DACA by Jillian Yanes: database results

1. Arizona Dream Act Coalition v. Brewer

   United States District Court, D. Arizona. May 16, 2013 945 F.Supp.2d 1049 2013 WL 2128315 

   CIVIL RIGHTS - Equal Protection. DACA recipients could not preliminarily enjoin Arizona policy denying them driver's licenses.

   ...Background:  Immigrant youth-led community organization and undocumented aliens who qualified for federal Deferred Action for Childhood Arrivals (DACA) program brought action against state officials challenging constitutionality of Arizona's policy of denying driver's licenses to DACA recipients....

   ...Issue of whether Arizona policy denying driver's licenses to undocumented aliens who qualified for federal Deferred Action for Childhood Arrivals (DACA) program had rational basis for distinguishing between DACA recipients and other undocumented aliens involved fact issues that could not be resolved on motion to dismiss DACA recipients'action alleging that policy violated Equal Protection Clause.  U.S.C.A. Const.Amend. 14....
2. Patel v. Attorney General of U.S.

   Patel v. Attorney General of U.S.

   United States Court of Appeals, Third Circuit. April 18, 2013 523 Fed.Appx. 121 2013 WL 1681429 

   IMMIGRATION - Deportation or Removal. Immigration judge acted within her broad discretion in denying alien's motion for yet another continuance.

   ...  In the margin, the Board noted generally that, on June 15, 2012, DHS announced that certain young people, who are low law enforcement priorities, will be eligible fordeferred action, under a policy known as “Consideration of Deferred Action for Childhood Arrivals.”...

   ...We note that DHS's website states, with respect to “Consideration of Deferred Action for Childhood Arrivals Process,” that: [C]ertain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization....

Statutes View all 907

1. 

   § 1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General

   § 1103. Powers and duties of the Secretary, the Under Secretary, and the Attorney General

   8 USCA § 1103 United States Code Annotated

   • United States Code Annotated
   • Title 8. Aliens and Nationality
   • Chapter 12. Immigration and Nationality
   • Subchapter I. General Provisions

   ...Discretionary decision by Secretary of Department of Homeland Security (DHS) to grant deferred immigration status to aliens who qualified under Deferred Action forChildhood Arrivals (DACA) program did not have force of law, and thus did not preempt Arizona's policy of denying driver's licenses to DACA recipients, where Secretary's memorandum announcing decision did not purport to establish substantive rules and was not promulgated through any formal procedure....

   ...Undocumented aliens who qualified for federal Deferred Action for Childhood Arrivals (DACA) program failed to demonstrate that they would suffer irreparable harm as result of Arizona policy denying driver's licenses to DACA recipients, and thus were not entitled to preliminary injunction prohibiting state from rejecting employment authorization documents (EADs) issued by United States Citizenship...

Regulations View all 523

1. § 274a.12 Classes of aliens authorized to accept employment.

   § 274a.12 Classes of aliens authorized to accept employment.

   8 C.F.R. § 274a.12 Code of Federal Regulations

   • Code of Federal Regulations
   • Title 8. Aliens and Nationality
   • Chapter I. Department of Homeland Security
   • Subchapter B. Immigration Regulations
   • Part 274A. Control of Employment of Aliens
   • Subpart B. Employment Authorization

   ...(14) An alien who has been granted deferred action, an act of administrative convenience to the government which gives some cases lower priority, if the alien establishes an economic necessity for employment;...

   ...(11) An alien whose enforced departure from the United States has been deferred in accordance with a directive from the President of the United States to the Secretary....

Administrative Decisions & Guidance View all 5,601

1. IN RE: PEINDA SOW

   IN RE: PEINDA SOW

   BIA June 07, 2013 2013 WL 3200530 : A203 219 606 - CLE

   ...The respondent may be eligible to seek deferred action....

   .... We note that on June 15, 2012, the Secretary of the Department of Homeland Security (DHS) announced that certain young people, who are low law enforcement priorities, will be eligible for deferred action....

Trial Court Orders View all 998

1. USA, v. MAALI, et al.

   USA, v. MAALI, et al.

   United States District Court, M.D. Florida. September 08, 2005 No. 6:02CR00171.

   ...While the Government argues that “harboring” includes any action taken to encourage aliens to reside in the United States, Mr. Khanani maintains that harboring merely means to house or shelter aliens....

   ...At a minimum, such conduct would include all of the offenses delineated in § 1324(a)(1)(A)(iii), since those offenses involve actions taken toward aliens once they are already present in the United States....

Secondary Sources View all 9,656

1. § 1:17. Deferred action and private bills

   § 1:17. Deferred action and private bills

   Law of Asylum in the United States LOAUS § 1:17

   The United States has a large and now more-or-less stable undocumented immigrant population. Legislation to grant permanent immigration status to this population through “comprehensive immigration reform” has been pending for many years, but has not yet gained traction in the political process. A specific legislative measure for undocumented youth,...

   ...In June 2012, the Obama administration announced a new policy, deferred action for childhood arrivals (hereinafter DACA), mandating the exercise of prosecutorial discretion for certain youth who may have been granted status if the DREAM Act had been enacted.[...

   ...Duane Morris et al., Private Bills & Deferred Action Toolkit 3 (May 17, 2011), available athttp://law.psu.edu/_file/PBDA_Toolkit.pdf (“Deferred action occurs when DHS, or any of the immigration agencies under its umbrella, agrees not to place an individual in removal (deportation) proceedings or not to execute an order of removal.”)....

Forms View all 15

1. ICE Agents Sue to Overturn DACA

   ICE Agents Sue to Overturn DACA

   Fragomen Business Alerts August 30, 2012 Fragomen Business Alerts 1 8-30-12

   Ten Immigration and Customs Enforcement (ICE) agents have filed a lawsuit in federal court against Department of Homeland Security (DHS) Secretary Janet Napolitano, seeking to overturn the government's deferred action program for childhood arrivals (DACA), claiming that the program has prevented them from detaining illegal immigrants who pose a...

   ...Ten Immigration and Customs Enforcement (ICE) agents have filed a lawsuit in federal court against Department of Homeland Security (DHS) Secretary Janet Napolitano, seeking to overturn the government's deferred action program for childhood arrivals (DACA), claiming that the program has prevented them from detaining illegal immigrants who pose a public safety risk; that it violates laws requiring agents to arrest illegal immigrants; and that implementing deferred action infringes on Congress' power....

Briefs View all 10,000

1. Appellants' Opening Brief

   Appellants' Opening Brief

   Arizona Dream Act COALITION; et al., Plaintiffs-Appellants, v. Janice K. BREWER, et al., Defendants-Appellees. United States Court of Appeals, Ninth Circuit. July 15, 2013

   ...USCIS also has confirmed that deferred action under DACA is no different from any other grant of deferred action: “The relief an individual receives pursuant to thedeferred action for childhood arrivals process is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.”...

   ...The Executive Order states that “the Deferred Action program does not and cannot confer lawful or authorized status or presence upon the unlawful alien applicants” and that “[t]he issuance of Deferred Action or Deferred Action USCIS [EADs] to unlawfully present aliens does not confer upon them any lawful or authorized status[.]” Id....

Trial Court Documents View all 9,867

1. Defendants' Motion to Dismiss Counts One and Two of Plaintiffs' Complaint Pursuant to Rule 12(B)(6) and, in the Alternative, Motion for Summary Judgment on Plaintiffs' Equal Protection Claim (Count Two)

   Defendants' Motion to Dismiss Counts One and Two of Plaintiffs' Complaint Pursuant to Rule 12(B)(6) and, in the Alternative, Motion for Summary Judgment on Plaintiffs' Equal Protection Claim (Count Two)

   ARIZONA DREAM ACT COALITION; Jesus Castro-Martinez; Christian Jacobo; Alejandra Lopez; Ariel Martinez; and Natalia Perez-Gallegos, Plaintiffs, v. Janice K. BREWER, Governor of the State of Arizona, in her official capacity; John S. Halikowski, Director of the Arizona Department of Transportation, in his official capacity; and Stacey K. Stanton, Assistant Director of the Motor Vehicle Division of the Arizona Department of Transportation, in her official capacity, United States District Court, D. Arizona. January 14, 2013

   ...PLEASE NOTE: The eligibility category for work authorizations under Deferred Action for Childhood Arrivals is NOT the same eligibility category as work authorizations under regular deferred action....

   ...These classes include: • Deferred action eligibility for a surviving alien spouse, child or parent of a permanent resident member of the armed forces under § 1703 of the National Defense Authorization Act for FY 2004, Pub. L. No. 108-136, 117 Stat. 1392, 1693. • Deferred action eligibility for certain individuals applying for immigration benefits under the Violence Against Women Act under 8 U.S.C. § 1154(a)(1)(D)(i)(II) • Deferred action eligibility during interim relief for certain U visa applicants. • Notice of deferred...

Expert Materials View all 10,000

1. Expert Report and Declaration of Stephen W. Yale-Loehr

   Expert Report and Declaration of Stephen W. Yale-Loehr

   Expert Report and Affidavit ARIZONA DREAM ACT COALITION, et al., Plaintiffs, v. BREWER, et al., Defendants. United States District Court, D. Arizona. December 14, 2012

   ...4. This lawsuit challenges Arizona's policy of denying driver's licenses to noncitizens who are authorized to remain in the United States by the federal government under thedeferred action for childhood arrivals (DACA) program....

   ...10. In more recent years, Congress has acknowledged the Executive Branch's discretionary authority to grant deferred action by referencing deferred action in discussing the relief that may be available to noncitizens on a number of occasions....

Proposed & Enacted Legislation View all 279

1. 2013 CONG US S 744

   2013 CONG US S 744

   113th CONGRESS, 1st Session May 28, 2013 S. 744 Reported in Senate

   ...The Secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted Deferred Action forChildhood Arrivals pursuant to the Secretary's memorandum of June 15, 2012....

   ...The Secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted Deferred Action forChildhood Arrivals (referred to in this paragraph as 'DACA') pursuant to the Secretary's memorandum of June 15, 2012....

Proposed & Adopted Regulations View all 2,434

1. 77 FR 49451-02

   77 FR 49451-02

   U.S. Citizenship and Immigration Services Thursday, August 16, 2012 NOTICES

   The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), submitted the following emergency information collection request, utilizing emergency review...

   ...Only those individuals who can demonstrate, through verifiable documentation, that they meet the threshold guidelines will be considered for deferred action for childhoodarrivals, except in exceptional circumstances....

   ...These individuals will be considered for relief from removal from the United States or from being placed into removal proceedings as part of the deferred action for childhoodarrivals process....