This page is for updates on the changes to immigration law and policy. Please check back often for up-to-date information on local and federal policy changes. Please click on one of the following topics or scroll through. Last updated: February 2018.
Table of Contents
Trump Administration Immigration Principles (October 8, 2017)
DACA (Deferred Action for Childhood Arrivals)
Executive Orders on Immigration
Impact of Executive Orders (by subject)
[sta_anchor id=”principles”]Trump Administration Immigration Principles [/sta_anchor]
On October 8, 2017, the White House released several documents outlining its immigration policy priorities. The Executive Summary and a detailed outline of the principles are divided into three categories: (1) Border Security; (2) Interior Enforcement; and (3) Merit-Based Immigration System. It is important to note that these “principles” are not executive orders or legislation. This list of principles may have significant implications to a legislative solution for DACA recipients now that the program has ended (see below).
- American Immigration Lawyer’s Association detailed summary and analysis (AILA, 10/11/17)
- AILA Quicktake video (<5 minutes) summarizing highlights, AILA's concerns, and action recommendations (AILA, 10/10/17)
- View the National Immigrant Justice Center’s analysis of the document.
- Trump lists immigration demands that could derail ‘Dreamers’ deal (Politico, 10/8/17)
- The UC Hastings College of the Law Center for Gender and Refugee Studies (CGRS) released this statement, highlighting the negative impact of these principles on those seeking asylum in the United States (10/11/17).
[sta_anchor id=”DACA”]DACA (Deferred Action for Childhood Arrivals)[/sta_anchor]
Most Recent News
On January 9, 2018, a federal judge filed an injunction to partially block the administration’s cancellation of DACA. As a result of this injunction, individuals who were previously granted DACA may be eligible to renew DACA status, including those who were not eligible to renew their status under the Trump Administration’s executive action terminating DACA on September 5, 2017.
Here is what you need to know:
- If you have received DACA but your status has expired since September 5, 2017 or will expire soon (even if it expires after March 5, 2018) you can now submit a DACA renewal application.
- If your DACA status was terminated or expired before September 5th 2017, you are now eligible to apply for DACA again, BUT you will have to apply for DACA as an initial (new) application so you will need to gather the same kind of evidence you had to gather for your first application.
- USCIS should continue to accept renewal applications until a higher court lifts the injunction, until a final decision is made by the courts or until congress reaches a legislative solution regarding the DACA program. There is not a set deadline by which you have to send your application, but you should send your application as soon as possible since we do not know how long this injunction will be in place allowing applications to be processed.
- USCIS will no longer accept first-time DACA applications, but will continue to process first-time applications that were already pending by September 5th, 2017. This means that if you have never been a DACA beneficiary before, you are not eligible to apply.
- No applications for Advance Parole (Travel Permits) based on DACA status will be accepted
Community and Legal Resources:
Community Resources:
- FAQs: End of DACA (ILRC)
- Successful DACA Renewal Applications under New USCIS Guidelines (ILRC)
- Know what to do in case you come in contact with Immigration available in multiple languages (UWD)
Legal Practice Advisory:
- Practice Advisory: Bond-Related Issues for DACA (March 2018)
- Practice Advisory: Motions to Reopen for DACA Recipients with Removal Orders (March 2018)
- Practice Advisory: Stays of Removal for DACA Recipients with Removal Orders (March 2018)
- Practice Advisory: Screening DACA Recipients for Special Immigration Juvenile Status Eligibility (California-focused)
- Legal Services Toolkit: Practice Advisories on a variety of topics (Center for Human Rights and Constitutional Law, Dec. 2017)
- Defenses for DACA Recipients Facing Enforcement or Removal Proceedings
- Screening Potential DACA Requestors for Other Forms of Relief (AIC)
- Practice Advisory: Crimes and DACA Renewals (ILRC)
- About DACA and Employment (NILC)
[sta_anchor id=”Senate Bill 4: The Anti-Sanctuary Law”]Senate Bill 4: The Anti-Sanctuary Law [/sta_anchor]
Most Recent News
- On September 26, 2017, the Fifth Circuit Court of Appeals ruled that parts of Texas’ sanctuary cities ban can go into effect.
- On August 30, 2017, a federal court granted an injunction blocking the key provisions of SB4, which was set to go into effect on September 1, while the case moves through the courts. As a result of this ruling:
- Texas cities and counties can direct their officers not to serve in the role of immigration officers;
- Local jails are not required to hold individuals based only on a request by ICE;
- Local officials and employees can criticize SB4 and speak in favor of changes in immigration enforcement without fear of punishment under SB4
- Although the injunction does allow the provision for local police officers to ask an individual about immigration status, the individual does not have to answer, the police officer cannot arrest the individual for being undocumented, and the police officer cannot serve as an immigration officer.
- One-page summary (English) of the injunction and press briefing (MALDEF)
Background
- Governor Abbott signed the anti-sanctuary bill SB4 into law on May 7, 2017. Full text here.
- El Paso County subsequently filed a lawsuit challenging the law’s constitutionality.
- Houston, Austin, Dallas, and San Antonio joined the lawsuit.
Litigation
- Read an overview of the lawsuits against SB4 (ILRC, August 18, 2017)
- View everything filed in all ongoing SB4 litigation (Texas Civil Rights Project)
- Summary of legal arguments against SB4 (MALDEF)
- Second Amended Complaint
- City of Houston’s Complaint in Intervention
- Harris County’s Vince Ryan files declaration in suit.
SB4: Know Your Rights
- One page Know-Your-Rights flyer in English and Spanish (ACLU)
- We Have Rights: What to Do When Interacting with ICE
- The ACLU has produced videos on what to do in several enforcement scenarios. Available in English, Spanish, Urdu, Arabic, Haitian Creole, Russian, Mandarin.
- Constitutional Problems with Texas SB-4 (UH Professor Geoffrey A. Hoffman)
[sta_anchor id=”tps”]
Temporary Protected Status
[/sta_anchor]
The Trump administration has signaled it is in the process of phasing out the use of TPS. This means the administration will likely terminate TPS for many of the currently designated countries, affecting thousands of TPS holders, their families and communities.
Updates on Temporary Protected Status
- El Salvador: El Salvador received an 18-month termination in Jan. 2018. The last day of TPS for El Salvador will be Sept. 9. 2019.
- Honduras: Honduras received an 18- month termination on May 04, 2018. The last day of TPS for Honduras will be January 5, 2020.
- Haiti: Haiti received an 18-month termination in Nov. 2017. The last day of TPS for Haiti will be July 22, 2019.
- Nicaragua: Nicaragua received a 12-month termination in Nov. 2017. The last day of TPS for Nicaragua will be Jan. 5, 2019.
- Sudan: TPS for Sudan received a 12-month termination in Oct. 2017. The last day of TPS for Sudan will be Nov. 2, 2018.
- South Sudan: TPS for South Sudan received an 18-month extension in September 2017.
- Syria: Syria received an 18-month extension in Jan. 2018. The next decision date for TPS for Syria will be Aug. 1, 2019.
- Nepal: Nepal received an 18-month termination in April. 2018. The last day of TPS for Nepal will be June 24, 2019
DHS to Terminate TPS for Nepal on June 24, 2019. DHS determined that the country conditions have improved since the 2015 earthquake. More information from the American Immigration Council.
TPS: El Salvador
What are the important deadlines for Salvadoran TPS holders to keep in mind?
Re-registration period is running now through March 19, 2018, but people are encouraged to re-register as soon as possible. For those whose work authorizations previously expired on March 9, 2018, it is not automatically extended through Sept. 5, 2018. Employers may need to be educated about this – show them your EAD with the March date PLUS a copy of the federal register announcing the extension.
Where can people go to get assistance with re-registration?
The Houston Immigration Services Collaborative partners offer free and low-cost assistance with TPS renewals. Memorial Assistance Ministries, Catholic Charities Cabrini Center, and YMCA International Services provide this assistance. It is important to know that only attorneys and legal non-profits who have special accreditation from DOJ are authorized to complete these and other immigration forms. Notarios often charge more than non-profits like YMCA, Cabrini, and MAM – and often harm cases because they do not understand the law.
Does the end of TPS on September 9,2019 mean Salvadoran TPS holders will have to leave the country when TPS expires?
On September 9, 2019, Salvadorans will no longer have the special temporary status that protects them from deportation and gives them employment authorization. However, many Salvadorans may be eligible for other types of relief, like applying to become a permanent resident through a spouse or child or other types of visas. Important to consult with an attorney and begin that process as soon as possible.
[sta_anchor id=”EO”] Executive Orders on Immigration (2017)
Travel Ban EO: “Protecting the Nation From Foreign Terrorist Entry Into the United States”
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- Full text of Travel Ban 1.0 Executive Order, issued January 27, 2017); and full text in Spanish.
- Full text of Travel Ban 2.0 Executive Order, issued March 6, 2017.
- For analysis and current status of the ban, visit our Travel Ban page.
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Interior Enforcement EO: “Enhancing Public Safety in the Interior of the United States”
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- Full text of the Interior Enforcement Executive Order, issued January 25, 2017); full text in Spanish
- DHS Memo Implementing Interior Enforcement EO (issued 2/20/17)
- Analysis of the Order:
- Summary and Analysis (National Immigration Law Center)
- Annotated order (National Immigrant Justice Center)
- Side-by-side analysis of previous policy and this order (Migration Policy Institute)
- How this may affect immigrants:
- Fair Treatment Denied: The Trump Administration’s Troubling Attempt to Expand “Fast-Track” Deportations (ILRC, June 2017)
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Border Enforcement EO: “Border Security and Immigration Enforcement Improvements”
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- Full text of the Border Enforcement Executive Order, issued January 25, 2017; and full text in Spanish
- DHS Memo Implementing Border Security EO (issued February 20, 2017)
- Analysis of the Order:
- Summary and Analysis (Center for Migration Studies, covers all 3 orders)
- Annotated order (National Immigrant Justice Center)
- Side-by-side analysis of previous policy and this order (Migration Policy Institute)
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[sta_anchor id=”impact”]Impact of the Executive Orders on Immigration
Overview of Trump’s Enforcement Plan
- Analysis of Trump’s Enforcement Plan (American Immigration Lawyers Association, Apr. 2017)
Due Process & Immigration Courts
- Immigration court backlogs appear to have grown worse as a result of immigration judges being transferred from home courts to the border. Judges have frequently had to cancel cases on their overloaded home dockets only to find barely any work at their assigned courts—exacerbating the U.S. immigration court backlog that now exceeds 600,000 cases. According to internal memos sent by the DOJ’s Executive Office of Immigration Review (EOIR) and obtained by the National Immigrant Justice Center (NIJC) via a Freedom of Information Act request, judges delayed more than 20,000 home court hearings for their details to the border from March to May (read the full reporting by Politico, 9/27/17)
Children and Youth
- Analysis of how the executive orders may affect unaccompanied children (Immigration Legal Resource Center, Mar. 2017)
- Overview of of how U.S. citizen children may be impacted by immigration enforcement, including the effect on childrens’ development, short-and long-term health, and socioeconomic stability (American Immigration Council, Mar. 2017)
- Report: “Betraying Family Values: How Immigration Policy at the United States Border is Separating Families,” highlighting the impact of separation on the well-being of families and the consequences on families’ access to protection and justice (Women’s Refugee Commission, Kids in Need of Defense, and Lutheran Immigration and Refugee Services, Mar. 2017)
Asylum Seekers
- USCIS Announces New Lesson Plans for Credible and Reasonable Fear Interviews (Feb. 2017)
- Credible Fear Interview (CFI) Lesson Plan: Summary; Lesson Plan
- Reasonable Fear Interview (RFI) Lesson Plan: Summary; Lesson Plan
- Analysis: Summary of changes to CFI and RFI lesson plans (Tahirih Justice Center, Mar. 2017)
- Report on “Violations at the Border: The El Paso Sector,” examining recent practices at the southern border that may be expanded under the executive orders (Human Rights First, Feb. 2017)
- Factsheet, “Asylum Under Threat: Impact of President Trump’s Immigration Executive Orders and the Department of Homeland Security’s Memoranda on Asylum Seekers” (Human Rights First, Feb. 2017)
- President Obama and, as such, the program could easily be eliminated should President Trump decide to end it. Read more information if you have questions about whether to apply for the first time or renew your DACA status.
Refugees
- Congressional Advocacy Toolkit with information on the executive orders. You can find that here: (Refugee Council USA, April 2017)
- FAQ for refugees and asylees who have been asked for an interview with DHS/FBI (HILSC)
Enforcement Actions: Sensitive Locations
- Practice Advisory on Remedies to DHS Enforcement at Courthouses and Other Protected Locations (National Immigration Project, Apr. 2017)
Sanctuary Jurisdictions
- Fact Sheet on Sanctuary Policies: what are they and their compliance with law (American Immigration Council, Feb. 2017)
Expedited Removal
- Fact Sheet on expedited removal (American Immigration Council, Feb. 2017)
Detention
- Article explaining how the first new detention facility built under Trump will be in Houston’s backyard (Texas Tribune, April 2016)
Criminal Prosecution Priorities Relating to Immigrants
- Sessions memo outlining prosecutorial priorities at the border (Apr. 2017)
- Sessions memo rescinds Obama memo and brings back the use of private prisons (Feb. 2017)
- Fact Sheet on immigration detainers (American Immigration Council, Jan. 2017)
- Practice Advisory on Social Media, Criminalization, and Immigration, discussing how information shared on social media could be used against a person in a criminal or immigration case, and how to prevent this from happening. (National Immigration Project, Apr. 2017)
- Update: ICE refuses to share comprehensive detainer data with Transactional Records Access Clearinghouse (TRAC, Mar. 2017)
Border Wall
- Fact Sheet on the costs of a border wall (American Immigration Council, Jan. 2017)
For volunteer opportunities relating to the changes in immigration policy, please visit our Get Involved page.