DHS Reverses, Will Accept Some Mail-Delayed DACA Applications

DHS Reverses, Will Accept Some Mail-Delayed DACA Applications



http://media.breitbart.com/media/201...e9-640x435.jpgThe Associated Press

by NEIL MUNRO16 Nov 2017

The Department of Homeland Security has bent under progressive pressure and will allow a few hundred DACA illegals to refile their delayed-in-the-mail applications for their DACA amnesty extension.



The decision was announced Wednesday evening and was justified as a decent concession to a small number of applicants whose too-late applications were delayed by the mailservice after prior statements had said the late applications would not be accepted.


Under President Donald Trump’s plan, roughly one-quarter of the 690,000 DACA applicants were allowed to file for a two-year extension of their DACA work-permits before October 5. The deadline was expected to soften protests by business and Democrats as the program heads towards elimination in 2019. Roughly 300,000 DACA illegals will lose their work permits before November 2018.


But progressives cheered the DHS reversal as a more–boosting victory in their campaign to rush a no-strings amnesty for millions of unskilled ‘dreamer’ illegals through Congress in December:





https://pbs.twimg.com/profile_images...M8T_bigger.jpg




Luis V. Gutierrez

@RepGutierrez

This is about getting Americans into the system & on the books so that they can live and work in the only country they have ever known --> In Reversal, #Immigration Agency Will Consider Delayed #DACA Requests - @nytimes @nytlizrobbins (link: http://nyti.ms/2zJ9dpX) nyti.ms/2zJ9dpX #twill #HeretoStay


According to vox.com, a pro-amnesty outlet:

At least 18,000 immigrants are going to lose their DACA protections because they didn’t apply for renewal in time at all (possibly because they didn’t know about the October 5 deadline, which was announced only a month in advance, and which immigrants weren’t informed by the government about). At least some of the 4,000 late applications probably aren’t eligible to be reconsidered. And, of course, it’s not at all clear how stingy USCIS will be in actually approving DACA renewal applications on the merits…


But now the administration is taking a less aggressive stance toward stripping DACA recipients of the protections they currently have. And it’s no longer using “the rule of law” to penalize immigrants who, when applying for one last DACA renewal, did all the right things.

The reversal comes as groups of GOP Senators and House members huddle to develop their own DACA-related plans, and as business groups, Democrats and media allies lobby for huge and open-ended ‘Dream Act’ amnesty. Both groups of legislators are weighing whether to push a cheap-labor amnesty that would be cheered by Dmeocrats but opposed by voters or to push a pro-voter plan that would package a cut to annual immigration numbers with a limited DACA extension.

Democrats are pushing for the huge and hugely expensive Dream Act for 3.6 million illegals, which would allow the new immigrants to also bring in millions of their homeland chain-migration relatives, regardless of their job skills, health, age or ideology. Democrats support the continued mass-immigration because the vast majority of lower-skilled immigrants vote Democratic.

But voters strongly oppose cheap-labor amnesties. In 2014, voters blocked the Democratic-backed “Gang of Eight” cheap-labor and amnesty bill and then flipped nine Democratic Senate seats to the GOP. In 2016, the voters showed their anger over immigration by picking a pro-American real-estate developer for the presidency.


Many legislators do not understand public attitudes about immigration, in part, because their usual pollsters also being paid by their business clients to tout an amnesty. These industry-funded “nation of immigrants” polls are skewed to show that Americans want to welcome migrants. But other “fairness” polls show that voters also put a much higher priority on helping their families, neighbors, and fellow nationals get decent jobs in a high-tech, high-immigration, low-wage economy.


The political significance of the DHS reversal is unclear. Nonetheless, the apparent reversal was lamented by pro-American immigration reformers.






https://pbs.twimg.com/profile_images...WaP_bigger.jpg




Mark Krikorian

@MarkSKrikorian


Acting DHS Sec'y does it again, orders certain late DACA renewal applications to be considered.

https://pbs.twimg.com/card_img/93099...g&name=386x202



In Reversal, Immigration Agency Will Consider Delayed DACA Requests
nytimes.com


11:39 PM · Nov 15, 2017




The DHS Statement said:

U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy has been rescinded and individuals can no longer request deferred action under DACA, and in light of the mail service delays identified by USPS, Acting Secretary of Homeland Security Elaine Duke has directed USCIS to accept DACA renewal requests from individuals who resubmit their DACA renewal request with individualized proof that the request was originally mailed in a timely manner and that the cause for receipt after the Oct. 5, 2017, deadline was the result of USPS mail service error. Affected DACA requestors who do not have such proof may contact USPS, which will review the cases on an individual basis and provide a letter if appropriate. USCIS will not accept requests that do not include individualized proof that the request was originally mailed in a timely manner to be received by the October 5 deadline, and that the cause for receipt after the Oct. 5, 2017, deadline was the result of USPS mail service error.


In addition, USCIS had discovered certain cases in which the DACA requests were received at the designated filing location (e.g., at the applicable P.O. Box) by the filing deadline, but were rejected. USCIS will proactively reach out to those DACA requestors to inform them that they may resubmit their DACA request. If a DACA requestor does not receive such a notification and believes that his or her DACA request was received at the designated filing location by the filing deadline, he or she may resubmit his or her DACA request with proof that the request was previously received at the designated filing location on or before the filing deadline.


Additional guidance is forthcoming.

http://www.breitbart.com/immigration...-applications/

The date stamp should be on the envelope! Just like filing taxes by the deadline.

In Reversal, Immigration Agency Will Consider Delayed DACA Requests

By LIZ ROBBINSNOV. 15, 2017





https://static01.nyt.com/images/2017...-master768.jpg




In September, the Trump administration canceled the Deferred Action for Childhood Arrivals program, which allowed young immigrants who were brought to the United States illegally as children to work and go to school without fear of deportation. Crowds across the country protested the decision.CreditYana Paskova for The New York Times After nearly 100 applications to renew permits that let immigrants stay and work in the United States legally were rejected because they had been delayed in the mail, the United States Citizenship and Immigration Services agency last week said nothing could be done; the decisions were final.


But on Wednesday night, the agency reversed its position. In light of the delays, it agreed to allow those rejected because of mail delays to resubmit their renewals for Deferred Action for Childhood Arrivals.


The Department of Homeland Security’s acting director, Elaine C. Duke, told the immigration agency to allow applicants to resubmit their paperwork if they have proof that they mailed their renewal in a timely manner and that the reason it missed the Oct. 5 deadline was because of Postal Service mail delays. Homeland Security issued the guideline in a statement Wednesday night.


Immigration advocates were pleased with the turnabout. “We’re glad to see U.S.C.I.S. do the right thing by accepting these applications,” said Camille Mackler, the director of legal immigration policy at the New York Immigration Coalition, an immigrant advocacy group. “This news will come as a huge relief to DACA recipients who had been living with enormous anxiety for weeks now.”
The rejection of the delayed applications was reported by The New York Times last week. At least 74 applications from the New York area and Chicago were known to have been rejected as a result of mail problems in Chicago, for which the Postal Service took responsibility. The immigration agency said it was “not responsible” for mail delays.



In New York, lawyers reported that 18 out of 34 applications had actually arrived at the Chicago location on Oct. 5, according to postal receipts, and yet were not accepted by the immigration agency until the next day.


The government, in fact, acknowledged this in its statement on Wednesday:


“In addition, U.S.C.I.S. had discovered certain cases in which the DACA requests were received at the designated filing location (e.g., at the applicable P.O. Box) by the filing deadline, but were rejected,” Homeland Security said. “U.S.C.I.S. will proactively reach out to those DACA requestors to inform them that they may resubmit their DACA request.”


Officials from the immigration agency said they were still investigating the cause and location of the problems. Details about refunds for the $495 application fee and the date of the new deadline would be forthcoming, the agency said.


On Sept. 5, the Trump administration canceled the Obama-era DACA program, which allowed nearly 800,000 young immigrants who were brought to the country illegally as children to work and go to school in the United States without fear of deportation. Those whose permits were expiring before March 5, 2018, were permitted to renew their application by Oct. 5 for a two-year period.


The deadline led to a frenzy of 132,000 applications, according to U.S.C.I.S. At least 4,000 renewals were rejected because they were late, according to a government official in an Oct. 18 deposition in a federal lawsuit over the cancellation of DACA.




It was not clear how many of those 4,000 were rejected because of mail delivery issues, and if that number has increased since Oct. 18.


But as of Wednesday, the number of DACA renewal applicants who had been rejected because of mail delays had increased to 115, according to lawyers and lawmakers, including cases in Texas, Wisconsin, Washington State, North Carolina and Michigan. Senators and members of the House of Representatives sent letters of protest to the Department of Homeland Security this week.


There are three U.S.C.I.S. intake locations, known as lockboxes, in the United States: in Phoenix, Chicago and Lewisville, Tex., a suburb of Dallas. All three were affected by the mail delays, according to immigration advocates.

The lockboxes are managed by the Treasury Department, because checks are included in the applications, but a courier service picks up the mail and delivers it to immigration agency. Most immigration applications require that they be postmarked by a certain date, rather than received by that date. But the recent DACA renewal departed from that policy.


“All of this could have been avoided by not having a very short arbitrary deadline and by responding to our concerns about having a received-by deadline,” said Kate Voigt, the associate director of government relations for the American Immigration Lawyers Association.

The government had a deadline of its own to address the mail delays because of continuing litigation. A hearing is scheduled in Brooklyn on Thursday morning in the federal lawsuit disputing DACA’s end. On Tuesday, the three plaintiffs — two immigrant advocacy groups and a legal services organization from Yale Law School — wrote to Judge Nicholas G. Garaufis of Federal District Court in Brooklyn asking to amend their original complaint to include the issue of the rejected applications because of mail delays.
Angela Fernandez, the executive director of the Northern Manhattan Coalition for Immigrant Rights, an advocacy organization, sent out 15 DACA renewals on Sept. 26, all of which were hand-delivered by a staff member to the post office.


All of those renewals were accepted by the immigration agency on Oct. 1, except for one. That application was marked “in transit” in Chicago and did not arrive until Oct. 6. It belonged to Simrri Juarez, 27, a television programmer in Manhattan. His wife, Hortencia, had her application accepted weeks earlier.


“Wow, I’m speechless,” Mr. Juarez said when reached Wednesday night. “Since I’m the one that provides the most for this house, it’s a big relief. I’m going to be able to keep this job and not fear what I’m going to do.”
Follow Liz Robbins on Twitter: @nytlizrobbins



https://www.nytimes.com/2017/11/15/n...ype=collection

General Kelly, Elaine Duke, Kirstjen Nielsen, Thomas Homan - Amnesty Birds of a Feather - Terrible for America on stopping illegal immigration. They have all worked and/or spoken out to increase it by DACA carve outs, Dream Act legislation or by only going after criminal illegal aliens.

Quote:

---

Originally Posted by GeorgiaPeach

General Kelly, Elaine Duke, Kirstjen Nielsen, Thomas Homan - Amnesty Birds of a Feather - Terrible for America on stopping illegal immigration. They have all worked and/or spoken out to increase it by DACA carve outs, Dream Act legislation or by only going after criminal illegal aliens.

---

Yep, in this instance it sounds like we have Elaine Duke's to thank. :mad: