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DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas

DHS issued a memo on ICE and CBP enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance and is effective immediately.

https://www.dhs.gov/

https://cbocalbos.wordpress.com/tag/dhs-appeal/

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https://cbocalbos.wordpress.com/tag/department-of-homeland-security-dhs/

DHS Releases Memo on Termination of MPP

Today, DHS has announced the termination of MPP, effective immediately, after finding that the benefits of MPP are far outweighed by the costs of continuing the program. DHS will comply with Texas v. Biden, but termination of MPP will be implemented as soon as practicable after the injunction is vacated.

https://www.dhs.gov/

https://cbocalbos.wordpress.com/tag/dhs-appeal/

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https://cbocalbos.wordpress.com/tag/department-of-homeland-security-dhs/

USCIS Will Continue the Haitian Family Reunification Parole Program

USCIS updated its guidance on the Haitian Family Reunification Parole (HFRP) program at the end of September 2021, noting that it will continue the program after DHS reversed its 2019 announcement that it would terminate the program. Participation in the program is currently by invitation only.

https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees

https://cbocalbos.wordpress.com/tag/conditional-parole-2/

https://cbocalbos.wordpress.com/tag/advance-parole/

https://cbocalbos.wordpress.com/tag/adjustment-under-parole/

DHS formally bans separations for illicit border crossings.

 DHS officials formally banned separating children from parents who are caught illegally crossing U.S. border, as part of an effort by the Biden administration to revert the effects of Trump’s “zero tolerance” policy. CBP Acting Commissioner Troy Miller issued a memo to the heads of Border Patrol and CBP’s Office of Field Operations prohibiting the separation of children from their parents or guardians for convictions on illegal entry to the U.S., and banning the referral of parents for prosecution exclusively on the grounds of illegal entry to the country. Miller’s memo added an exception on national security grounds, allowing CBP and Border Patrol agents to refer illegal entry for prosecution with approval of higher-ranking officials and local counsel.

https://cbocalbos.wordpress.com/tag/dhs-appeal/

https://cbocalbos.wordpress.com/tag/dhs/

https://cbocalbos.wordpress.com/tag/immigration-attorney/

https://www.uscis.gov/

ICE rescinds civil penalties for failure to depart.

DHS announced that ICE has rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S. ICE had initiated enforcement of civil penalties in 2018, but as of January 20, 2021, ICE ceased issuing these fines. The rescission marks ICE’s latest move toward focusing its limited resources on those posing the greatest risk to national security and public safety in accordance with the current guidance on civil immigration enforcement and removal priorities, which were issued on Feb. 18, 2021.

https://cbocalbos.wordpress.com/tag/deportation-order/

https://cbocalbos.wordpress.com/tag/deportation/

https://cbocalbos.wordpress.com/tag/deportation-attorney/

https://www.usa.gov/deportation

DHS announces continuation of International Entrepreneur Parole Program

USCIS announced that DHS is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur (IE) program from DHS regulations. The IE parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. USCIS says the program will help to strengthen and grow the nation’s economy through increased capital spending, innovation, and job creation.

https://cbocalbos.wordpress.com/tag/dhs-appeal/

https://cbocalbos.wordpress.com/tag/dhs-advance-copy-of-a-notice-on-the-identification-of-foreign-countries-in-the-h-2a-and-the-h-2b-nonimmigrant-worker-programs/

https://cbocalbos.wordpress.com/tag/department-of-homeland-security-dhs/

https://www.dhs.gov/

DHS Extends Flexibility in Requirements Related to Form I-9 Compliance

ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until August 31, 2021. The extension includes guidance for employees hired on or after June 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

https://cbocalbos.wordpress.com/tag/dhs-has-sole-authority-on-naturalization-application/

https://cbocalbos.wordpress.com/tag/department-of-homeland-security-dhs/

https://cbocalbos.wordpress.com/tag/acting-dhs-secretary/

https://www.dhs.gov/

USCIS Makes Two Naturalization-Related Policy Manual Updates

USCIS made two Policy Manual updates. The first update, issued May 27, addresses naturalization eligibility and voter registration through a state’s DMV or other state benefit application process. The second update, issued May 28, addresses veterans residing outside the United States and naturalization. Both updates are effective immediately.

https://cbocalbos.wordpress.com/tag/military-naturalization/

 https://cbocalbos.wordpress.com/tag/dhs-has-sole-authority-on-naturalization-application/

https://cbocalbos.wordpress.com/tag/application-for-naturalization/

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization

DHS has Sole Authority on Naturalization Application

The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10)

DHS has Sole Authority on Naturalization Application

Naturalization

naturalization certificate

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