Immigration Newsletter: December 2012/January 2013

Friends,

Happy New Year!  2013 brings several exciting immigration updates.  President Obama issued a Presidential Proclamation designating January as National Slavery and Human Trafficking Prevention Month:

[F]or more than a century, we have made it a national mission to bring slavery and human trafficking to an end. My Administration has been deeply committed to carrying this legacy forward — beginning with trafficking that happens on our own shores. We have strengthened protections so all wforkers know their rights, expanded efforts to identify and serve domestic victims, devoted new resources to dismantling trafficking networks, and put more traffickers behind bars than ever before. In the months ahead, we will continue to take action by empowering investigators and law enforcement with the training they need, and by engaging businesses, advocates, and students in developing cutting-edge tools people can use to stay safe.

-President Barack Obama, Presidential Proclamation issued on 12/31/12

Read the full text of the President’s proclamation here.

President Barack Obama listens to Cecilia Muñoz, Assistant to the President and Director of the Domestic Policy Council, during a meeting in the Roosevelt Room of the White House, Dec. 18, 2012. At right is Roberto Rodriguez, Special Assistant to the President for Education Policy. (Official White House Photo by Pete Souza)

In this edition of the newsletter, you will read about the Department of Homeland Security’s (DHS) recent publication of its Final Rule to support family unity during waiver process; and U.S. Citizenship and Immigration Services’ (USCIS) new online resource center, Entrepreneur Pathways.  We also provide updates on DHS’s draft regulation implementing the Prison Rape Elimination Act of 2003 (PREA) in its confinement facilities, the celebration of Bill of Rights Day, and U.S. Immigration and Customs Enforcement (ICE’s) new national detainer policy.

One of the first immigration related announcements of the year came last week on January 2, 2013, when Secretary Napolitano announced DHS had finalized a new rule to establish a process to potentially reduce the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances.  The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013. More information about the filing process will be made available in the coming weeks.

A snapshot of Entrepreneur Pathways : http://www.uscis.gov/portal/site/uscis/eir

In December, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the Entrepreneurs in Residence (EIR) initiative by launching an online resource center, Entrepreneur Pathways.  In his announcement, Director Alejandro Mayorkas explained:

“Entrepreneur Pathways is a signature accomplishment of USCIS’s Entrepreneurs in Residence initiative, which has focused on realizing our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America.”

Finally, below are additional agency updates and upcoming events, including ICE Public Advocate Stakeholder Community Roundtables and USCIS’s first 2013 stakeholder engagements.

As always, please share with your networks and we look forward to working with you throughout the new year!

Julie Chávez Rodriguez
Associate Director
White House | Office of Public Engagement
jrodriguez@who.eop.gov

Agency Updates

Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process
January 2, 2013
On January 2, 2013, Secretary Napolitano announced the posting of the final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances.  The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. USCIS received more than 4,000 comments in response to the April 2, 2012, proposed rule and considered all of them in preparing the final rule.  The process will be effective on March 4, 2013, and more information about the filing process will be made available in the coming weeks at http://www.uscis.gov/.

Temporary Protected Status Re-registration Period Extended for Haitian Nationals
December 27, 2012
On December 27, 2012, USCIS announced an extension of the re-registration period for Haitian nationals who have already been granted Temporary Protected Status (TPS) and seek to maintain that status for an additional 18 months. Given the impact Hurricane Sandy has had on regions where Haitians reside, the re-registration period is extended through Jan. 29, 2013. Haitian TPS beneficiaries are strongly encouraged to apply as soon as possible. Under this extension, USCIS also will accept applications from eligible individuals who have already applied after the close of the re-registration period on Nov. 30, 2012, and will continue to accept applications through Jan. 29, 2013. To learn more about this extension, click here.

Bill of Rights Day
December 15, 2012
On December 15, 1791, our Bill of Rights went into effect after being approved by three-fourths of the states.  In recognition of this important day, USCIS has developed a page on the Citizenship Resource Center that highlights USCIS educational resources related to the Bill of Rights. Visit this special section to access classroom and other related materials for learners and teachers.

FY 2012: ICE announces year-end removal numbers, highlights focus on key priorities and issues new national detainer guidance to further focus resources
December 21, 2012
In conjunction with ICE’s announcement of their year-end removal numbers, ICE issued new national detainer guidance that limits the use of detainers to individuals who meet the department’s enforcement priorities.  This guidance also restricts the use of detainers against individuals arrested for minor misdemeanor offenses and other petty crimes, helping to ensure that available resources are focused on apprehending felons, repeat offenders and other ICE priorities.  ICE has also decided not to renew any of its agreements with state and local law enforcement agencies that operate task forces under the 287(g) program. To read more about this and ICE’s 2012 year-end removal numbers, click here.

Secretary Napolitano Announces Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities
December 6, 2012
Secretary of Homeland Security Janet Napolitano announced that the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) on standards to prevent, detect, and respond to sexual abuse and assault in confinement facilities, in accordance with the Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. 15601. This announcement follows President Obama’s Presidential Memorandum directing Federal agencies with confinement facilities to issue regulations or procedures to satisfy the requirements of PREA, issued earlier this year.  To read more about this announcement, click here or submit formal input through www.regulations.gov during the open comment period.

Upcoming Events

Boston Stakeholder Community Roundtable Hosted by ICE Public Advocate Andrew Lorenzen-Strait and the Boston Field Office
January 14, 2013
On January 14, 2013, ICE Public Advocate Andrew Lorenzen-Strait and the Boston Field Office will host a round table to discuss topics including: ICE Enforcement Priorities, Prosecutorial Discretion, Detention Reform Updates, Office of the Public Advocate, and a Stakeholder Q&A.

• When: Monday, January 14, 2013
• Where: Massachusetts State Office Building
  600 Washington Street, 4th Floor
  Boston, MA 02111
• Time: 2:30-4:00pm EDT
• RSVP: EROPublicAdvocate@ICE.DHS.GOV by Wednesday, January 9, 2013

National Stakeholder Engagement with USCIS Director Alejandro Mayorkas
January 15, 2013
On January 7, 2013, USCIS will publish the first volume of a comprehensive new online Policy Manual. This volume will cover Citizenship and Naturalization.  During this engagement, Director Mayorkas will discuss the Policy Manual, highlight new citizenship and naturalization-related policies, and answer questions.  In addition, Director Mayorkas will provide agency updates on such initiatives as the Provisional Unlawful Presence Waiver, Deferred Action for Childhood Arrivals process, the USCIS immigrant fee, and others.

• When: Tuesday, January 15, 2013
• Where: Call-in Number: 888-989-3320; Passcode: Director
• Time: 1:00pm EDT
• To Attend: Click here

Immigration Relief for Victims of Human Trafficking and Other Serious Crimes
January 16, 2013
USCIS cordially invite interested members of the law enforcement community to participate in a web-ex training session.  During this training, USCIS will provide an overview of the various forms of immigration relief available to victims of human trafficking and other serious crimes and the role and responsibilities of law enforcement officials in the T and U visa certification process.

• When: Wednesday, January 16, 2013
• Where:
• Web: Go to the AT&T Connect Meeting Room Enter your first and last   name to register as a web-ex participant.
• Phone: 888-858-2144; Meeting access code 4886318#
• Time: 1:00pm – 2:30PM EDT
• To Attend: Click here

Hartford Stakeholder Community Roundtable Hosted by ICE Public Advocate Andrew Lorenzen-Strait and the Boston Field Office
January 16, 2013
On January 16, 2013, ICE Public Advocate Andrew Lorenzen-Strait and the Boston Field Office will host a round table to discuss topics including: ICE Enforcement Priorities, Prosecutorial Discretion, Detention Reform Updates, Office of the Public Advocate, and a Stakeholder Q&A.

• When: Wednesday, January 16, 2013
• Where: International Institute of Connecticut (located within the Hispanic Health Council)
  175  Main Street
  Hartford, CT 06106
• Time: 10:00am-11:30am EDT
• RSVP:  EROPublicAdvocate@ICE.DHS.GOV by Wednesday, January 9, 2013

For a list of all USCIS Upcoming National Events, click here. To Find USCIS Upcoming Local Events in your area, click here.

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