According to a legal decision by the Government Accountability Office issued on Friday August 14, 2020, both acting Secretary Chad Wolf and Senior Official Performing the Duties of Deputy Secretary Ken Cuccinelli are ineligible for their posts under the Federal Vacancies Reform Act and the Homeland Security Act, and are serving illegally. Wolf and Cuccinelli were named to their positions “by reference to an invalid order of succession,” GAO said. The auditors, who have authority to review the propriety of appointments under the Federal Vacancies Reform Act, did not rule on the fallout of their invalid service, instead deferring to...
DOS has announced that the agency will comply with the ruling issued on Wednesday, July 29, 2020 by the United States District Court for the Southern District of New York which enjoins the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s rule related to the public charge ground of visa ineligibility. The Department is in the process of updating its guidance to consular officers on how to proceed under the preliminary injunction. Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled. Applicants are...
A federal judge on Thursday August 6, 2020 ordered coronavirus testing of everyone held at a California immigration detention center, saying authorities had shown “deliberate indifference to the risk of an outbreak.” U.S. District Judge Vince Chhabria said U.S. Immigration and Customs Enforcement has “lost the right to be trusted” that the agency will take safety measures at the Mesa Verde Detention Center. The judge said evidence shows that officials “have avoided widespread testing of staff and detainees at the facility, not for lack of tests, but for fear that positive test results would require them to implement safety measures...
Last Friday (July 31, 2020) in a late-afternoon ruling by the U.S. District Court of Oregon, the Honorable Karin Immergut denied the government’s motion to dismiss the case in Las Americas v Trump . The lawsuit, which was filed in December 2019, alleges that the Administration has failed to establish an impartial immigration court as required under the Immigration and Nationality Act (INA) and the Take Care Clause of the U.S. Constitution. The complaint outlines pervasive dysfunction and bias within the immigration court system. The lawsuit also claims that the Attorney General has grossly mismanaged the immigration court system and weaponized...
On August 3, 2020, USCIS published a Final Rule that significantly alters the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. The rule also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies certain intercountry adoption processing. Key Aspects of the Rule: Increases fees by a weighted average of 20 percent Adds a $50 fee for asylum applications Removes the proposal to transfer money to ICE Retains some fee...
On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the government from enforcing, applying, implementing, or treating as effective, the USCIS Final Rule on Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19) for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. The court also issued a separate order enjoining the Department of State (DOS) from implementing, or taking any actions to enforce or apply, the 2018 FAM Revisions, the DOS Interim Final Rule on Visa Ineligibility on Public Charge Grounds (84 FR 54996, 10/11/19), or the President’s...
On Tuesday , July 28, 2020, the Department of Homeland Security has decided to immediately make the following changes to DACA: • Reject all initial requests for DACA and associated applications for Employment Authorization Documents (EAD); • Reject new and pending requests for advanced parole absent exceptional circumstances; and, • Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one (1) year. Acting DHS Secretary Chad F. Wolf claims that “ the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including...
The European Union will keep its external borders shut to travelers from most countries including the U.S. for at least two more weeks. The EU’s travel “white” list who have the green light to visit the bloc includes Algeria, Australia, Canada, China, Georgia, Japan, Morocco, New Zealand, Rwanda, South Korea, Thailand, Tunisia and Uruguay. The external-border recommendation covers 30 European countries: all EU member states except Ireland plus Iceland, Liechtenstein, Norway and Switzerland because they are part of the bloc’s passport-free travel area.
President Trump issued a memorandum today, July 21, 2020, ordering the US Census to exclude undocumented immigrants from the population totals. The position of the Trump administration is in conflict with the U.S. Constitution which requires that that the “ whole number of persons” be counted in each state. The ACLU announced that it will immediately file a lawsuit.
The Trump administration has granted ICE’s request to be designated a “security/sensitive” agency when it comes to the Freedom of Information Act (FOIA).The designation limits the public’s ability to obtain vital information about ICE. The move further shields ICE from public accountability, allowing them to withhold even more information. This is a blow to government transparency and now the agency and its personnel will be less accountable to the public. The designation places ICE on the same level as officials with the Federal Bureau of Investigations (FBI) and Secret Service. But unlike ICE, these agencies arguably need some level of...
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