On September 13, 2023, the US District Court for the Southern District of Texas ruled that the Biden Administration’s codification of the Deferred Action for Childhood Arrivals (“DACA”) is not legal. The ruling does not prevent DACA beneficiaries enrolled in the program prior to July 16, 2021, to renew their status. United States Citizenship and Immigration Services (“USCIS”) will also continue to accept new applications from first-time, would-be DACA recipients; However, they will not process any new applications.
Read moreA Child’s Perspective on Immigration Reform: “Until Someone Listens”
Having her family fall victim to the Trump Administration’s “zero tolerance” policy, which criminally prosecuted immigrants that crossed the US border without documentation and separated families as a consequence, Estela Juarez has written a children’s book with the help of Lissette Norman and illustrator Teresa Martin, titled “Until Someone Listens.” The book offers a personal account of Estela’s story of loss and lack of protection under our current immigration system, in the hopes that all who read will listen to the pressing need for immigration reform.
Read moreWhen Dreamers Find Themselves in Limbo
A decade ago, President Obama signed an executive order instituting The Deferred Action for Childhood Arrivals (“DACA”) program, which protects undocumented immigrants who arrived in the United States as minors. This program acknowledges that the beneficiaries have been raised in the United States and “pledge allegiance to our flag. They are Americans in their heart, in their minds, in every single way but one - on paper.” The program was a temporary solution which does not provide a pathway to permanent residency or citizenship in the United States. Instead, it was intended as a “stopgap measure to protect some of the nation’s most vulnerable immigrants”, known as Dreamers, from deportation. The program also enabled beneficiaries to obtain work authorization and reside legally in the US in two-year intervals. DACA was created as a temporary measure until Congress passed new immigration legislation addressing the immigration status of certain undocumented minors.
Read moreH-1B Salary Based Selection Process Final Rule is Officially Withdrawn
United States Citizenship and Immigration Services (“USCIS”) has announced that the January 2021 final rule modifying the H-1B selection process has officially been withdrawn by The Department of Homeland Security (“DHS”). This rule would have eliminated the random selection process known as the H-1B visa lottery, and replaced it with a process prioritizing those foreign nationals who are offered the highest salaries relative to their occupation and geographic area according to the Department of Labor’s (“DOL”) prevailing wage system.
Read moreJudge Issues Preliminary Injunction Halting Proclamation Suspending Entry of H-1B, H-2B, J-1, and L-1 Workers for Plaintiffs
In early October, Judge Jeffrey S. White of the US District Court for the Northern District of California temporarily blocked further implementation of section 2 of the June 22 presidential proclamation (PP 10052) that suspended entry into the US for H-1B highly-skilled workers, H-2B nonagricultural workers, J-1 exchange visitors including interns, trainees, teachers, camp counselors, and au pairs, and L international intracompany transfers, and all their dependents. This injunction is not nationwide and only applies to plaintiffs and members of the plaintiff groups. In his opinion, Judge White criticized the June 22 presidential proclamation noting it did not address the issue it was supposed to fix, namely helping the domestic economy by providing more job opportunities for Americans. “[T]he Proclamation completely disregards both economic reality and the pre-existing statutory framework. Furthermore, without any consideration of the impact on American firms and their business planning, the Proclamation abruptly changed the scope of immigration policy in the United States.”
Read moreThe Washington Post: "Supreme Court blocks Trump’s bid to end DACA, a win for undocumented 'dreamers'"
The Supreme Court today rejected the Trump administration's attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program, which protects undocumented immigrants brought to United States as children from removal (commonly called deportation) and provides them work permission. This decision provides a reprieve, if only temporary, for nearly 650,000 recipients commonly referred to as “Dreamers.” Chief Justice John G. Roberts, Jr. wrote the 5-to-4 decision and he was joined by the court’s four liberals.
Read moreU.S. Department of Homeland Security: DHS and DOJ Issue Third-Country Asylum Rule
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced stricter eligibility qualifications for asylum seekers on July 15, 2019, according to a statement released by the DHS. The joint Interim Final Rule (IFR), published in the Federal Register as of July 16, 2019, denies asylum to any applicants who passed through a third country in transit to the United States but did not formally seek asylum in that country, with only a few exceptions.
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