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DHS extending TPS for Nepal and Honduras pursuant to ongoing federal court litigation
USCIS and DHS will extend TPS for Honduras, through 1/1/2020, and Nepal, through 3/24/2020....
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Author: Davidson & Seseri
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While Senate Leadership Prepares for a Vote to End Shutdown, Supreme Court Declines to Review Trump’s DACA Challenge
This decision effectively keeps the DACA program in place, and the program’s 700,000+ recipients, who are currently living and working in the United States, will remain protected from deportation. ...
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Damaging Bill Is a Bait-and-Switch on Immigration
Reposted from AILA Infonet (Doc. No. 19012237) WASHINGTON, DC - A bill slated for introduction in the Senate contains money to build President Trump's permanent border wall, but according to experts at the American Immigration Lawyers Association (AILA), it also includes many extreme provisions that go far beyond what the president laid out in his speech on Saturday. AILA President Anastasia Tonello noted, "Given the importance of border security and the unnecessary strain the shutdown is putting on the United States, we were hopeful an actual good faith proposal to reach a compromise on immigration and border security would be put forward....
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9th Circuit Upholds Lower Courts’ Injunction Against DACA Rollback
On November 8, 2018, the Ninth Circuit ruled on one of the country’s most contentious issues, Deferred Action for Childhood Arrivals (DACA). In its decision in The Regents of the University of California, et. al. v. United States Department of Homeland Security, et.al., the court upheld a lower court’s preliminary injunction against a rollback of DACA. Judge Wardlaw, who wrote the opinion of the court, stated that the plaintiffs in the case were likely to succeed on their claim that the rescission of DACA was “arbitrary and capricious” and based on a "misconceived view of the law." Calling the power of the...
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Travel Ban In Effect
On Monday, December 4th, the Supreme Court allowed the latest version of President Trump’s travel ban to go into effect. With this decision, travel restrictions from eight designated countries can now be fully enforced. Most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and some from Venezuela, will be barred from entering the United States. Restrictions vary by country, but the majority will be prevented from entering the U.S. permanently, working, studying, or in some cases, vacationing. Like the prior versions of the ban, restrictions do not apply to people already holding visas, making it unlikely that said travelers...
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DACA Applications Rejected Due to USPS Delays Can be Resubmitted
Source: USCIS Source: AILA Infonet On November 15, 2017, USCIS announced that it will accept re-submissions of previously rejected DACA renewal requests that arrived to USCIS after the October 5, 2017 deadline due to U.S. Postal Service error. Applicants must provide proof that the delay was due to the United States Postal Service (USPS) error, and that the application was filed timely. Applicants seeking proof of timely filing may request that USPS review their case and issue a letter in support of their application's re-submission. Further, USCIS will be contacting DACA applicants directly if their timely-filed application was rejected from the appropriate...
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Trump Ends Refugee Ban; Nationals of 11 Countries Subject to Ongoing Restrictions
On October 25, 2017, refugee admissions into the United States resumed after a 4-month-long ban. The resumption is predicated on the implementation of enhanced screening procedures, including the collection of phone, email, and address data going back 10 years for all locations that the applicants have lived for more than 30 days. Additional vetting measures for refugee interviews will include: improved training, fraud-detection procedures, and interagency information sharing, as well as the ability to check refugee biographic and biometric information against information contained in Federal watchlists and databases. In 90 days from the date of the order, the Secretary of Homeland Security, in...
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Travel Ban Injunction
On October 17, 2017, a U.S. District Court judge in Hawaii issued a nationwide temporary restraining order against the travel restrictions set forth by President Trump on September 24, 2017. This effectively prevents the implementation and enforcement of the travel ban to individuals from six of the eight designated countries: Iran, Libya, Syria, Yemen, Somalia, and Chad. This does not apply to individuals from North Korea or Venezuela. That same day, a U.S. District Court judge in Maryland issued a nationwide preliminary injunction prohibiting the enforcement of the travel ban, except for (1) individuals from North Korea and Venezuela, and (2)...
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Changes to FAM Provisions on “Misrepresentation”
On September 1, 2017, the Department of State updated the Foreign Affairs Manual (FAM), redefining what is meant by “misrepresentation” as it concerns inadmissibility to the United States. This involved replacing the old “30/60 Day” rule with a new “Inconsistent Conduct Within 90 Days” rule. The old rule stated that misrepresentation occurring within the first 30 days of entry necessitated an Advisory Opinion; between 30 and 60 days of entry could be argued with applicable evidence; and after 60 days could not constitute grounds for inadmissibility. Similar to the old rule, the new “90 Day” rule concerns foreign nationals who engage...
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Updated Travel Restrictions to Take Effect on October 18, 2017
Effective October 18, 2017, the following countries are subject to restricted travel to the United States based on the recent presidential proclamation: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. Restrictions on travel vary from country to country, and specific information about the restrictions placed on each individual country can be found here: https://www.whitehouse.gov/the-press-office/2017/09/24/enhancing-vetting-capabilities-and-processes-detecting-attempted-entry. Entry into the United States by nationals of North Korean and Syrian nationality are suspended for both immigrants and nonimmigrants. Citizens of Chad, Libya, and Yemen will not be allowed to enter the United States for immigrant purposes or on B2 (B-1), tourist (B-2), and business/tourist...
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