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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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D&S Immigration Law Blog
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USCIS Extends TPS Documentation for Beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador
Designations were extended until 1/2/20 in order to ensure continued compliance with the preliminary injunction in Ramos v. Nielsen....
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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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DHS to Terminate TPS for Nepal on June 24, 2019
DHS announced that it will terminate the Temporary Protected Status (TPS) designation for Nepal on June 24, 2019. DHS determined that the country conditions in Nepal have improved since the 2015 earthquake and subsequent aftershocks. Watch for further details regarding re-registration procedures to be posted in the Federal Register. For more information, read this Immigration Impact blog post from the American Immigration Council. Source: AILA Infonet ↓ Download the press release (pdf)...
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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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The March Visa Bulletin is Out!
Family-based application filing dates for Mexican citizens (F1, F2A & F3) and Chinese nationals, and final action dates for Indian nationals, Philippine citizens, and Mexican visas, all moved up. Dates for religious workers and EB-5 (I5 and R5) became authorized again....
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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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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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