Immigration Law May 2016 Memo
Happy Memorial Day!
Memorial Day is celebrated every year on the last Monday in May. This year it falls on May 30th. This national holiday was created to honor U.S. soldiers who died in service. Originating in 1868, it was first called Decoration Day and created to honor the soldiers who died in the Civil War. Memorial Day has now become synonymous with the beginning of the summer season.
UNDOCUMENTED STUDENTS HAVE RIGHTS TO ATTEND PUBLIC SCHOOLS
In the 1982 Supreme Court decision, Plyer v Doe, the U.S. Supreme Court ruled that all children are entitled to a public education, regardless of citizenship or immigration status. This is an established law, however researchers have found that some school districts impose obstacles to prevent many of the 770, 000 undocumented school-aged children in the U.S. from registering for school. The recent ICE raids to detain and deport families who crossed the border in 2014 has created a climate of fear and anxiety that has prevented some parents from even attempting to enroll their children. Sometimes parents encounter a school district that has subjective and usually erroneous, interpretations of residency requirements and state laws. U.S. Law is absolutely clear on this point- no child should be excluded from public education.
IMMIGRANTS RUSH TO APPLY FOR U.S. CITIZENSHIP BEFORE NOVEMBER ELECTION
About 8.8 million immigrants throughout the U.S. are eligible for citizenship, being in possession of their green card for 5 or more years. According to data from USCIS, from August 2015 to January 2016, applications for citizenship throughout the U.S. have increased more than 14%, compared with the same period a year before. Analysts have said due to the anti-immigrant campaign rhetoric, that there is a great motivation for immigrants to vote in the presidential election in November and make their voices heard. The naturalization process usually takes 5-6 months from submission of the application to the final swearing in ceremony. Becoming a citizen is a key moment in an immigrant’s life. If you have any questions concerning naturalization, feel free to contact our office.
WILL DAPA REMAIN IN LIMBO?
In April 2016, the Supreme Court heard arguments about President Obama’s immigration programs, DAPA and Expanded DACA, which would benefit parents of U.S. Citizens and some DREAMERS. The program would assist approximately 4 million people who have are currently in the U.S. without documentation. Twenty six states which are controlled by Republicans are challenging the Executive proposals. A Supreme Court decision will take place in June and if approved, the programs could be implemented in August 2016. Please check our Facebook page, http://www.facebook.com/thescheerlawgroup and remain in close contact with our office to stay updated on the Supreme Court’s final decision.
As always, if you have any questions, please feel free to contact the office!
Susan W. Scheer and Staff