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ICE to avoid detaining pregnant, nursing, and postpartum women.

 ICE said it will no longer detain most pregnant, nursing and postpartum women for deportation, reversing a Trump-era rule that permitted officials to jail thousands of immigrants in those circumstances. ICE’s new policy is even more expansive than the Obama-era policy, which only exempted pregnant women. ICE officials said in a statement that the new policy takes into greater account the “health and safety” of expecting and new mothers and recognizes “the time needed for infant development and parental bonding.” The policy revokes a 2017 Trump administration directive that “ended the presumption of release for all pregnant detainees.”

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

https://cbocalbos.wordpress.com/tag/spanish-deportation-lawyer/

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

https://cbocalbos.wordpress.com/tag/72-hours-notice/

New immigration policy is opening doors for mixed-status families.

Under Trump’s proposal, those families faced the choice of either kicking out the undocumented family member to keep the home, or keep the family together and lose housing. Immigrant rights groups advocated against this policy, arguing it would lead to mass homelessness. Around the same time as Biden rolled back the policy, New York joined several states which have expanded their budgets and social safety nets to include the undocumented.

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

https://californiaimmigration.us/immigration-policy-changes-and-clarification/

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

USCIS extends flexibility for responding to agency requests.

USCIS announced that it is extending the flexibilities it announced on March 30, 2020 to assist certain applicants, petitioners, and requestors. These individuals include those who are responding to requests for evidence, continuations, notices of intent to deny/revoke/rescind/terminate, and motions to reopen an N-400. Additionally, the agency will consider a Form I-290 or N-336 if the form was filed up to 60 calendar days from the issuance of a decision we made; and that decision was made anytime from March 1, 2020, through June 30, 2021. 

President Biden reinstates DED for eligible Liberians.

On Jan. 20, 2021, President Biden issues a memo directing the secretary of DHS to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization through June 30, 2022. Eligible Liberian nationals – and persons without nationality who last habitually resided in Liberia – covered under DED as of Jan. 10, 2021, may remain in the United States through June 30, 2022. Reinstating DED for Liberians will allow additional time for eligible Liberians to apply for adjustment of status on or before Dec. 20, 2021, under the extension of the Liberian Refugee Immigration Fairness (LRIF) provision. Immigrants covered by DED are not subject to removal for a designated period of time.

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

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://californiaimmigration.us/immigration-policy-changes-and-clarification/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

Deportation of Africans cancelled after reports of torture by ICE

A plane carrying African asylum seekers due to take off from Alexandria, Louisiana was cancelled with minutes to spare after advocacy groups published affidavits by detainees of torture by ICE agents. The affidavits listed violent tactics that ICE officials used to pressure detainees to submit to deportation, including choking, beating, and forcing the asylum seekers to agree to expulsion by threatening them placement in Covid-19 wards. ICE cancelled the deportation “to allow any potential victims or witnesses an opportunity to be interviewed,” and it “will conduct an agency review of recent use-of-force reports related to individuals on this flight.” ICE was accused of similar abuse in October, but denied the claims and did not change its policy of accelerated deportations.

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

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://californiaimmigration.us/immigration-reform-becomes-effective/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

The Race to Dismantle Trump’s Immigration Policies

The New Yorker reports on the “extensive, unpublicized bureaucratic effort to transform immigration through rule changes, adjustments to asylum officers’ guidelines, modifications to enforcement norms, and other measures” that took place during the Trump administration, as well as the real-life impact these policies have had on people fleeing violence and persecution and seeking to immigrate to the United States. The article also covers what it will take for the Biden administration to undo these measures. Politico reports that the Senate has delayed its vote to confirm Alejandro Mayorkas, President Biden’s nominee to lead DHS, to tomorrow due to inclement weather.

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

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

https://californiaimmigration.us/immigration-policy-changes-and-clarification/

Biden gets rid of MPP Policy

The Law Offices of Brian D. Lerner, APC is a National Immigration Law Firm and can help with the understanding of all the new executive orders of President Biden and how it is rolling back and/or completely revoking the anti-immigration policies of Trump. It is a great relief to immigrants and the U.S. to have a new President who is not anti-immigrant and who does not bash and scapegoat immigrants to appease a White Nationalist base. Here are a few items of significance which President Biden has signed and what it means.

President Biden Issues Executive Order Revising Civil Immigration Enforcement Policies and Priorities. ICE Acting Director issued a memo establishing interim guidance in support of the interim civil immigration enforcement and removal priorities issued by DHS on 1/20/21. The guidance, effective immediately, covers enforcement actions, custody decisions, execution of final orders of removal, and more. While there has already been a Federal Judge in Texas who enjoined this order, it basically puts a halt on deportations to address the policies and reasons behind the deportations. This is because Trump both increased deportations and removed due process from people fighting to be deported. Our Law Office represents people in removal and deportation proceedings from the very first meeting with ICE to all of the hearings in front of the Immigration Judge. This would include the Master Calendar hearing, the contested hearings, the merits hearings and trial. If needed, our deportation attorneys will appeal your case to the Board of Immigration Appeals. We can even go up to the Circuit Courts of Appeal to do the Petitions for Review.

Another set of Executive orders deals with asylum and refugees. White House Issues Executive Order on Enhancing Refugee Resettlement Programs. President Biden issued an Executive Order revoking certain past presidential actions on refugee admissions and resettlement; directing government agencies to take steps to improve URSAP. The bottom line is that Trump essentially removed and stopped refugees from coming into the U.S. Of course, the U.S. is a beacon of hope for persons being prosecuted across the world and Trump did not care. President Biden has significantly increased the amount of refugees now allowed into the U.S. Getting asylum is not easy. Our immigration attorneys will prepare the entire asylum application and get supporting evidence from experts, Amnesty International, the State Department and other sources. We can also go with you (if inside the U.S.) to the asylum interview at the Asylum Office.

As you might know, Trump instituted the draconian MPP policy where people who were applying for asylum coming from the border from Mexico had to remain in Mexico until they had a Court date in the U.S. This was absurd as people suffering and being persecuted were essentially told to remain in a dangerous place of which many still missed their court dates. It was cruel. Now, President Biden has put an end to this. The White House issued an executive order to implement a comprehensive three-part plan for safe, lawful, and orderly migration across the southern border, as well as to review the Migrant Protection Protocols program. The order also directs a series of actions to restore the U.S. asylum system. Of course, there is one thing applying for asylum and quite another to win. Our office will do everything possible to try to win your asylum by putting together the best asylum package possible.

In sum, our Law Office will help with all immigration issues and problems anywhere in the U.S. Get a free consultation.

First 100 Days of the Biden Administration

On his first day in office, in addition to presenting immigration reform legislation to Congress, the president and his administration took a number of immigration-related executive actions. President Biden issued a proclamation revoking discriminatory bans on entry to the United States and an executive order revising civil immigration enforcement policies and priorities. The DHS acting secretary issued a memo directing DHS components to conduct a review of immigration enforcement policies and, beginning January 22, 2021, to pause removals of certain noncitizens ordered deported for 100 days. DHS also suspended new enrollments in the MPP program. Further, the president issued memos on preserving and fortifying the DACA program and reinstating DED for Liberians, a proclamation terminating the national emergency with respect to the U.S. southern border and redirecting funds diverted to border wall construction, and an executive order revoking prior presidential actions that excluded undocumented immigrants from the apportionment base following the decennial census.

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

https://californiaimmigration.us/immigration-policy-changes-and-clarification/

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

Senate Democrats introduce legislation to grant TPS to Venezuelans.

Democratic senators introduced legislation to grant Temporary Protected Status (TPS) to Venezuelans in the U.S., saying the actions former President Trump took on his last day in office to shield Venezuelans from deportation fall short. Trump’s executive order deferred for 18 months the removal of Venezuelans who were at risk of being sent back to their home country under the Deferred Enforced Departure (DED) program. Both TPS and DED allow recipients to legally live and work in the United States, but experts say the latter is a better option because it allows migrants to legally work. Biden said during the presidential campaign that he would extend TPS protections for Venezuelans. TPS can be granted by Congress or a presidential executive order.

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

https://californiaimmigration.us/immigration-policy-changes-and-clarification/

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

Lawsuit filed against CBP for access to migrant 911 call data.

immigration advocacy groups filed a FOIA lawsuit against Customs and Border Protection (CBP) seeking information regarding the agency’s policies and practices that advocates say are fueling the missing persons crisis at the border. Along the border, law enforcement refer 911 calls for emergency assistance to CBP when the callers are Spanish-speaking, a practice that effectively makes it the primary emergency services provider along the border. Advocates say this is at odds with CPB’s explicit charge as an immigration enforcement agency. The advocacy groups filed FOIA requests in 2019, seeking data relating to these 911 calls, but CBP failed to produce any documents regarding the request. The current lawsuit seeks an order compelling the documents.

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

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

https://californiaimmigration.us/immigration-policy-changes-and-clarification/