Recent News Relevant to DV Victims and Survivors
April 12, 2018: New York Governor Cuomo Signs Gun Control Legislation
On April 12, 2018, New York Govenor Andrew M. Cuomo signed a piece of legislation that will afford more protection to survivors of domestic violence from their abusive partners who have access to guns. The legislation cures a loophole that requries abusers to surrender all firarms, not just hanguns and also extends the waiting period for background checks from a mere three days to ten days. The bill also expands the list of "serious" crimes to include some misdemeanor offenses.
April 5, 2018: NY Govenor Cuomo Requires Judicial Warrant For Arrests in State Facilities
Govenor Cuomo expanded Executive Order #170 to require that ICE agents present judicial warrants to make arrests inside NY state facilities. Note, this does not extend to courthouses. The Order also provides that state officers and employees are not permitted to inquire as to an individual's immigration status unless necessary to determine eligibility for a program, benefit or to disclose to information to federal immigration authorities for purpsoe of federal civil immigration enforcement unles required by law. Read more about your rights when faced with ICE in your community here.
March 1, 2018: DACA UPDATE: WHAT IS THE CURRENT STATUS OF DACA?
The Trump administration announced on September 5, 2017, that the Deferred Action for Childhood Arrivals (DACA) program would be phased out over six months, ending on March 5, 2018. Since that time, Congress has been unable to pass a bill that would provide permanent relief to Dreamers and DACA recipients. However, there have been legal challenges to the way that the Trump administration is attempting to end the program.
I heard that the Supreme Court issued a DACA decision. What does this mean?
A lawsuit was filed in California challenging the administration’s rescission of DACA. In January, a Judge William Alsup of the federal court for the Northern District of California ruled that the administration acted arbitrarily and capriciously and abused its discretion. He ordered the administration to continue to operate most of the DACA program while the case moved forward in the courts. A federal judge in Brooklyn issued a similar ruling in February.
Instead of waiting for a decision from the 9th Circuit Court of Appeals (the layer between federal district courts and the Supreme Court), the Trump administration appealed directly to the Supreme Court. Generally, cases are only brought to the Supreme Court after an appeals court (or several appeals courts) have ruled on an issue. It is unusual for a party—the federal government, in this case—to ask the Supreme Court to intervene before cases have made their way up the appeals chain.
On February 26, 2018, the Supreme Court refused to hear an appeal request filed by the Trump administration. This is not a ruling on the ultimate fate of DACA. Instead, the Supreme Court is simply directing the parties to continue the usual path of a case through the appeals courts.
- No. If you do not already have DACA, you cannot file an initial application.
If I have DACA now but it will be expiring soon, can I renew it? What about if I had DACA but it expired?
Yes. If you had or currently have DACA, you may file to renew your application. Please note that the situation around DACA is changing rapidly, and although you may file, there is no guarantee of approval. If you need financial assistance to pay the application fees, the New Economy Project runs a 0% interest DACA loan fund. http://www.neweconomynyc.org/our-work/community-loan-funds/dreamer-loan-...
Can I apply now for Advance Parole?
- No. It is no longer possible to file a new application for DACA-based Advance Parole now.