is designed for young people who are under the age of 31; entered the United States before age 16; have resided in the country for at least five years as of June 15, 2012; have not been convicted of a felony, a “significant” misdemeanor, or three other misdemeanors; and are currently in school, graduated from high school, earned a GED, or served in the military.

Among the key points shared by USCIS: 

• A new form will be available on August 15. All DACA requests will require payment of the standard $85 biometric fee, but no additional fee will be charged. Persons who wish to receive work authorization must pay, with limited exemptions, the current employment authorization document fee of $365.
• Information provided on the form will be kept confidential, including information relating to applicants’ family members or legal guardians, meaning it will not be used for immigration enforcement proceedings, unless the applicant meets current USCIS criteria for referral to Immigration and Customs Enforcement or issuance of a Notice to Appear (NTA) in immigration court.
• DHS will deem “significant” any misdemeanor, regardless of the sentence imposed, involving burglary, domestic violence, sexual abuse or exploitation, unlawful possession of firearms, driving under the influence, or drug distribution or trafficking. In addition, DHS will deem significant any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to immigration detention.  Minor traffic offenses and convictions for immigration-related offenses classified as felonies or misdemeanors by state laws (e.g. Arizona SB 1070) will not be considered.

PLEASE CONSULT A LICENSED ATTORNEY PRIOR TO FILING - CIS SPECIFICALLY WARNS THAT USE UNLICENSED AND UNPROFESSIONAL ENTITIES SUCH AS "NOTARIOS" OR "IMMIGRANT CONSULTANTS" MAY RESULT IN LOSS OF CERTAIN RIGHTS AND POSSIBLE ADVERSE ACTION

DEFERRED ACTION AND VOLUNTARY DEPARTURE

CE has informed us that they are joining motions to reopen in cases where the young person is eligible for deferred action under the June 15, 2012 DHS memorandum, and has a voluntary departure order that has not yet expired.

If your case that meets this criteria, please contact the ICE Public Advocate Hotline at 1-888-351-4024 (staffed 9am - 5pm, Monday - Friday, in English and Spanish).

Additionally, if you you are currently in removal proceedings (without a final order of removal) and may be eligible for deferred action under the memorandum, you should also contact the hotline.

SUPREMES STRIKE DOWN ARIZONA'S IMMIGRATION LAW

Washington D.C. - A divided Supreme Court strikes down key parts of Arizona's controversial immigration crackdown law, voting 5-3 that the federal government has the power to block the state's measure. 

In a blow to the state anti-immigration movement, the Supreme Court ruled today that the authority to enforce immigration laws rests squarely with the federal government, limiting the role that states may play in crafting state-level answers to immigration enforcement. 

By a 5-3 margin, the Court struck down three of the four provisions of SB 1070 that were challenged by the Obama administration as pre-empted under federal law. While the Court agreed that Arizona’s attempt to limit immigration by creating new laws and new penalties to punish undocumented immigrants was pre-empted, it found that a provision requiring local police to investigate the legal status of suspected undocumented immigrants was not pre-empted on its face. The court read this provision very narrowly, however, leaving open the door to future lawsuits based on racial profiling and other legal violations.

“Today’s decision makes clear that the federal government—and only the federal government—has the power and authority to set the nation’s immigration policies,” said Benjamin Johnson, Executive Director of the American Immigration Council. “Despite its strongly worded rejection of Arizona's effort to set its own immigration policies, the Court adopted a wait-and-see approach to the controversial racial profiling section of the law. There is already ample evidence of discrimination and abuse in Arizona, and many communities in the state will bear the brunt of the Court's unwillingness to face that reality. It's time for Congress to heed the dire warnings contained in this opinion and recommit to fixing our broken immigration system.

EXECUTIVE ORDER ON DEFERRED ACTION FOR CHILDREN

SECRETARY NAPOLITANO ANNOUNCES DEFERRED ACTION PROCESS FOR YOUNG PEOPLE WHO ARE LOW ENFORCEMENT PRIORITIES

WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:

1.) Came to the United States under the age of sixteen;

2.) Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;

3.) Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

4.) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple  misdemeanor offenses, or otherwise pose a threat to national security or public safety;

5.) Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these  criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days.

ADDITIONAL INFO: 

With respect to individuals who are encountered by U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services (USCIS):

• With respect to individuals who meet the above criteria, ICE and CBP should immediately exercise their discretion, on an individual basis, in order to prevent low priority individuals from being placed into removal proceedings or removed from the United States.

• USCIS is instructed to implement this memorandum consistent with its existing guidance regarding the issuance of notices to appear.

2. With respect to individuals who are in removal proceedings but not yet subject to a final order of removal, and who meet the above criteria:

• ICE should exercise prosecutorial discretion, on an individual basis, for individuals who meet the above criteria by deferring action for a period of two years, subject to renewal, in order to prevent low priority individuals from being removed from the United States.

• ICE is instructed to use its Office of the Public Advocate to permit individuals who believe they meet the above criteria to identify themselves through a clear and efficient process.

• ICE is directed to begin implementing this process within 60 days of the date of this memorandum.

• ICE is also instructed to immediately begin the process of deferring action against individuals who meet the above criteria whose cases have already been identified through the ongoing review of pending cases before the Executive Office for Immigration Review.

3. With respect to the individuals who are not currently in removal proceedings and meet the above criteria, and pass a background check:

• USCIS should establish a clear and efficient process for exercising prosecutorial discretion, on an individual basis, by deferring action against individuals who meet the above criteria and are at least 15 years old, for a period oftwo years, subject to renewal, in order to prevent low priority individuals from being placed into removal proceedings or removed from the United States.

• The USCIS process shall also be available to individuals subject to a final order of removal regardless of their age.

• US CIS is directed to begin implementing this process within 60 days ofthe date ofthis memorandum.