Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Dana M. Sabraw found that the government may not conduct class members’ non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. The judge’s order applies to all asylum seekers in California who have hired lawyers and are subject to the Migrant Protection Protocols policy
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, the House Judiciary Committee announced that it is launching an investigation into the Migrant Protection Protocols, or “Remain in Mexico” policy. Several committee members have asserted that the protocols are illegal and open asylum seekers up to “murder, sexual violence, and kidnapping” in Mexico.
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Unlike other immigration courts, the makeshift courts in Texas were closed to the public, including human rights observers and attorneys not representing a client. Recently, the U.S. government agreed to open up the courts. However, attorneys and advocates are saying that not all proceedings have actually been made public. They complained that the Trump administration is adjudicating individual merits hearings for asylum seekers inside the Fort Worth Immigration Adjudication Center, which is closed to the public. Senior Policy Counsel at the American Immigration Lawyers Association called this practice “clearly intentional…The agency is trying to operate these cases in secret.” The practice is particularly concerning because most asylum seekers in these hearings are not represented by an attorney.
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In September 2019, President Trump issued an executive order requiring consent from states in order to continue refugee resettlement in those locations after June 2020. Under the order, local governments are able to deny consent to refugees as well. With the deadline for consent approaching, a court out of New York issued a preliminary injunction against the policy, blocking it from going into effect while litigation proceeds. The ruling on Wednesday said that the executive order is likely “unlawful” as it sidelines refugee resettlement agencies and contravenes the Refugee Act’s purpose and structure. Read more on how to become a refugee.
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On January 9, USCIS announced that its electronic H-1B registration system has been implemented and will be used for fiscal year 2021 H-1B petitions. USCIS will open registration from March 1 through March 20, 2020. Online registration requires a $10 fee and is not a full application. Registrations will be randomly chosen no later than March 31, and once chosen, a petitioner will need to fill out their H-1B petition
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS published the list of countries whose nationals are eligible for the H-2A and H-2B visa programs, which allow foreign workers to fill temporary agricultural and nonagricultural jobs. The list of countries is unchanged from the 2019 eligibility list.
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Posted on January 8, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Thousands of Liberians came to the U.S. in the 1990’s under temporary protections, and were a part of the Deferred Enforced Departure (DED) program starting in 2007. DED does not allow a path to citizenship, and expired in March 2019 without being renewed. The administration gave a one-year reprieve, meaning that thousands of Liberians would be subject to deportation after March 31, 2020. On Tuesday, the Senate passed the 2020 National Defense Authorization Act, which included an amendment providing a path to citizenship for Liberians under DED status. President Trump has said he will sign the bill into law.
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Posted on January 8, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On December 12, a federal judge issued a nationwide injunction on the rule that ended fee exemptions for many poor immigrants seeking citizenship. The previous rule allowed a fee exemption for anyone on government aid or who could show financial hardship (such as medical expenses or unemployment). The blocked rule eliminated fee waivers for government benefits and allowed waivers only to those who could show hardship or who were making no more than 150% of the federal poverty guidelines, meaning that many poor immigrants would have to pay the $725 fee. The main reason for the injunction was that the Trump administration disregarded the law when it did not seek or consider public comment on the new rule.
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Posted on December 29, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CNN reports that over the past year, nearly double the number of immigration judges left their positions in comparison with fiscal years 2018 and 2017. While the reasons for individual judges moving on from their posts vary, interviews with judges who left in recent months reveal a common theme of frustration over a mounting number of policy changes that, they argue, have chipped away at their authority.
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Posted on December 29, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it will begin accepting applications to adjust status to lawful permanent resident from certain Liberian nationals under Section 7611 of the National Defense Authorization Act for FY2020, Liberian Refugee Immigration Fairness (LRIF). USCIS will only accept properly filed applications until December 20, 2020
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