On Friday, October 11, 2019, a New York federal judge blocked the Trump administration from enforcing a rule that would penalize immigrants for using public assistance programs, including housing subsidies and health benefits.
A presidential proclamation published in the FEDERAL REGISTER on September 30,2019 suspended the immigrant or nonimmigrant entry into the United States of individuals connected with the Maduro government in Venezuela, certain officers of the Venezuelan military and police, all members of the organization known as the National Constituent Assembly of Venezuela, individuals who act on behalf of or in support of the Maduro regime and individuals who derive significant financial benefit from transactions or business dealings with persons described in the proclamation and family members of persons described in the proclamation.
U.S. District Judge Ketanji Brown Jackson on September 27, 2019 granted the plaintiffs’ motion for a preliminary injunction and issued an order blocking DHS from implementing the July 23, 2019, Federal Register notice that expanded expedited removal to many individuals who are in the interior of the United States or have been in the United States for more than 14 days. The judge found that the plaintiffs were likely to succeed on their claims under the Administrative Procedure Act.
The EB-5 Regional Center Program, which was due to sunset (expire) on September 30, 2019, has been extended through November 21, 2019. A Continuing Resolution was passed by Congress on September 28, 2019 and signed by the President extending the funding of the federal government to prevent a government shutdown. The resolution includes language to extend the EB-5 Regional Center Program through November 21, 2019. The program extension through November 21st coincides with the effective date of the new EB-5 Modernization Regulations, which increases the investment amount, changes who has the authority to make TEA designations, and implements stricter TEA...
The White House announced Thursday , September 26, 2019, that it drastically lowered the refugee cap to 18,000 for the upcoming fiscal year. The 18,000 figure is the lowest levels since the start of the refugee program, and already down from 30,000 last year. The State Department announced the cut was based on the “current burdens” on the immigration system, and that the cap will not be raised until those burdens are “alleviated.” The State Department estimated that it will receive 368,000 refugee and asylum claims in FY 2020, but will only admit a maximum of 18,000 refugees.
On September 17, 2019, a class action lawsuit was filed in the Eastern District of New York on behalf of thousands of U-visa petitioners whose requests for work permits known as Employment Authorization Documents (EADs) have never been adjudicated, and who have been forced to wait unreasonable periods of time for the benefits Congress provided in the U-visa program. The class includes anyone who (1) submitted a U-visa petition on or before March 17, 2019; (2) requested employment authorization in connection with the U-visa petition; and (3) has not received a waiting-list determination or an EAD from USCIS. If the...
Being aware of these seven common blunders when choosing an immigration attorney can help you find peace of mind, and avoid years of stress. 1. Hiring an Immigration Attorney Who Is Not Board Certified A wrong or misinformed legal strategy can have permanent consequences on your life. Attorneys with demonstrated expertise and knowledge within a specific area of law can be awarded a Certificate of Special Competence by the Texas Board of Legal Specialization (TBLS) board certification program which serves the public interest and advances quality standards within the legal profession. The TBLS board certifies immigration lawyers that have substantial,...
The “port immigration courts” built by federal contractors in two massive tents near Brownsville and Laredo this summer at a cost of $25 million will be closed to legal observers, the press and the public according to a Trump administration announcement this week. The Department of Homeland Security indicated in a statement that immigration judges in San Antonio will remotely hear those cases over a video link. Judges from other Texas cities such as Harlingen and Port Isabel would also be hearing the cases of more than 42,000 asylum seekers who were returned to Mexico in accordance with the Trump...
Today, September 4th 2019, DHS published a proposed rule that will require a $10 fee for each registration submitted to register for the H–1B cap selection process. Petitioners seeking to file H–1B petitions will need to first electronically register with USCIS during a designated registration period for the petition to be considered properly filed. The H–1B registration system will not be a totally separate system and will be established within a platform that supports other USCIS functions. The registration program will require USCIS to incur certain costs and burdens for iterative development, correcting problems, handling help desk calls, and adding...
Up until this month, a U.S. Citizenship and Immigration Services (USCIS) program known as “medical deferred action” allowed immigrant families to remain in the United States for two-year periods if they can prove that a family member needs life-saving treatment for “serious medical conditions.” Most of the families participating in the medical deferred action program entered the United States through a visa or another legal channel and the program enabled them to stay so the family member could receive medical treatment. Some suffer from epilepsy, cerebral palsy, muscular dystrophy, cancer, cystic fibrosis, and HIV, among other illnesses. Without formal notice,...