Deportation proceedings reopened for Vietnamese client who was ordered deported in 1993 and who has been on an Order of Supervision since. 212(c) application then granted despite 6 convictions, including two drug convictions. Client is now a lawful permanent resident again and can apply for citizenship immediately.
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The ACLU sued the DOJ in early 2019, arguing that after a Freedom of Information Act (FOIA) request, the FBI wrongfully hid information on whether the government has social media surveillance records. Because acknowledging the use of social media surveillance would not reveal specific means of surveillance nor risk national security, Judge Chen ruled against the government, saying this should have been included in the information release. Several other agencies, including USCIS, ICE, and the State Department, have also acknowledged using social media surveillance. The ACLU emphasized that it is important to know the extent and capability of government surveillance, since being unable to speak freely harms immigrants and people of color in particular.
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The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs by making asylum seekers live in Mexico while waiting for a court date, those asylum seekers would have arrived in the U.S. before the rule went into effect.
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The Trump administration unveiled a rule in October that would require prospective immigrants to prove they have health insurance before they can receive a visa. Currently, the policy is blocked by an emergency order that ends on November 30. Yesterday, Judge Simon from Oregon issued a preliminary injunction against the health insurance rule, blocking it while litigation proceeds. The main focus of the ruling was that the policy was inconsistent with the INA, the governing law enacted by Congress.
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With a shortage of U.S. ballroom dancers to work as instructors, studios have looked overseas. Tightened immigration restrictions, however, have made this more difficult. Redundant evidence requests and backlogs have lengthened the amount of time it takes to bring a hired dancer to the U.S., and even after approval, some are seeing their new dancers be detained at the airport and denied entry. There is demand for these workers, who would generally receive O-1 visas, indicating extraordinary ability in their field. Yet they are unsure what more they can do to show they should be granted a visa. The Department of State reported that there has been no policy change for O-1 visas
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A report from the Institute of International Education showed that foreign student enrollment in U.S. universities dropped by 1% compared to 2018, and the two years prior had drops of 7% and 3%. The drop in the number of students from China has been particularly sharp. Some schools pointed out the president’s rhetoric as one reason for the downturn. The Trump administration instead theorized that the drop was due to high tuition costs and not immigration policies.
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The U.S. and Guatemala signed a “safe third country”-like agreement over the summer that would allow the U.S. to send asylum seekers to Guatemala if they first passed through there on their way to the U.S. This means that asylum seekers from countries like Honduras and El Salvador would be most affected. On Friday, Guatemala brought up a plan to send asylum seekers to remote airports and have them live far from the capital city. Advocates raised concerns about this plan and the risks it would cause to asylum seekers if they were far from services. The U.S. said that it will analyze all airports to determine if they are in suitable areas, and a spokeswoman for DHS said that “the U.S. government has no plans” to fly asylum seekers to a remote jungle airport “at this time.”
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The EB-5 visa allows foreign nationals who make a significant investment in a U.S. company and help create jobs to immigrate to the United States. For the last 30 years, the amount of investment required was $500,000. On November 21, the amount required will be raised to $900,000. The program has been criticized by some for corruption and not actually creating jobs where they are needed. The new requirement will In addition to the increased financial requirement, the government will be conducting more oversight on EB-5 investment projects.
Learn more about the EB-5 Investment
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An Inspector General report was released on November 27 that showed that DHS predicted that its “zero tolerance” policy at the border would have separated 26,000 children. Trump ended the policy after a month in June 2018. The report also found that the Inspector General could not confirm the actual number of families separated, because DHS lacked the procedure and technology to effectively track separated children. Critics have attacked this point in particular, contending that without sufficient tracking methods, families should not have been separated at all. DHS did change their procedure to more effectively track families, but this was after the “zero tolerance” policy was scrapped
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The Trump administration has been using the Remain in Mexico program to send non-Mexican asylum seekers to Mexico for as long as months to wait for their U.S. immigration court date. Remain in Mexico has now been extended to Arizona by busing asylum seekers to Texas and sending them across the border there. The city of Juarez, where many asylum seekers have been sent, said they hope the move is temporary, as their facilities are near capacity and underfunded.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 