Immigration and Executive Action

President Obama has promised to take action after the November elections. Listen to the audio to discover what might happen.

 

There has been a lot of talk about executive action in the news lately. Our podcast focuses on some of the changes that we might expect, including:

  • Expanding Deferred Action: Deferred Action is a discretionary form of relief that defers removal from the United States for qualified individuals. Executive Action may extend this program to family members of individuals who qualify for Deferred Action as well as to other qualified categories of immigrants.
  • Parole-in-Place: This program would allow immigrants who are married to U.S. citizens to adjust status to permanent residence without having to leave the U.S. in order to be inspected at the border. Individuals could simply apply to adjust status from within the U.S., which would simplify this process a great deal.
  • Expand Asylum/Refugee Definitions or TPS: These changes relate to the current Border Crisis that involves the increase of children, most of whom are from Central America fleeing gang violence and crossing the border into the U.S. unaccompanied.
  • Tweaking the asylum definition would allow these children to possibly qualify for asylum based on the gang violence in their home countries. Immigration courts are currently reluctant to extend the asylum definition to cover threats or violence by gang members.
  • TPS (Temporary Protected Status) is granted when the U.S. Government designates a foreign country for TPS due to conditions within that country. In this case, the severe gang violence within Honduras, El Salvador, and Guatemala could qualify those countries for TPS. TPS is a temporary from of relief, but while a country has been designated for TPS, citizens of that country may not be removable from the U.S. and could obtain employment authorization.

Listen to the audio above for more details.

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