Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
President Trump announced the end of DACA more than two years ago. Due to litigation, it is still in effect, and now the Supreme Court will have the final word. The Supreme Court heard arguments yesterday on 1) whether federal judges are able to review DACA, and 2) whether the way Trump went about ending DACA violated the law. The government argued that ending DACA falls within normal discretion, while plaintiffs argued the government’s ending of DACA violates the Administrative Procedure Act. The justices seemed split, though many justices kept their feelings close to their chest. A decision can be expected by summer.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On November 8, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal was officially published on November 14 and will have a month-long comment period.
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Filed under: asylum | Tagged: asylee, asylum, asylum 2.0, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On November 8, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal was officially published on November 14 and will have a month-long comment period.
Filed under: best deportation attorney | Tagged: asylum, work permit renewal, Work Visa | Leave a comment »
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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