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Texas Immigration Due Diligence Guidelines and Individual Considerations

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This due diligence form is an overview of suggested inquiries related to foreign nationals with specific considerations for the effect of a corporate transaction upon specific immigrant and nonimmigrant employees.

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FAQ

Despite a decrease in the rate of immigration, recent policies have attempted to limit immigration to Texas and restrict legal protections for migrants. The United States federal government regulates the international border and has primary enforcement power for immigration law.

On July 16, 2021, Judge Hanen issued a ruling finding that DACA is unlawful and blocked DHS from approving any new, first-time DACA applications. He granted a permanent injunction vacating the original 2012 memorandum which created the DACA initiative on the basis that its implementation violated the APA.

Between 1990 and 1994, over 300,000 legal immigrants settled in Texas. In addition, we estimate that during that same period Texas received a net annual increase from illegal immigration of at least 30-50,000. Thus, immigration accounted directly for perhaps 35 percent of all the growth in that five-year period.

To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented.

Houston is the most diverse, rapidly growing major U.S. metropolitan area, and immigration has contributed greatly to its growth and diversity.

July 2021: Initial DACA Applications Halted On July 16th, 2021 a federal judge in Texas ruled against the DACA program, immediately pausing the processing of new applications that had not been approved by the date of the decision. However, renewals for active DACA beneficiaries were still being accepted.

In September 2017, the Trump administration announced the termination of DACA, but courts have kept the program alive for people who currently have or have ever held DACA status and in January 2021, the Biden administration reopened it to first-time applicants.

There are 4.3 million immigrants living in Texas, comprising 16.5 percent of the total Texas population. 1 Put another way one out of every six Texans is an immigrant, and many more are part of immigrant families.

To be eligible for DAPA: You must have lived continuously in the U.S. since January 1, 2010, been present in the U.S. on November 20, 2014, and be present in the U.S. when you apply for DAPA. You must have a son or daughter who was a U.S. citizen or lawful permanent resident as of November 20, 2014.

As of June 16, 2021, USCIS will no longer process new DACA requests though they will receive them and hold them. Here is what they say: USCIS is continuing to accept initial DACA requests.

More info

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Texas Immigration Due Diligence Guidelines and Individual Considerations