Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days of publication. The second is a final rule governing the H-2B Wage Methodology. As background, on March 4, 2015, a federal district court vacated the DOL’s 2008 H-2B regulations on the ground that DOL lacked authority under the INA to issue regulations in the H-2B program. A subsequent temporary stay and extension followed, allowing the DOL to continue processing H-2B cases through May 15, 2015.
Filed under: Immigration Attorney | Tagged: H-2B, h2b, laber certification, temporary worker | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.
Filed under: Immigration Attorney | Tagged: district court, H-2B, h2b, temporary worker | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.
Filed under: Immigration Attorney | Tagged: Deportation, Detention, ICE | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The New York Times reports on a U visa bill that would require California law enforcement to verify within 90 days cooperation with law enforcement by undocumented immigrants who are victims of violent crime. If passed, California would be the first state to mandate that law enforcement sign U visa certifications in a particular timeframe.
Filed under: Immigration Attorney | Tagged: Certification, certification of u visa, U Visa, victim of violent crime | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.
Filed under: Immigration Attorney | Tagged: 212(h), aggravated felony bar, criminal waiver, inadmissibility | 2 Comments »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Senate agreed on Tuesday not to include five proposed immigration amendments in a bill to combat human trafficking. These amendments would have restricted constitutional birthright citizenship, eliminated protections for unaccompanied children, and granted DHS broad power to detain noncitizens for prolonged periods.
Filed under: Immigration Attorney | Tagged: drug trafficking bill, Immigration Bill, Immigration Reform, Senate | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that top ICE officials expect there to be far fewer migrant children and families crossing the border on their own this summer than there were during last year’s influx.
Filed under: Immigration Attorney | Tagged: asylum, central american children, credible fear interview, el salvadorian children | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS issued an instruction card for enforcement personnel to carry that provides guidance and brief instruction on the DHS enforcement priorities articulated in the November 20, 2014, memo on prosecutorial discretion. ICE Director Sarah Saldaña presented the card to the House Judiciary Committee at an oversight hearing last week.
Filed under: Immigration Attorney | Tagged: enforcement memo, pd, prosecutorial discretion | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit issued an en banc decision that overruled previous decisions to the extent that they conflicted with the plain text reading of the regulations governing internal relocation and deferral of removal under CAT. The court held that neither the petitioner nor the government bears the burden of proof as to internal relocation; rather, such evidence, if relevant, must be considered in assessing whether it is more likely than not that the petitioner would be tortured if removed.
Filed under: Immigration Attorney | Tagged: 9th circuit court of appeals, CAT, Convention Against Torture, internal relocation, Petition for Review | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Washington Post reports on the Central American Minors Refugee/Parole Program, a new but little-known program that allows Central American immigrants who reside legally in the United States to bring family members to the country. The article states that the new policy applies to children from Honduras, Guatemala, and El Salvador who face harm from violence and other dangers. Admission is also possible for spouses and grandchildren of immigrants in some cases.
Filed under: Immigration Attorney | Tagged: central american refugees, honduran asylees, Refugees | Leave a comment »
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