Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S. The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS has issued guidance on the Special Immigrant Juvenile classification.
On October 11, USCIS issued 3 adopted Administrative Appeals Office decisions that clarified the requirements for a Special Immigrant Juvenile (SIJ) classification. On November 19, USCIS updated its policy manual to reflect those decisions. The three clarifications are that 1) the petitioner must have been a juvenile under relevant state law when the juvenile court order was issued; 2) the court’s intervention must have provided relief from abuse, neglect, or abandonment, and cannot be just a statement that the juvenile is dependent on the court; and 3) it is no longer required to show that a state court had the authority to place a petitioner in the custody of an unfit parent in order to make a determination regarding parental reunification for purposes of SIJ classification.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On November 21, USCIS published new versions of Form G-1450, Authorization for Credit Card Transactions; Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act; Form I-824, Application for Action on an Approved Application or Petition; and Form I-817, Application for Family Unity Benefits. For forms G-1450 and I-694, the previous edition will continue to be accepted. For forms I-824 and I-817, the new edition must be used starting 1/21/20.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration is planning on using eminent domain to acquire private land in Texas to use for the border wall. On Thursday, the government sent Right of Entry letters to dozens of landowners informing them that it will be surveying the land. The owners must sign the letters for the government to be able to come onto the land, but if they don’t sign, the matter will be escalated to the DOJ to get court-ordered access. Acting CBP Commissioner Morgan stated that he is aware there will likely be litigation over the land acquisition, but thinks that the government is “on track” to get the 450 miles for the wall.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. and Guatemala made an agreement to send asylum seekers at the U.S. border to Guatemala instead. On Thursday, the first Honduran asylum seeker was sent to Guatemala under the agreement. He had arrived at the border near El Paso, Texas, but was flown to Guatemala. This policy has been criticized, since Guatemala suffers from many of the same dangers as other Central American countries, including gang violence. Because of this, it is unclear how many asylum seekers will be sent to Guatemala or will return to their home countries instead. In this first case, the man has already asked for assistance to return to Honduras from Guatemala.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Officially called the Migrant Protection Protocols, the “Remain in Mexico” program has kept many asylum seekers in border cities and tent camps near the U.S.-Mexican border while they wait for their immigration court dates in the U.S. The policy has been criticized as endangering the asylum seekers by forcing them to face both possible violence and lack of sanitary conditions, especially in the tent camps. Particularly vulnerable individuals, like pregnant women and some LGBTQ people, are not supposed to be part of the program, yet there have been reports of both pregnant women and transgender individuals being returned to Mexico where they are unsafe. Acting CBP Commissioner Mark Morgan defended the program saying now the “loophole” of bringing a child to get into the U.S. has been closed, and that having families remain in Mexico is the administration’s alternative to detaining them for the whole duration of their case (which is prohibited by the Flores Agreement). Acting Director of USCIS Ken Cuccinelli argued that the policy “achieved” the goal of stopping “catch and release.”
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
69,550 children were held in detention in 2019, a number higher than any other country. The U.S. has acknowledged detaining children is psychologically harmful, but increased the number of detained children by 42% between just 2018 and 2019. Because the federal government was aware of the risks of family detention when it implemented it, on November 5 a federal judge ordered the government to provide mental health screenings and treatment to families who were separated and are now traumatized.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
District Judge Denise Casper ruled on Tuesday that border agents need reasonable suspicion to search through travelers’ phones and laptops at airports and other ports of entry. Current ICE and CBP policies allow for routine searches of electronics with no suspicion. The number of electronic searches at U.S. ports of entry has increased greatly during the Trump administration, from 8,500 in 2015 to more than 30,000 in 2018. Since this decision is at the district court level, it is not binding on higher courts.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
President Trump announced the end of DACA more than two years ago. Due to litigation, it is still in effect, and now the Supreme Court will have the final word. The Supreme Court heard arguments yesterday on 1) whether federal judges are able to review DACA, and 2) whether the way Trump went about ending DACA violated the law. The government argued that ending DACA falls within normal discretion, while plaintiffs argued the government’s ending of DACA violates the Administrative Procedure Act. The justices seemed split, though many justices kept their feelings close to their chest. A decision can be expected by summer.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On November 8, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal was officially published on November 14 and will have a month-long comment period.
Filed under: best deportation attorney | Tagged: asylum, work permit renewal, Work Visa | Leave a comment »
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