WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW?

 

WHO CAN APPLY FOR DACA NOW, AND WHO CAN TRAVEL OUTSIDE THE U.S. AND HOW?

New DHS Policy On Initial DACA Applications, Advance Parole (Right To Travel) For DACA And The Path To A Green Card

 

By Christopher Kerosky, Esq.

New DACA policies by Trump Administration.

On December 7th, 2020, U.S. Citizenship and Immigration Services provided guidance on how it will implement new policies regarding the Deferred Action for Childhood Arrivals (DACA), as ordered by a federal judge:

·       USCIS will now accept all initial DACA requests from foreign nationals who have never previously received DACA.

·       USCIS will grant advance parole for travel outside the United States to DACA recipients as they did between 2014-2017

• USCIS will return to granting employment authorizations for two years rather than one year. 

USCIS will  approve travel (“advance parole”) for DACA recipients who demonstrate that their need for travel is for “humanitarian, education, or employment” purposes.  Here are some examples:

Humanitarian: · For example: travel to obtain medical treatment, attend funeral services for a family member, or visit a sick or elderly relative.

Educational: · For example: semester abroad programs or academic research

Employment: · For example: overseas assignments, interviews, conferences, training, or meetings for work4. Travel needed to support the immediate safety, well-being or care of an immediate relative, particularly minor children of the alien.

CAUTION: DO NOT TRAVEL WITHOUT AN APPROVED ADVANCE PAROLE.

Applying for Adjustment of Status following travel with Advance Parole.

Advance parole makes some DACA recipients eligible for adjustment of status to the U.S. without a pardon and without going through consular processing outside the US.  For example, a DACA holder with a US citizen spouse. 

This means that if a DACA recipient travels abroad and returns under a grant of advance parole, he or she can apply for adjustment of status in the US.  This is a much faster and simpler procedure than the prior pardon procedure, which required the applicant to obtain a pardon (which were often denied) and to go through a lengthy procedure at a Consulate abroad, like Ciudad Juarez.

Now, DACA holders with a US citizen spouse can apply for permanent residence in San Francisco and generally obtain it in approximately one year.  There were many cases of DACA recipients successfully adjusting status after traveling abroad on advance parole between 2013-2017 before Trump stopped issuing Advance Parole to DACA holders. 

Of course, anyone contemplating travel outside the US or applying for permanent residence should get competent legal advice before doing so.

****************************************************************

CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced immigration law for over 25 years.   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.  Mr. Kerosky has been recognized as one of the top lawyers in Northern California for over 10 years by “Super Lawyers”.  See https://profiles.superlawyers.com/california-northern/san-francisco/lawyer/christopher-a-kerosky/358dc9f1-b1c2-46b5-80cc-6e9610b1cd43.html

.WARNING: The foregoing is a summary generally discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case before filing any application or petition.

 

BIDEN v. TRUMP. Part 3: DACA and DAPA

 

BIDEN v. TRUMP. Part 3: DACA and DAPA

By Christopher Kerosky

In 2012, the Obama-Biden administration created DACA, the program that gave 750,000 young immigrants a reprieve from deportation.   In 2017, in his first year in office, Donald Trump announced the termination of DACA.   Although the courts later forced the Trump Administration to continue DACA for those who already have it, the Administration has so far refused to accept new applications, essentially preventing another 300,000 young people from getting status.

 
Joe Biden has called for a path to citizenship for DACA-recipients through passage of the DREAM Act.  https://joebiden.com/immigration/#.
 
As his website states, “as Vice President, Joe Biden championed the creation and expansion of the Deferred Action for Parents of Americans (DAPA) program”, which would have given temporary status to undocumented immigrants with children born here. That program was blocked by a lawsuit filed by Republican governors.  Donald Trump eliminated DAPA program before it could be implemented and 5 million undocumented immigrants were left in the shadows.   

NEW POLICY ON ADVANCE PAROLE (RIGHT TO TRAVEL) FOR DACA HOLDERS AND THE PATH TO A GREEN CARD

 

By Christopher Kerosky

New DACA policies by Trump Administration.

On August 24, 2020, U.S. Citizenship and Immigration Services provided guidance on how it will implement new policies regarding the Deferred Action for Childhood Arrivals (DACA).

·       USCIS will reject all initial DACA requests from foreign nationals who have never previously received DACA.

·       USCIS will limit grants of deferred action and employment authorization under DACA to no more than one year, but will not cancel any currently valid two-year grants of DACA or associated employment authorization documents (EADs).

·       USCIS will generally reject requests received more than 150 days before the current grant of DACA expires.

·       USCIS will only grant advance parole for travel outside the United States to DACA recipients for "urgent humanitarian reasons" or "significant public benefit".

The determination whether to grant advance parole to an alien is entirely within the discretion of USCIS and must be made on a case-by-case basis.

Some examples of circumstances that may warrant approval include, but are not limited to, situations such as:

1. Travel to support the national security interests of the United States;

2. Travel to support U.S. federal law enforcement interests;

3. Travel to obtain life-sustaining medical treatment that is not otherwise available to the alien in the United States; or

4. Travel needed to support the immediate safety, wellbeing or care of an immediate relative, particularly minor children of the alien.

CAUTION: DO NOT TRAVEL WITHOUT AN APPROVED ADVANCE PAROLE.

Applying for Adjustment of Status following travel with Advance Parole.

Advance parole makes some DACA recipients eligible for adjustment of status to the U.S. without a pardon and without going through consular processing outside the US.  For example, a DACA holder with a US citizen spouse. 

This means that if a DACA recipient travels abroad and returns under a grant of advance parole, he or she can apply for adjustment of status in the US.  This is a much faster and simpler procedure than the prior pardon procedure, which required the applicant to obtain a pardon (which were often denied) and to go through a lengthy procedure at a Consulate abroad, like Ciudad Juarez.

Now, DACA holders with a US citizen spouse can apply for permanent residence in San Francisco and generally obtain it in approximately one year.  There were many cases of DACA recipients successfully adjusting status after traveling abroad on advance parole between 2013-2017 before Trump stopped issuing Advance Parole to DACA holders. 

Of course, anyone contemplating travel outside the US or applying for permanent residence should get competent legal advice before doing so.

****************************************************************

CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced immigration law for over 25 years.   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C. 

Mr. Kerosky has been recognized as one of the top lawyers in Northern California for over 10 years by “Super Lawyers”.  See https://profiles.superlawyers.com/california-northern/san-francisco/lawyer/christopher-a-kerosky/358dc9f1-b1c2-46b5-80cc-6e9610b1cd43.html

WARNING: The foregoing is a summary generally discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case before filing any application or petition.

 

 

The Supreme Court DACA Decision: What Does It Mean for DACA holders and potentially for DAPA?

The Supreme Court DACA Decision: What Does It Mean for DACA holders and potentially for DAPA?  

By Christopher Kerosky

On July 18th, the Supreme Court ruled in favor of the DACA recipients and against the Trump Administration.  In short, it means immigrants with DACA can continue to renew their status and their work permits,and maintain their reprieve from deportation. 

And the decision might have even larger consequences for DAPA, the Obama Administration program that would have given 5 million immigrants with children born here a similar status, but was shut down by a lower court in 2015. 

The Decision.

The Supreme Court’s decision was 5-4, finding the Trump Administration’s termination of DACA “arbitrary and capricious”.  While this is not a final decision, it affirms the lower courts’ injunction requiring the administration to keep the program open for renewals. To read the decision: https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.” reads the opinion. 

Who can apply for DACA now?

For now, persons who already have DACA can continue filing renewals.  It is  recommended that applicants do so at least 150 days before their DACA expires.

Unfortunately, new applicants are still not eligible.  That means, young kids turning 15 who would have been eligible for this legal status, are now still subject to deportation.   

The legal battle over DACA continues.

On September 5, 2017, Donald Trump announced the rescission of the DACA program.  Those who have DACA status were to begin to lose their status on March 5, 2018, but a San Francisco District Court judge ordered the government to continue renewals.  While that case was pending, two other federal judges issued similar injunctions against Trump.

Earlier in 2018, the Administration asked the U.S. Supreme Court to expedite its review of these rulings but the Supreme Court refused.  In the meantime, the San Francisco judge’s decision was appealed to the Ninth Circuit Court of Appeals, which ruled against Trump. 

Two other circuit courts – in New York and the District of Columbia—have also ruled against the Trump Administration, issuing similar orders requiring the program to remain open. 

Technically what the Supreme Court has done is send back the case to the lower courts for further proceedings on the legality of DACA.  The Trump Administration does have a legal right to try again to justify the termination of DACA. 

In reality, the program’s fate will probably rest on the election and future legislation (See below). 

What about DACA legislation?

Last year, the House of Representatives passed the Dream and Promise Act, H.R. 6, by a vote of 237-187, pretty much along party lines. This bill, which would have given DACA recipients a path to residence, was never considered in the Senate.  Senate Majority Leader Mitch McConnell refused to let it come to a vote. 

Perhaps after the election, we will see a legislative solution for DACA recipients.

What about DAPA?

Interestingly, the Supreme Court’s decision could have implications for the termination of the DAPA program by a lower court in 2015.  DAPA would have allowed approximately 5 million parents of children born here to get status, a work permit and a reprieve from deportation.  While Trump is unlikely to revive DAPA, Joe Biden might now do so if he wins, and this Court decision might mean that it would survive court challenge – unlike the last time.

WHAT CAN YOUNG PEOPLE WITH DACA DO IF THE SUPREME COURT ALLOWS DACA TO END?

WHAT CAN YOUNG PEOPLE WITH DACA DO IF THE SUPREME COURT ALLOWS DACA TO END? 

This month, the Supreme Court will release its decision on whether the Trump Administration’s rescission of the DACA program was valid.  Hopefully the Court will do the right thing and DACA will survive. 

But what to do if DACA is struck down?  The following article contains some advice for current DACA holders.

Likely immediate impact for your DACA status:

If DACA ends, here’s how that would likely affect those who have DACA now:   

·       Current persons with DACA:  Previously issued work permits and DACA approvals would likely remain valid for their full validity period but then not be eligible for renewal.

·      Pending  DACA renewal applications:  Hopefully pending requests for renewal of DACA will be processed.

·      No new DACA renewal applications would be accepted.

Other Options for DACA holders.

There are not a lot of paths to permanent residence in our current broken immigration system, but here’s a few limited possibilities:

1.    Permanent Residence for DACA holders married to a US Citizen.

A 2013 Court decision opened a door for persons with DACA who marry a US citizen to adjust their status in the US.  This is limited to certain DACA holders without prior orders of deportation or other grounds for inadmissibility, and only after obtaining with permission to travel under DACA. 

Unfortunately, the Trump Administration stopped issuing the permits to travel in 2017.  But nonetheless, a lot of persons with DACA did get the travel permit (known as “advance parole”) during in the 5 years between 2012-2017.  If they are married to a US citizen, they can still get a green card through a process lasting only about six months, without a pardon, and without leaving the country. 

2.    Permanent Residence through the Pardon Process.

Even those persons with DACA who did not obtain a travel permit previously can still a green card if they marry a US citizen by applying for waiver known as an I601 pardon.  In March, 2013, the Obama Administration  implemented a rule that has benefitted many thousands of immigrants across the country.   The new regulation allowed spouses of US citizens to apply for their waivers of the 10-year penalty for unlawful presence inside the US.  In November of 2015, President Obama expanded it to spouses and children of permanent residents.  Before, undocumented spouses who came here without a visa risked being barred for 10 years from the US if their waiver was denied. 

Anyone eligible for an I601A waiver should apply now as this process may soon get more difficult or even be eliminated altogether by Trump. If you have DACA and you are otherwise eligible, consult a lawyer first to make sure there is no problem returning.

3.    Other applications through family or work.  

It is not common, but if there are existing petitions previously filed by close family members (e.g. U.S. citizen parents or siblings), there may be circumstances where these petitions can still be used to obtain permanent residence for the DACA holder, especially if DACA was obtained before the age of 18.  But check with a lawyer before you pursue this.

Likewise, in limited circumstances, an employer may be able to sponsor a DACA-holder for a green card through work, a process known as PERM.  But this would usually require that the DACA-recipient have no unlawful presence after age 18.  And the PERM process is not an easy one; it involves an established employer offering a market wage job requiring a college education and/or exceptional skills and then a recruitment process proving that no Americans want that job.  Especially difficult during a recession.   

4.    The U visa for crime victims

The U visa can be used by any victim of a crime to apply for status with the Immigration Service if they can show they were harmed by a crime occurring in the United States and cooperate with the U.S. authorities in trying to apprehend or prosecute the perpetrator.

To qualify for a U visa, a person must show that:

·       the person has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity in the United States;

·       the person … possesses information concerning criminal activity;

·       the person has been helpful to a Federal, State, or local law enforcement official, including police and/or a prosecutor investigating the crime.

The applicant must have suffered “substantial” harm as a result of the crime, although the crime can be emotional or physical. 

A solution for all DACA holders.

We should all support action in Congress to provide a legislative solution for those with DACA.  In June, 2019, the House of Representatives passed the American Dream and Promise Act of 2019. This bill cancels and prohibits removal proceedings against certain aliens and provides a path to permanent residence for DACA-eligible young immigrants. For more information or to sign a petition in support of a DREAM Act law, go to: https://action.unitedwedream.org/petitions/keep-the-deferred-action-for-childhood-arrivals-daca-program

************************************************************************

CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law for over 25 years and has been recognized as one of the top immigration lawyers in Northern California for 10 years by “Super Lawyers”.  https://profiles.superlawyers.com/california-northern/san-francisco/lawyer/christopher-a-kerosky/358dc9f1-b1c2-46b5-80cc-6e9610b1cd43.html. He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C.

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.

Aplicación pendiente de DACA: Quienes aplicaron por primera vez por el DACA y su permiso de trabajo continua en proceso podrán obtener status. Sin embargo, CIS no aceptara nuevas aplicaciones a partir de hoy.

Aplicación pendiente de DACA: Quienes aplicaron por primera vez por el DACA y su permiso de trabajo continua en proceso podrán obtener status. Sin embargo, CIS no aceptara nuevas aplicaciones a partir de hoy.
• Renovaciones pendientes de DACA: Las aplicaciones pendientes serán procesadas.
• Nuevas renovaciones de DACA: Los beneficiarios DACA que tienen permisos de trabajo con fecha de expiración entre el 5 de septiembre del 2017 y marzo 5 del 2018 podrán renovarlo por ultima vez. Las renovaciones deberán ser aceptadas por DHS antes del 5 de Octubre de 2017. Todavía no se sabe si el DHS otorgará renovaciones por el período completo de dos años o un período más corto.
• Aplicación pendiente de DACA: Quienes aplicaron por primera vez por el DACA y su permiso de trabajo continua en proceso podrán obtener status. Sin embargo, CIS no aceptara nuevas aplicaciones a partir de hoy.
• Renovaciones pendientes de DACA: Las aplicaciones pendientes serán procesadas.
• Nuevas renovaciones de DACA: Los beneficiarios DACA que tienen permisos de trabajo con fecha de expiración entre el 5 de septiembre del 2017 y marzo 5 del 2018 podrán renovarlo por ultima vez. Las renovaciones deberán ser aceptadas por DHS antes del 5 de Octubre de 2017. Todavía no se sabe si el DHS otorgará renovaciones por el período completo de dos años o un período más corto.
• Aplicaciones para permisos de viaje: No se aprobaran aplicaciones de permisos de viaje (Advance Parole) para quienes tienen status DACA. Todas las aplicaciones pendientes serán cerradas administrativamente y se devolverá el dinero abonado.
• Permisos de viaje aprobados: Aquellos permiso de viaje previamente aprobados generalmente serán honrados, aunque DHS conserva la autoridad para negar la admisión y/o revocarlos cuando lo considere apropiado.

El memo publicado por DHS lo puede encontrar en: https://www.dhs.gov/ne…/2017/…/05/memorandum-rescission-daca.
Debemos entre todos apoyar al congreso a que pasar una solución legislativa permanente para beneficiarios DACA. La mejor de estas propuestas es el Dream Act de 2017. Para mayor información visite:

RENEW YOUR DACA NOW

RENEW YOUR DACA NOW

By Liliana Gallelli, Esq.

I urge you to renew DACA while it is still possible.

United States Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications. BUT we are bracing for the US Supreme Court Decision which will be rendered no later than June 2020. US Supreme Court Decisions are published every Monday.

As a result of the Trump Administration’s decision to terminate DACA, there were various cases filed against the termination of DACA, including Regents of the University of California, et al. v. Dept. of Homeland Security (DHS), Batalla Vidal v. Nielsen, and NAACP v. Trump.

The Supreme Court heard oral arguments in November 12, 2019 and will soon issue its decision, possibly as early as next week.

There are several potential outcomes of the Supreme Court’s review of these DACA cases:

• “The Supreme Court concludes that courts may not review the Trump administration’s decision to terminate DACA.” The Trump administration could then proceed to terminate DACA, and decide what to do with DACA applications. However, a future administration could reinstate DACA without challenge from any courts based on this preceding case.

• “The court concludes that it may review the administration’s decision to terminate DACA and rules that the termination is unlawful. This would be a win for DACA recipients.” DACA would revert back to its pre-September 2017 state. However, there is no certainty as to how the Trump administration would react to this decision. There could be other attempts to end DACA based on different legal reasoning.

• “The Court concludes that it may review the decision, and it decides that the Trump administration’s termination of DACA is lawful.” Thus, the Trump administration will determine how DACA is dealt with, particularly with renewal applications, work permit expirations, etc.

This Week’s Supreme Court Argument on DACA: What’s at Stake?

This Week’s Supreme Court Argument on DACA: What’s at Stake?

By Christopher Kerosky, Esq.

On Tuesday, Supreme Court will hear oral arguments on the legality of the Trump Administration’s termination of the DACA program. 

Here is what’s at stake:  https://www.sonomacountygazette.com/sonoma-county-news/immigration-stories-by-christopher-kerosky-october-2019?fbclid=IwAR2tT41YFeqeemAPqKazhL3IjflIZSxyRc2EhtNEb5Y3LUHOgv-n6ROV-eU#.Xcdzu-2O0gM.facebook

The status of the legal battle over DACA.

On September 5, 2017, Donald Trump announced the rescission of the DACA program.  Those who have DACA status were to begin to lose their status on March 5, 2018, but a San Francisco District Court judge ordered the government to continue renewals.  While that case was pending, two other federal judges issued similar injunctions against Trump.

Earlier in 2018, the Administration asked the U.S. Supreme Court to expedite its review of these rulings but the Supreme Court refused.  In the meantime, the San Francisco judge’s decision was appealed to the Ninth Circuit Court of Appeals. 

In November, 2018, that Court ruled in favor of the DACA recipients and against the Trump Administration.  The decision of the three-judge panel was unanimous.  While this is not a final decision, it affirms the lower court’s injunction requiring the administration to keep the program open for renewals. The Ninth Circuit Court of Appeals in San Francisco told the Trump Administration it acted without legal basis when it sought to closed down DACA.  To read the decision: https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000927

"We conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA -- at least as justified on this record -- is arbitrary, capricious, or otherwise not in accordance with law," reads the opinion. 

Two other circuit courts – in New York and the District of Columbia—have also ruled against the Trump Administration, issuing similar orders requiring the program to remain open.  All three of these decisions are in front of the Supreme Court. 

The Supreme Court will hear oral argument on this on Tuesday and likely issue a ruling in June of next year.   They will rule on whether Trump’s elimination of DACA was in fact “arbitrary and capricious” and therefore violated the Administrative Procedure Act.  The highly-divided Supreme Court will probably render a 5-4 decision with Chief Justice Roberts being the likely deciding vote.  A lot will be riding on what that one jurist thinks.

Who can apply for DACA now?

For now, persons who already have DACA can continue filing renewals.  I recommend that applicants do so at least 150 days before their DACA expires.

Unfortunately, new applicants are still not eligible.  That means, young kids turning 15 who would have been eligible for this legal status, are now still subject to deportation.   

Also, the Trump Administration denies DACA holders the permission to travel – a privilege that was previously available under Obama.  This often results in tragic consequences.  I know a 19-year-old college student who spent their entire life here, but unknowingly lost his status by taking a weekend trip to Tijuana.  He now is stuck in his home country without a way to return for the foreseeable future.

What about DACA legislation?

In June, the House of Representatives passed the Dream and Promise Act, H.R. 6, by a vote of 237-187, pretty much along party lines. This bill, which would have given DACA recipients a path to residence, was never considered in the Senate.  Senate Majority Leader Mitch McConnell refused to let it come to a vote.

Future of 800,000 DACA recipients on the line.

There are about 800,000 people in the U.S. with DACA status.  All of these DACA recipients will retain their legal status only if the Supreme Court rules against Trump.  If the Court rules with Trump, these DACA recipients will be subject to deportation upon expiration of their current 2-year-permit.  If the Court rules against Trump, their DACA status will continue indefinitely

TODAY’S 9TH CIRCUIT COURT DECISION ON DACA. What does it mean for those with DACA?

By Christopher Kerosky, Esq.

Today the Ninth Circuit Court of Appeals in San Francisco told the Trump Administration it acted without legal basis when it sought to closed down DACA. 

https://www.cnn.com/2018/11/08/politics/daca-9th-circuit/index.html

To read the decision: https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000927

Here’s a summary of where DACA stands now and where things go from here:

The Fight over DACA and today’s Decision.

On September 5, 2017, Donald Trump announced the rescission of the DACA program.  Those who have DACA status were to begin to lose their status on March 5, 2018, but a San Francisco District Court judge ordered the government to continue renewals.  While that case was pending, two other federal judges issued similar injunctions against Trump.

Earlier this year, the Administration asked the U.S. Supreme Court to expedite its review of these rulings but the Supreme Court refused.  In the meantime, the San Francisco judge’s decision was appealed to the Ninth Circuit Court of Appeals. 

Today, that Court ruled in favor of the DACA recipients and against the Trump Administration.  The decision of the three-judge panel was unanimous.  While this is not a final decision, it affirms the lower court’s injunction requiring the administration to keep the program open for renewals.

"We conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA -- at least as justified on this record -- is arbitrary, capricious, or otherwise not in accordance with law," reads the opinion. 

What does this mean for DACA?

This decision means the San Francisco federal judge’s order requiring the Trump Administration to continue DACA renewals will remain in place for the indefinite future. The Administration will now have to seek reversal in the U.S. Supreme Court.  That begins with a Petition for Certiorari requesting that the high court take the case.  That will likely come soon.  There probably is sufficient time for the Supreme Court to consider this case in its current term.  A decision would likely then come at the end of its term in June 2019. 

With the current composition of the Court, a ruling in favor of DACA recipients is unlikely.  Earlier this year in its ruling on the Muslim Ban, the Supreme Court granted the Trump Administration wide latitude over executive action on immigration issues.  Now the Court is even more likely to endorse these powers since Brett Kavanaugh has joined the bench. 

For now, persons who already have DACA can continue filing renewals.  We recommend that applicants do so 150 days before their DACA expires.

Unfortunately, new applicants are still not eligible. 

Will this week’s election results lead to DACA legislation?

The current Congress failed to act on DACA this year.  After devoting a week to debating solutions for DACA holders, the Senate did not approve any of several proposals it considered.  None of the proposals received the 60 votes necessary to become law in the Senate, largely due to the efforts of the Trump Administration to oppose all proposals except one that would eliminate much of family sponsorship and slash legal immigration in half.  

A vote for a Dream Act law never occurred in the current House of Representatives. 

That will almost certainly change now that the Democrats will control the House in January.  The new House of Representatives will likely pass a law offering a path to permanent residence for DACA holders.  Then it will be up to the Senate to consider a bill already approved by the House.

Hopefully, before a decision by the U.S. Supreme Court in June, political pressure can be brought to bear to force the Senate and Trump to finally approve DREAM Act legislation that has been considered by Congress since 2006 but never passed. 

********************************************************************

CHRISTOPHER A. KEROSKY is a partner with Wilson Purves in the law firm of KEROSKY PURVES & BOGUE, with offices located in San Francisco, Santa Rosa, Ukiah, Napa, Walnut Creek, San Jose and Sacramento.  Mr. Kerosky has been an attorney licensed to practice law in California for 25 years.  He is a graduate of UC Berkeley (Boalt Hall) School of Law and a former trial lawyer for the Civil Division of the U.S. Department of Justice in Washington D.C.  For 9 years, he has been honored as one of Northern California’s top lawyers by San Francisco Magazine, “Super Lawyers” edition.  Mr. Kerosky speaks Spanish and Polish and has also working knowledge of Russian.

WARNING: The article above is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.