Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced a proposed rule that would deny work authorization to asylum seekers who entered the U.S. outside of a port of entry. The proposed rule also seeks to automatically end work authorization for asylum seekers whose application is denied and administratively final. Additionally, all asylum seekers who did not file asylum applications within 1 year of their last entry into the U.S. are ineligible for work authorization. The rule also clarifies that if an asylum seeker fails to appear for their appointment, their asylum application or work authorization can be denied. Last, any asylum seeker who was convicted of a felony or certain public safety offenses is ineligible for work authorization. The rule also gives discretion to officers to deny employment authorization for “unresolved arrests or pending charges.” The proposed rule has been published in the Federal Register and is open for comment until January 13, 2020.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The president declared a state of emergency at the border in order to be able to transfer billions in military and pentagon funding to building the new border wall. On November 14, CBP acting Commissioner Morgan acknowledged that the 78 miles currently in construction has been replacing existing or “insufficient” barriers. The administration has just now started to break ground on building a wall where no barrier existed before. Morgan also acknowledged how acquiring private land for the border wall will continue to challenge the Trump administration.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Electronic Frontier Foundation (EFF) filed a lawsuit against the Trump administration on November 12 to compel the government to release documents under the Freedom of Information Act (FOIA). Specifically, EFF is looking for information on “the number of individuals whose DNA had been collected, the accuracy of DNA matches, and the exact gene processing used to identify parent-child relationships.” The DNA testing used by the government claims to have results within 90 minutes, which has raised some questions on accuracy. Additionally, though the government claims that the DNA tests are voluntary based on consent forms, EFF has concerns about coercion. According to EFF, the consent forms claim that refusing a DNA test can result in family separation. For now, the lawsuit is only about getting information about the testing under FOIA.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The union for asylum officers and other immigration officers objected to Trump’s “Remain in Mexico” policy, which forced them to send vulnerable asylum seekers to Mexico for the duration of the US court case. Some individual asylum officers took matters into their own hands, refusing to conduct interviews under the “Remain in Mexico” program. Other asylum officers spoke out against the policy after its implementation, feeling morally shaken by sending asylum seekers to a country where they had already been harmed and were in fear.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Almost 60,000 asylum seekers and other migrants have been pushed to Mexico to wait for their US immigration court dates. In Mexico, these mostly-Central American asylum seekers often live in tents with no sanitation, and fear for their safety. Because of this, roughly 1 in 10 asylum seekers part of the “Remain in Mexico” program are caught crossing the border outside of a port of entry or otherwise illegally. Advocates argue that forcing asylum seekers to face deadly conditions for months is the cause. If they have a particular fear, asylum seekers can ask to remain in the U.S. during their court case and not be a part of the program. However, in reality, less than 1% of asylum seekers are granted reprieve from the program.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS published a notice in the Federal Register stating that, in compliance with court orders issued as part of ongoing litigation, DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through January 4, 2021.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The San Diego Union-Tribune reports that asylum seekers who have finished their court cases are being sent back to Mexico with documents that contain fraudulent future court dates, keeping some migrants south of the border indefinitely.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS published a final rule in the Federal Register designating Poland as a country eligible to participate in the Visa Waiver Program. The rule is effective Monday, November 11, 2019.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, November 12, the Supreme Court will hear arguments on the administration’s decision to terminate DACA, the program that shields certain immigrants who were brought to the United States as children from deportation.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The first step to an asylum application is a credible fear interview, where an asylum seeker has to show they have a credible fear of returning to their home country, which was designed to be a low threshold that many could meet. When border patrol officers began conducting some of these interviews in June, the approval rate dropped sharply. The approval rate for border patrol was 47% compared to the roughly 80% for asylum officers. The move to use border patrol officers for this purpose has been criticized, with asylum officers agreeing that border patrol were trained with an enforcement mindset that is unsuitable for humanitarian work, and it is unfair to both the border patrol and the asylum seekers.
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