On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
Read morePresident Biden Signs Executive Order That Revokes Trump’s “Buy American and Hire American” Order
On January 25, 2021, President Biden issued an executive order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” that requires when possible the US government to “procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.” Additionally, President Biden’s order revokes former President Trump’s April 18, 2017 “Buy American and Hire American” (BAHA) executive order that required various governmental agencies to propose new rules and guidance in regards to the US immigration system that would “protect the interests” of American workers.
Read morePresident Biden Issues Proclamation Revoking Trump's Ban for Immigrants Outside the US
On February 24, 2021, President Joseph Biden signed a proclamation revoking former President Trump’s suspension of the issuance of immigrant visas (Green Cards) to those outside the United States, which Trump put forth at the time to purportedly assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic. Specifically, President Biden’s proclamation revokes the suspension of entry imposed in Proclamation 10014 (April 22, 2020), as extended by section 1 of Proclamation 10052 (June 22, 2020), and section 1 of Proclamation 10131 (December 31, 2020).
Read moreUSCIS Will Revert Back to the 2008 Version of the Naturalization Civics Test Effective March 1, 2021
On February 22, 2021, US Citizenship & Immigration Services (USCIS) announced plans to revert to the 2008 Version of the naturalization civics test effective March 1, 2021, after the Trump administration, in late 2020, implemented a new version of the test for naturalization applications filed on or after December 1, 2020. Those who file for naturalization after March 1, 2021 will be given the 2008 test to which the Biden Administration is reverting. However, those who filed or will file between December 1, 2020 and March 1, 2021 will be given the option of taking either the 2020 Trump era version or 2008 version of the test.
Read morePresident Biden Signs "Proclamation on Ending Discriminatory Bans on Entry to The United States" to Revoke Trump's Muslim Travel Ban
On Wednesday, January 20, 2021, his first day in office, President Biden signed a “Proclamation on Ending Discriminatory Bans on Entry to The United States” to revoke what has been commonly referred to as the Muslim travel ban, which restricted entry into the United States from primarily Muslim and African countries. Former President Trump had faced numerous legal challenges in enacting his Muslim travel ban but the third version of the ban was upheld by the Supreme court in June 2018.
Read moreDHS Publishes Final Rule to Eliminate H-1B Visa Lottery and Adjudicate H-1B Petitions Based on Highest Salary
US Citizenship & Immigration Services (USCIS) announced the publication of a final rule this week that will “modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.” This final rule will end the H-1B visa lottery and instead allow USCIS to adjudicate H-1B petitions based on registrations starting with the highest salary level and going down, as Stuart Anderson explains in Forbes.
Read moreJudge Orders Full Reinstatement of DACA Program
Last week on December 4, 2020, Judge Nicholas G. Garaufis of the US District Court in Brooklyn ordered that the Department of Homeland Security (DHS) must immediately fully reinstate the Deferred Action for Childhood Arrivals (DACA) program, reversing a memorandum issued this summer by Acting DHS Secretary Chad Wolf that restricted the program to those already enrolled. Judge Garaufis ordered that DHS post a public notice stating that it is accepting new, initial DACA applications with work permits that are valid for two years and that DACA recipients are eligible to apply for Advance Parole for international travel. Judge Garaufis also directed the government to notify immigrants eligible for DACA to let them know of the change.
Read moreUSCIS Announces Revised Naturalization Civics Test Effective December 1, 2020
US Citizenship & Immigration Services (USCIS) announced plans to implement a revised version of the naturalization civics test that will be effective for those who apply for naturalization on and after December 1, 2020. The civics test is one of the statutory requirements for naturalization. The revised test includes “more questions that test the applicant’s understanding of U.S. history and civics, in line with the statutory requirements, and covers a variety of topics that provide the applicant with more opportunities to learn about the United States as part of the test preparation process.”
Read moreImmigration Nation
The six-part Netflix docuseries Immigration Nation, which the Trump administration tried to block the release of until after the election, offers an in-depth look into the inner workings of US immigration agencies under the Trump administration. The series focuses on Immigration and Customs Enforcement (ICE), the federal agency that increased arrests of immigrants by forty-two percent in the first eight months of the Trump presidency. Filmmakers Shaul Schwarz and Christina Clusiau were granted rare access to ICE agents working in New York City, Charlotte, North Carolina, and on the border outside Tucson, Arizona as well as inside detention facilities. The show follows immigration officers, supervisors, administrators, and judges as well as immigrants, including one elderly asylum-seeker detained for fleeing gang violence, a former cop from El Salvador who fled to America, and war veterans who have been deported, as well as parents separated from their underage children. After viewing the series, Sonia Saraiya writes in Vanity Fair: “There still exists the idea of America as a nation that welcomes all—and then there is the country we actually live in, where we send refugees back to near-certain death at the hands of vicious gangs. It seems we’ve gotten so busy punishing people for wanting to be here that we’ve forgotten to be a country worth immigrating to.”
Trump Administration Allows International Students to Attend Online Only Programs in Fall 2020
The Trump administration is now allowing international students to enter the US to attend colleges and universities even if all their courses for the fall 2020 semester are online. The administration rescinded a temporary rule that would have required international students to transfer or leave the country if their college or university held classes entirely online because of the coronavirus (COVID-19) pandemic. The rescission of the temporary rule comes after Harvard, MIT, and other colleges and universities filed suit, and university leaders, students, and educational advocates criticized the temporary rule noting that it would have jeopardized the health of students, teachers, and university staff and led to a potential dramatic loss of revenue for many educational institutions and the towns where they are located.
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