June 22 executive Order and impact on arrests and conviction

[shabee]

Todays EO is making me tense especially the following 

(c)  The Secretary of Homeland Security shall:

(i)    take appropriate action, consistent with applicable law, in coordination with the Secretary of State, to provide that an alien should not be eligible to apply for a visa or for admission or entry into the United States or other benefit until such alien has been registered with biographical and biometric information, including but not limited to photographs, signatures, and fingerprints;

(ii)   take appropriate and necessary steps, consistent with applicable law, to prevent certain aliens who have final orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for, charged with, or convicted of a criminal offense in the United States, from obtaining eligibility to work in the United States; and

full EO https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

[shabee]

does this  mean an alien with arrest record or conviction will be ineligible to work?

The wording kind of scares me. Any takes on this?

Edited June 22, 2020 by shabee
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[veni001]

On 6/22/2020 at 5:28 PM, shabee said:

does this  mean an alien with arrest record or conviction will be ineligible to work?

The wording kind of scares me. Any takes on this?

Irrespective of proclamation 10014, any and all criminal offenses have serious immigration consequences.

[natan111]

It has to be "consistent with applicable law" which means it cannot contradict INA or other applicable laws. The subsection is almost meaningless as the other listed categories of aliens cannot obtain work authorization anyway. This EO is trying to create its own immigration laws. The laws on the book already limit "certain aliens" from obtaining eligibility to work in the US.

The Secretary may add some more categories to the list, e.g. H1B holders with an arrest record.

Also it's not clear what happens to those with an arrest record (it could be a false arrest, no charges filed, dismissed cases, anything really) who need to extend their status (H1B) or even those extending green cards. 

This EO is designed to maximally discourage immigration to the US but its effect, beyond issuing of new NIVs is unclear.

+++ Not a legal advice +++ 

[shabee]

@natan111thanks for the reply

section 5 (c)(ii)  in the executive order is very vague and really don't know what the implications are at this point.

I have a DWI conviction(convicted in aug 2017 and probation done in 2018). I've had two H1B extensions(june2017 and may 2020) and one successfully visa stamp(may 2019) after the conviction. Anyways I am going to talk to an immigration lawyer and get the feedback as well

[advicehelpneeded]

7 hours ago, shabee said:

section 5 (c)(ii)  in the executive order is very vague and really don't know what the implications are at this point.

I have a DWI conviction(convicted in aug 2017 and probation done in 2018). I've had two H1B extensions(june2017 and may 2020) and one successfully visa stamp(may 2019) after the conviction. Anyways I am going to talk to an immigration lawyer and get the feedback as well

Hey guys, I am new here because of a same issue.

My case was more serious but was ultimately Nolled Pros... (dismissal by prosecutor) in January of last year. I currently received an offer, applied for OPT but my employer is also considering applying for H1b right away because of the recent delays in OPT approval. Employer is not also affected by cap gap. 

I am also super scared with the wording "work eligibility." that could imply to any H1b or even OPT. Shabee could you please let me know what your attorney says? 

I will also contact one of immigration attorney here.

[pagladeewana]

19 hours ago, natan111 said:

It has to be "consistent with applicable law" which means it cannot contradict INA or other applicable laws. The subsection is almost meaningless as the other listed categories of aliens cannot obtain work authorization anyway. This EO is trying to create its own immigration laws. The laws on the book already limit "certain aliens" from obtaining eligibility to work in the US.

The Secretary may add some more categories to the list, e.g. H1B holders with an arrest record.

Also it's not clear what happens to those with an arrest record (it could be a false arrest, no charges filed, dismissed cases, anything really) who need to extend their status (H1B) or even those extending green cards. 

This EO is designed to maximally discourage immigration to the US but its effect, beyond issuing of new NIVs is unclear.

+++ Not a legal advice +++ 

As per INA a alien who has been legally admitted to the country(on criminal ground) can only be removed for a CIMT and certain other crimes. They have added this to make new regulations to deny work authorizations for asylum seekers etc. Anyways we have wait and watch but if they start denying extensions on h1/l1 etc just based on DUI it will be against the INA, also INA is an act and cannot be amended by regulation. Moreover there is a supreme court ruling regarding DUI not being a CIMT, you really dont need to worry about this in my option

 

 

[Avefgtr]

@shabee what did your immigration lawyer say?

[natan111]

16 hours ago, pagladeewana said:

As per INA a alien who has been legally admitted to the country(on criminal ground) can only be removed for a CIMT and certain other crimes. They have added this to make new regulations to deny work authorizations for asylum seekers etc. Anyways we have wait and watch but if they start denying extensions on h1/l1 etc just based on DUI it will be against the INA, also INA is an act and cannot be amended by regulation. Moreover there is a supreme court ruling regarding DUI not being a CIMT, you really dont need to worry about this in my option

 

 

Where in INA is that? Also, this is not about *removal* but rather about eligibility to work being denied. Your interpretation is very interesting though. It makes a lot of sense that they would target failed asylum seekers! Hmm, good point. 

[shabee]

this  is the reply from the immigration attorney(I informed him that i am on H1B with a dwi conviction)

"It says the Department of Homeland Security should - consistent with applicable law - prevent people from getting EADs if they have convictions. That "consistent with applicable law" is important. If the law says you can get the EAD, then you will be able to get the EAD. I think you'll be fine."

PS: i couldn't get an appointment with the experienced and well reputed attorney who i regularly go to (his next appt date is on monday) , so I talked to some else(not a lot of experience and not that reputed) 

[advicehelpneeded]

20 hours ago, pagladeewana said:

As per INA a alien who has been legally admitted to the country(on criminal ground) can only be removed for a CIMT and certain other crimes. They have added this to make new regulations to deny work authorizations for asylum seekers etc. Anyways we have wait and watch but if they start denying extensions on h1/l1 etc just based on DUI it will be against the INA, also INA is an act and cannot be amended by regulation. Moreover there is a supreme court ruling regarding DUI not being a CIMT, you really dont need to worry about this in my option

 

 

What if u were arrested for cimt but it was dismissed? I checked INA. My case was nolle pros without any plea guilty. With that all the attorneys said i should be goof but now this...

[pagladeewana]

19 hours ago, natan111 said:

Where in INA is that? Also, this is not about *removal* but rather about eligibility to work being denied. Your interpretation is very interesting though. It makes a lot of sense that they would target failed asylum seekers! Hmm, good point. 

If you go through the new asylum regulation published in federal register it covers this point.

 

 

 

 "Additionally, the rule defines new bars and denials for employment authorization, such as for certain criminal behavior; extends the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days; limits the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applicant’s asylum denial is administratively final."

 

 

Let hope this is what it means and they dont end up targeting us but with this admin you never know, but i still highly doubt they will deny h1/l1 just based on non cimt crime, it is technically illegal to do that