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D&S Immigration Law Blog

01 May
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NAACP v. Trump: What You Need to Know About DACA

In the case NAACP v. Trump, on April 24, 2018, Judge Bates of the D.C. District Court ruled that the Trump administration unlawfully ended the Deferred Action for Childhood Arrivals (DACA) plan. While the decision means that DACA may be reinstated and will be available to new applicants, Judges Bates stayed his order for ninety days, during which the Department of Homeland Security can regroup and issue a new rescission of DACA with new evidence and reasoning. Right now, U.S. Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications for individuals with current or expired DACA benefits, but...

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27 February
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USCIS Continues To Accept DACA Renewal Applications, Federal Petition Rejected By Supreme Court

[callout] On Monday, February 26, 2018, the Supreme Court rejected the federal government’s proposal to bypass the U.S. Court of Appeals for the Ninth Circuit to hear a challenge of the legality of the Deferred Action for Childhood Arrivals (DACA) program. The Supreme Court rejected the government’s petition, allowing the case to move through its normal appeals process, which may take several additional months. While the litigation is pending, USCIS will continue accepting and processing DACA renewal applications. As stated on their website, USCIS will adjudicate cases based on the terms in place before DACA was rescinded on September 5, 2017. It...

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15 January
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USCIS Resumes Accepting DACA Renewal Applications

On January 13, 2018, USCIS issued guidance governing the continued acceptance of DACA renewal applications, in light of the federal court injunction. Applicants whose DACA expired on or after September 5, 2016 may file their renewal request with USCIS, effective immediately. With a few exceptions, your DACA renewal application will be processed according to the previous protocol. For more information about adjudication, see the guidelines set forth in the June 15, 2012 DACA memo (PDF), and the USCIS DACA Frequently Asked Questions (FAQ). If your DACA expired prior to September 5, 2016, your renewal application must meet the burden of a first-time application,...

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10 January
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DACA Renewals will continue to be accepted while legal battle over DACA proceeds

On January 9th, 2018, the United States District Court for the Northern District of California enacted a nationwide injunction to the current administration’s plans to block DACA. US District Judge Alsup’s order states that while the lawsuit on DACA is pending, DACA grantees may continue to apply for DACA renewals. However, USCIS is not required to process applications for initial DACA applications (applications made by those who have never been granted DACA before). Information about when applications will be accepted by USCIS is still unclear. This post will be updated as information becomes available by the Department of Homeland Security. You...

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04 December
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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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18 November
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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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27 October
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Trump Ends Refugee Ban; Nationals of 11 Countries Subject to Ongoing Restrictions

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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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27 October
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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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28 September
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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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