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The DREAM Act is Finally Passed in New York On January 23, 2019, both the New York Assembly and Senate passed the DREAM Act (the “Act”), which provides financial aid and scholarship opportunities as well as in-State tuition rates for undocumented students in New York State.  Similar bills have been proposed in the State legislature…

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USCIS Policy Change Regarding Notices to Appear to Undocumented Immigrants   On July 5, 2018, United States Citizenship and Immigration Services (“USCIS”) issued a press release regarding a new Policy Memorandum dated June 28, 2018, that implements a very important change to prior policy on the issuance of Notices to Appear (“NTAs”). NTAs are the…

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Immigrant Family Separation:  An Update      In response to public outrage, an Executive Order (the “Order”) was signed on June 20, 2018,  that changes the government’s policy of separating immigrant families but only to the extent that resources or “appropriations” are available to house the families together. The Order confirms the government’s “zero tolerance”…

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Recent Change to the Processing of Asylum and Convention Against Torture Applications Current immigration law allows foreign nationals to apply for asylum within one year of entering the United States if they have suffered, or have a credible fear of suffering, persecution on the basis of: Race; Religion; Nationality; Membership in a particular social group;…

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What Law Requires Separation of Immigrant Families?  People have been asking: what federal law requires immigrant parents to be separated from their children? Here’s the answer: there is no such law.  What you see on the news happening at our borders right now is not required by any current law; it is the result of…

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DACA Program May Resume in 90 Days    A federal court in Washington D.C. ruled yesterday (4/24/18) that the Department of Homeland Security (“DHS”) has ninety (90) days to justify its rescission of the Deferred Action for Childhood Arrivals (“DACA”) program or the recession will be vacated in full.  The case can be found here:…

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Exemptions to Minimum Wage and Overtime Law for Farms  Did you know that agricultural labor is not required to be paid overtime and, in some cases, not even minimum wage? That’s right.  The exemptions fall under the Fair Labor Standards Act (“FLSA”), which New York’s Labor Law follows (see 12 NYCRR 142-2.2).  Sections 213(a)(6) and…

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DACA UPDATE: Was your DACA Renewal Denied due to Postal Delays? According to a memo issued by United States Citizenship and Immigration Services (“USCIS”) on November 15, 2017, Deferred Action for Childhood Arrivals (“DACA”) renewal applications that were mailed before the October 5th deadline but that were not actually received until after the deadline due…

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Planeando por sus Hijos Menores de Edad y Bienes en caso de Deportación Inmigrantes indocumentados preocupados con los recientes Ordenes Ejecutivos del Presidente Trump que autorizan deportación de cualquier persona que esta fuera de estatus inmigratorio, aunque no tengan antecedentes criminales, se recomiende que planean por el cuidado de sus niños menores de edad y…

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Sanctuary Cities and Jurisdictions What is a sanctuary jurisdiction? There is no legal definition, but a sanctuary city or jurisdiction is generally a municipality that either refuses to implement federal immigration law or limits local law enforcement’s implementation of federal immigration law and cooperation with federal immigration agencies.  Some sanctuary jurisdictions have made verbal promises…

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