Friday, April 6, 2018

The Future of DACA

{1:36 minutes to read}  The recent decision by the United States Supreme Court to decline to hear the Trump administration's appeal of a federal judge's ruling that continues the DACA program, provides temporary relief for DACA recipients, but no long-term solution. The court action essentially allows the program to continue as it works its way through the federal system, a path that will likely take many months. Ultimately, however, the administration will likely prevail and DACA will come to an end.

DACA recipients need to prepare for that likelihood as a congressional fix remains a very remote possibility. President Trump has stood firm on his position that any DACA fix will require changes in procedures that make it easier to deport the remaining 9 million undocumented immigrants. How many DREAMERS will accept permanent residency under the condition that the law makes it easier to deport the rest of their family members?

Common sense dictates the following:
  1. Less than half of the DACA eligible individuals have applied. Those that are eligible should apply immediately.

  2. Those currently with DACA should try to obtain Advance Parole to travel abroad and return legally.

  3. Everyone should speak with an immigration lawyer to review other options, such as sponsorship through an employer or family member, or a possible asylum application. 
Mitchell C. Zwaik
Zwaik, Gilbert & Associates, P.C.
5014 Express Drive South
Ronkonkoma, NY 11779

Thursday, February 8, 2018

The Trump Proposal

{1:30 minutes to read} The latest immigration proposal out of the White House will not become law in the current Congress but it does highlight the importance of immediately filing family-based immigration applications.

The Trump proposal offers some important hints into the future of US immigration law. There is broad support for granting permanent immigration status of some type for DREAMERS/DACA beneficiaries. Whether this takes the form of a pathway to citizenship remains to be seen.

There also seems to be growing support for some reduction in family-based immigration which the anti-immigration wing refers to as “chain immigration.” These family unity provisions have been a part of our law for generations and allow citizens, and in some cases, permanent residents, to sponsor spouses, children, parents, and siblings for green cards.

There has been a growing chorus of voices across the political spectrum to end sibling sponsorship for years, but the Trump proposal would also end the right of adult US citizens to sponsor their parents.

Interestingly enough, even the Trump proposal would allow already filed applications to go forward. Knowledgeable immigrants should pay heed and file their family-based petitions as soon as possible.

Mitchell C. Zwaik
Zwaik, Gilbert & Associates, P.C.
5014 Express Drive South
Ronkonkoma, NY  11779
www.zwaik.com

Wednesday, January 17, 2018

Supreme Court OKs Travel Ban Pending Final Decision

{1:24 minutes to read} The December 4, 2017, decision by the U.S. Supreme Court to allow the Trump administration’s temporary travel ban, was a significant victory for the administration. The current, modified version, restricts nonimmigrant and immigrant entry for citizens or nationals of eight countries:

•North Korea,

•Venezuela,

•Chad,

•Syria,

•Iran,

•Somalia,

•Libya, and

•Yemen.
The administration previously issued travel restrictions for nationals from six Muslim-majority countries. The current Executive Order removes Sudan from the previous list and adds North Korea, Venezuela, and Chad.
The administration argued before the court that the current ban was not a reflection of anti-Muslim bias because it included Muslim and non-Muslim countries as well.
And then the President celebrated his victory by re-tweeting a vile, universally discredited anti-Muslim attack that had been initially posted by a British neo-Nazi group. And rounded out the week by recognizing Jerusalem as the capital of Israel against the advice of his top advisors.
It was not a week to make Muslims feel welcome in the U.S. — at a time when we need the cooperation of Muslim countries to continue to fight back against terrorist attacks.
Mitchell C. Zwaik
Zwaik, Gilbert & Associates, P.C.
5014 Express Drive South
Ronkonkoma, NY  11779
www.zwaik.com