The future of DREAMers- Congressional Action and 14 Mayors urge President-Elect Trump to protect DACA

Unauthorized immigrants covered by DACA (Deferred Action for Childhood Arrivals) face an uncertain future under the new Trump administration.  According to USCIS, more than 750,000 young unauthorized immigrants have received work permits and deportation relief through DACA since it was created by President Obama's executive action in August 2012. On December 7, 2016, fourteen mayors joined Chicago Mayor Rahm Emanuel in sending President-elect Trump a letter urging him to continue the DACA program, which protects DREAMers and grows the economy, at least until Congress modernizes America's immigration system. In addition, on January 12, 2017 a bipartisan group of senators led by Dick Durbin (D-Ill) and Lindsey Graham (R-S.C.) reintroduced the "Bar Removal of Immigrants who Dream and Grow the Economy" or BRIDGE Act, to provide DACA-eligible individuals the chance to apply for "provisional protected presence" and employment authorization. A companion bill was introduced in the House the following day.

We will continue to bring you updates on our website and newsletter on any changes with DACA. In addition, Iandoli Desai & Cronin P.C. has been hosting "Know Your Rights Seminars" across the Boston metro-area. If you wish to host a similar seminar at your institution, please contact us at info@iandoli.com with "Know Your Rights" in the subject line.

Changes to Visa Waiver Program are now in effect

At the end of 2015 and in the wake of the recent terror attacks in Paris, Congress made significant changes to the Visa Waiver Program ("VWP"), which was created in 1986 and allows citizens of certain countries to enter the U.S. as a tourist without a visa for up to 90 days. In the U.S. this program is administered through an online portal called the Electronic System for Travel Authorization, commonly referred to as ESTA.  Previously eligible persons are now prohibited from using visa waiver if they have traveled to Iran, Iraq, Syria and Sudan since March 1, 2011, or if they are dual nationals of these countries.  There are limited exceptions (for example, travel to one of the countries on the list to carry out military service or official government business with a VWP participating country) which can be disclosed on the new ESTA application due to be released later this month.

On January 21, 2016, U.S. Customs and Border Patrol ("CBP") announced that affected individuals began receiving emails notifying them they are no longer eligible to use ESTA. Those foreign nationals will be required to seek a B-1 or B-2 visitor visa at a U.S. consulate or embassy abroad if they wish to travel to the U.S. in the future.

CBP published a new set of Frequently Asked Questions on its website concerning the changes to the VWP and ESTA.  If you have questions about the changes to the Visa Waiver Program, please contact the attorneys at Iandoli Desai & Cronin P.C. at info@iandoli.com.

Major Changes to the Visa Waiver Program

In response to recent terror attacks in Paris, Congress made significant changes to the Visa Waiver Program ("visa waiver") as part of the Consolidated Appropriations Act, 2016 (H.R. 158) on December 18, 2015. Visa waiver allows citizens of certain countries to enter the U.S. as a tourist without a visa for up to 90 days. Such travelers must have authorization under the Electronic System for Travel Authorization ("ESTA") prior to boarding a U.S. bound air or sea carrier as well as meet a few other criteria (i.e., possess a machine-readable passport).

The changes to visa waiver, which took effect immediately, include barring previously eligible persons from using visa waiver if during the past five years they have traveled to Iran, Iraq, Syria, and Sudan, or if they are dual nationals of those countries.  Foreign nationals affected by this change will be required to apply for a tourist visa at a local U.S. Consulate or Embassy abroad. Other changes to the Visa Waiver Program include revised conditions for participating countries such as passport security requirements, screening protocols, and information sharing. Congress has also included revocation provisions for participating countries failing to meet the new requirements.

If you have questions about the changes to the Visa Waiver Program, please contact the attorneys at Iandoli Desai & Cronin P.C. at info@iandoli.com.