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Title 42: Is the end close for this controversial policy?

The controversial CDC-enforced protocol called Title 42 may finally be coming to an end. When can we expect the policy to be officially lifted?

Although the government previously stated that the controversial Title 42 policy was kept in place for sanitary reasons and that the CDC (Centers for Disease Control and Prevention) was the only government agency with the power to remove this measure, it has recently transcended that this might not be necessarily the case. Several media outlets have reported a few days ago that the White House seems to be planning the end of the health protocol in May.

The policy called Title 42 was implemented at the beginning of the COVID-19 pandemic, and still remains active two years later, despite the fact that most restrictions have been lifted in the country and the vast majority of the population is already vaccinated against the virus. Many immigration advocates pressured the government to stop this measure before, but to no avail.

Although there is no official announcement yet, many outlets announced that the White House will set May 23 as the final date for the application of the measure. President Biden himself let the press know that there will soon be news on this issue when asked about the topic.

A problematic policy: the effects of Title 42 on immigration

The continued application of Title 42 has been questioned not only by human rights activists but also by Republican congressmen such as Schumer and Menendez. Until now, the government stated that the decision to extend this measure rests exclusively within the CDC, which evaluates the need for said protocol every 60 days. However, there seems to be a common consensus now among many Democrats that the CDC will change its position if there is a presidential directive to do so.

For many, the continuation of this measure seems to have no logical reason from an epidemiological or health perspective, and its continuity reveals a hidden agenda against immigration. The unpleasant parallel with its application during the openly anti-immigrant Trump administration has been raised by many advocates that worry the Democrat’s immigration agenda is not sincere enough.

The Border Patrol has also reported that the numbers of asylum seekers who come to the border each day are very high, and could set new records and that the current health restrictions are the only thing that keeps this number relatively low.

Why wait until May 23?

Some sources speculate that the date provided by the government – May 23 – is intended to
give border authorities enough time to establish a strategy to receive asylum seekers once these restrictions are lifted.

While the number of migrants traveling toward the border appears to be increasing, the same cannot be said for COVID-19 cases at the border, and that is precisely where the Title 42 issue should be focused: the sanitary measure is there to protect the people’s health, and not to be used as an excuse to expel migrants and speed up deportations.

In any case, the CDC is scheduled to review its sanitary protocols sometime in April, so there will probably be official news on this subject soon. We believe that this is an unfair measure that has been misused by both current and former administrations to bypass laws and regulations and deny humanitarian assistance to asylum seekers at the southern border. Hopefully, it will be lifted soon.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!

Kansas conservatives push to ban ‘sanctuary cities’ | 2022

In a retaliatory move, Kansas Attorney General Derek Schmidt pushed for a ban on sanctuary cities in the state.

After the Unified Government of Kansas City and Wyandotte County started issuing municipal ID cards to undocumented residents, Attorney General Derek Schmidt pushed to ban all ‘sanctuary cities’ in the state. According to many immigration advocates, if this policy change succeeds, it will have ‘insidious effects’.

The goal of this legislation would be to prohibit municipal governments the adoption of rules that might block cooperation with federal agencies that persecute undocumented residents like ICE. However, Schmidt maintains that this legislation is the only pathway toward ensuring that the state is ‘safe and welcoming to immigrants’.

Local government looking to maximize access to public services through ID program for undocumented residents

The government of Kansas City and Wyandotte County recently began authorizing the issuance of ID cards to undocumented residents in order to improve general access to public services in the local population through legislation called The Safe and Welcoming City Act. This legislation also ensured that ID information gathered through the program wouldn’t be shared with federal agencies like U.S. Immigration and Customs Enforcement (ICE).

This led Attorney General Derek Schmidt to push for a ban on any sanctuary laws that might hinder the work of federal agencies. However, the legislation faced outnumbering opposition during a hearing last Tuesday in the House Federal and State Affairs Committee.

Many opponents of the measure, like Alejandro Rangel-Lopez, lead coordinator for the New Frontiers Project, remarked that a ban like this could have very damaging effects to whole migrant communities because even if the bill only targets legal immigrants, many families with mixed-status would suffer the consequences.

“It should be clear to you now that this is not a game. The choices you make as a legislator have very real impacts on the lives of people like me and my family. Listen to us when we tell you this will have insidious effects on crime reporting in immigrant communities. Listen to us when we tell you that your decisions don’t exist in a vacuum.”

Rangel-Lopez said.

What does the ban on ‘sanctuary cities’ aim to prohibit exactly?

Under the House Bill 2717, local units of government would be barred from adopting any “ordinance, resolution, rule or policy” that might interfere with federal law enforcement investigations or cooperation between local and federal agencies. This measure would also prohibit municipal governments from issuing any kind of ID cards to undocumented residents.

12 other states have already enacted similar state-level laws banning or restricting sanctuary laws that protect undocumented residents. Kansas Legislature has previously considered legislation to prohibit sanctuary laws and cities in the state on several occasions, but until now, none has passed.

Attorney General Derek Schmidt, who is a Republican candidate for governor, stated that Kansas needed such a law to make sure the entire state is safe and welcoming to immigrants.

“That worthy goal cannot be properly accomplished through a patchwork process of local jurisdictions deciding to prohibit their local law enforcement agencies from cooperating or even communicating with federal authorities, nor can that be accomplished by issuing to non-citizens new local-government identification cards that lack basic anti-fraud and anti-abuse safeguards built into state law.”

Schmidt said.

We need more migrant workers specializing in home-based care

Many migrant workers find growth opportunities in the booming market of home-based care. But restrictive immigration policies make it difficult for recruiters to keep up with their staffing needs.

For the past few years, home-based care agencies have been going through a staffing crisis, a crisis that COVID-19 made even more pressing. And most Americans don’t want to do this type of work, so the industry is mostly comprised of migrant workers.

The restrictive immigration policies set in place during the Trump administration, only slightly improved during the current presidential term, make it very difficult to recruit this pool of experienced and dedicated foreign workers. To ease this situation, many agencies have been trying to keep retain their workers and keep them from entering other industries.

But given the growing need for this kind of caregivers everywhere, some crucial changes to immigration policies are needed to keep up with the demand.

The home-based care industry crisis explained

Current immigration policies make it very hard to recruit enough caregivers to meet the needs of Americans. According to Kristie De Peña, VP for policy and Director of Immigration at the Niskanen Center, one of the main issues is the lack of awareness.

“Americans don’t want to do this work for a number of reasons, and so it often falls to foreign workers. This has sort of been this slow-growing emergency that we have an opportunity to prepare for, but it doesn’t seem like it’s not capturing enough attention.”

De Peña said.

Reports from PHI (a research and policy change advocacy group specializing in the direct care industry) suggest that over 7 million more care workers will be needed by 2029. And at least half or more of those workers will need to work in the home-based care market.

Given the sheer number of workers needed to satisfy the home-based care needs of the American population, domestic hiring alone simply won’t be enough. And already more than 25% of home care workers are migrant workers.

An abandoned solution for migrant workers

The amount of migrant workers in home-based care has risen steadily since the 80’s, but until recently, there was a policy that allowed migrants specializing in this line of work to get work visas. ‘Home health aide’ was specifically mentioned as a qualified occupation for potential immigrants.
In 2009, an under-the-radar policy change removed this qualifying occupation from the visa program, hugely complicating things for the care industry and migrant workers willing to work in the US. Changing politics played a big role in the removal of this benefit, but also did a lack of awareness of it.

“It was kind of underutilized and so it got cast aside. The underutilization of it wasn’t reflective of the need, it was just reflective of people not knowing about it. It just wasn’t a widely known program. So Congress said, ‘Okay, well, if it’s not being used, then we’re going to get rid of it.”

De Peña commented.

If this program was revived, this would immediately help alleviate the home-based care providers and demand. Other fixes to this issue could be creating new programs similar to the Au Pair program, which allows migrant workers to care for children in the US, but oriented toward seniors or people with disabilities. In any case, according to most experts in this field, this issue will only exacerbate in the next few years, and not tackling it now might mean a continued crisis in the sector for many years to come.

ITIN number: Paying taxes as an immigrant | 2022

Learn why it is crucial to get an ITIN number and begin paying taxes no matter your immigration status.

We are approaching the time of year when all US taxpayers are due to file their taxes, including non-residents, and if you are just beginning your immigration journey, it is normal to have a million questions regarding this topic. If you aren’t familiar with what an ITIN number means, it is basically a tax ID number for immigrants and individuals that do not have, and are not eligible to obtain, a Social Security Number (SSN). The acronym ITIN means Individual Taxpayer Identification Number.

This form of taxpayer identification is provided by the Internal Revenue Service (IRS), and getting one can be very helpful in your immigration journey, as doing so can prove that you have good intentions and will be a contributing citizen of the United States. But, regardless of your long-term plans or immigration status – whether you want to immigrate to the US and acquire a Green Card, or just live and work occasionally here – if you earn any form of income in the country, you must report it to the IRS just the same.

For non-residents, however, this may not be so obvious. You might be wondering what happens if I share my personal information with the IRS and my immigration status is sensitive? What benefits do I get if I file my taxes? How do I declare income with an ITIN number?

At the Law Office of Shelle-Ann Simon we want to help you grow and fulfill your dreams of immigrating to the United States. We believe that knowledge is power, and knowing your tax rights and obligations as a newcomer is essential to progress through the immigration system and making the best decisions for you and your family.

What happens if I’m undocumented? Can I be deported if I start filing my taxes?

As long as you file your taxes correctly and on time, you have nothing to fear. The information you submit to the IRS is completely confidential, and is never shared with other government entities like ICE or USCIS unless your presence in the country is regarded as a danger to the public.

Following the principles established in federal law, the Taxpayer Bill of Rights establishes that every taxpayer, regardless of immigration status, has a right to privacy. This means that when you file your taxes, the Internal Revenue Service (IRS) will not investigate more than necessary.

And by filing your taxes, you will be complying with the law. Whether you are a citizen or your immigration status is not ideal, it will always be the best course of action to comply timely with your federal obligations, in this case with the IRS. In addition, there are multiple benefits that you can obtain thanks to your taxes.

What benefits can I get if I decide to obtain an ITIN number and start paying taxes?

There are dozens of benefits for which you could qualify. To begin with, if you are an employee and throughout the year you paid taxes without being registered, if you overpaid without realizing it, you can recover most of that money thanks to IRS refunds.

In addition, there are many tax credits that you can take advantage of, regardless of your immigration status. For example, for tax year 2021, the Child Tax Credit (CTC) was up to $3,000 per qualifying child over the age of 6 and up to $3,600 for each qualifying child under the age of 6.

Families with children age 17 and under are also eligible for this credit. Also, during the tax year 2021, this credit was fully refundable. This means that you could get the money up front, sent by check or bank deposit as a refund even if you didn’t owe the IRS anything.

Although this credit requires that the eligible child have a Social Security Number, as a taxpayer you can claim it even if you are not eligible to obtain an SSN, as long as you have filed an ITIN number with the IRS. Another requirement is that you must live most of the year at your primary address in the United States.

Two other credits you can take advantage of, even if you and your dependents are not eligible for an SSN, are the Other Dependent Credit, up to $500, and the American Opportunity Credit, up to $2,500 per eligible student. You only need an ITIN number to claim these credits.

Will I get immigration benefits if I pay my taxes?

Another advantage of filing your taxes regardless of your immigration status goes beyond financial perks. If you intend to start the process to become a permanent resident, one of the requirements is to be able to demonstrate that, during a period determined by immigration law, you have been a person of good moral character. And one of the main ways to show that you meet that requirement is by showing evidence that you have filed your taxes correctly and on time.

How do I get my ITIN number?

The IRS issues an ITIN number so people who are not eligible for an SSN can file their taxes. This number is requested through the W-7 form, which is estimated to take 6-10 weeks to process.

If you don’t have your ITIN number yet, don’t worry, the IRS allows you to submit your tax return simultaneously with the W-7 form, along with the corresponding documentation that confirms your identity. This can be very helpful for first-time tax filers.

Texas challenges new immigration policy for ICE | 2022

The stop of mass deportations carried out by the Immigration and Customs Enforcement (ICE) agency was undoubtedly Biden’s immigration policy that gave immigrants the most relief. A legal challenge against these new guidelines will go to trial this week in Houston.

For thousands of immigrants and their families, the changes brought to immigration policy by the Biden administration came as a huge relief. Under the previous government, many of them would have been deported to Mexico without even having an opportunity to apply for asylum or begin their immigration journey through USCIS.

But over the past year, Democrats have applied various legal mechanisms to stop most deportations and arrests carried out by federal agencies such as Immigration and Customs Enforcement (ICE). Thanks to the new immigration policy, undocumented migrants who are not considered a danger to public safety and who contribute to the country’s economy with their work are no longer a priority for deportation.

According to the application guidelines written by Alejandro Mayorkas, the secretary of the DHS, living without legal documentation in the United States is no longer, by itself, sufficient reason to arrest or deport someone.

Stopping deportations: A Success Story for the Biden Administration

This immigration policy was highly successful and produced tangible changes for millions of immigrants who live and work across the country, who today can be confident that they will not be deported or detained overnight. Even when much of the government’s immigration agenda has been blocked by the Republican opposition, this measure guaranteed bare minimum living conditions for the migrant population.

Under the new DHS guidelines, immigration authorities must consider the “totality of the circumstances” of each case, including whether a migrant is caring for a family member or has a potential path to legal status. Some immigrant advocacy groups still complain that ICE is still investigating cases against people who should not be considered priorities for detention or deportation under the new immigration policy, while sectors of the opposition maintain that Biden is taking the discretionary deportation policy too far.

“Prosecutor discretion is supposed to be the exception, not the rule. This administration is using it as an excuse and as a rule to not enforce the law.”

Said Lora Ries, a former DHS official during the Trump administration and part of the Heritage Foundation.

Texas and Louisiana against the stop of deportations

Despite broad popular support for the measure, this policy is in danger of being blocked by the federal courts. A legal challenge to DHS’s discretionary enforcement of detainers will begin this week, pushed by the states of Texas and Louisiana.

Conservative sectors in Texas and other states protest the decrease in arrests and deportations carried out by ICE. They also argue that local jails have been forced to release undocumented immigrants who previously would have been detained by the federal agency.

Meanwhile, Mayorkas defends the new application priorities.

“We will not devote our limited resources to detaining people who have been in this country for many years, who have been contributing members of our communities.”

He testified in a speech last month before the United States Conference of Mayors.

The secretary of the DHS insists that ICE now has the ability to focus on real threats to public and national security, exercising what is known as prosecutorial discretion in deciding which cases are worth investigating and which are not.

The legal challenge from Texas and Louisiana is scheduled to go to trial this week in Houston. He will be heard by federal Judge Drew Tipton, who was appointed as a judge by former President Donald Trump. Tipton has tried to block immigration policy implemented by the DHS before.

How to open a bank account in the United States: A guide for new immigrants

If you recently started a new life in the country, you might be wondering how to take the first essential steps. How to open a bank account is a common question for new immigrants that want to fully integrate as citizens and taxpayers.

Even if you are well versed in finances and how to open a bank account hardly seems like something that might give you pause, as a new immigrant things aren’t usually as straightforward as they might seem. The financial system in the US can be quite complicated at times, and learning both tax rules and other requirements might be a little challenging at first.

However, this is one of the issues that you will want to tackle early, since it is a crucial step needed for work and even for immigration purposes. In this essential guide for new immigrants, we will outline how to open a bank account and the main benefits of starting your financial life in the country as soon as possible.

The perks of opening a bank account as soon as you can

A bank account in your name isn’t only a convenient way to receive payments and safeguard income after starting a job in the country, but it is also a way of accessing other benefits like a credit card, automatic withdrawals for certain services or expenses, and dozens of other options like investing, loans and more. It goes without saying that some jobs will even require you to have one in order to invoice your payments.

How to open a bank account as a non-citizen or recently arrived immigrant

While most banks in the country will generally allow non-citizens to open their bank accounts, and will of course provide you their services if you already have permanent residency, in some cases something called a ‘presence test’ may be required. This means that you will have to prove your residency in the United States for at least 31 days in the current year, and 183 days in total during the last 2 years.

You will also be required to present your ITIN or Individual Taxpayer Identification Number or Social Security Number (SSN) if you have one. If you don’t know how to obtain an ITIN number, it is a quite straightforward process that can be done as a non-citizen with the Internal Revenue Service (IRS) in order to begin paying taxes.

What documents do I need in order to open a bank account in the United States?

If you are eligible to open a bank account in the country, you will need to present certain documents. While each bank will likely have slightly different requirements, in general they request some of the following information:

Social Security Number or ITIN
A valid address in the US
A utility bill in your name with a local address
Another form of identification like a passport, visa, or a driver’s license.

Also, remember that depending on the bank you might be asked to make a cash deposit of between $25 and $100 to justify the opening of the account.

How can I apply for an ITIN number if I don’t have one?

This is an essential step to begin financial and tax life in the country. To obtain a special identification from the Internal Revenue Service (IRS) you must first request and complete a W-7 Form. Also, you will need to present your immigration status documents and some proof of identity. This process can be done entirely online or personally at an IRS center.

We hope that this brief guide for new immigrants will help you begin a new life in the country and start building up toward your dreams.