As ruling nears, immigrant fights for anti-deportation act

Legal Issues

A Mexican immigrant fighting President Donald Trump’s attempt to end a program shielding young immigrants from deportation says he is nervous about the case finally being heard by the U.S. Supreme Court.

Martin Batalla Vidal is a lead plaintiff in one of the cases to preserve the Obama-era program known as Deferred Action for Childhood Arrivals and has seen his name splashed in legal documents since 2016, when he first sued in New York.

The 29-year-old certified nursing assistant at a rehabilitation clinic for traumatic brain injury in Queens, New York, has described the legal journey since then as stressful, with people sending him hateful messages. He has had to sacrifice days at work so he could go to protests, press conferences and meetings with attorneys.

Even with his worries, Batalla Vidal is hopeful immigrants like him will be able to stay in the country.

“I don’t know what is going to happen,” said Batalla Vidal, who lives with his mother, two brothers and a dog in an apartment at the border of Queens and Brooklyn. “Whatever the outcome is, we know that we have fought hard for it and we will continue fighting. I am trying to be positive.”

The nation’s highest court is scheduled to hear oral arguments on the case Tuesday.

The program protects about 700,000 people, often called “Dreamers,” who were brought to the U.S. illegally as children or came with families that overstayed visas.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.