Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS published a final rule in the Federal Register designating Poland as a country eligible to participate in the Visa Waiver Program. The rule is effective Monday, November 11, 2019.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, November 12, the Supreme Court will hear arguments on the administration’s decision to terminate DACA, the program that shields certain immigrants who were brought to the United States as children from deportation.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The first step to an asylum application is a credible fear interview, where an asylum seeker has to show they have a credible fear of returning to their home country, which was designed to be a low threshold that many could meet. When border patrol officers began conducting some of these interviews in June, the approval rate dropped sharply. The approval rate for border patrol was 47% compared to the roughly 80% for asylum officers. The move to use border patrol officers for this purpose has been criticized, with asylum officers agreeing that border patrol were trained with an enforcement mindset that is unsuitable for humanitarian work, and it is unfair to both the border patrol and the asylum seekers.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Chad Wolf was recently announced as the next pick for the role of acting DHS Secretary. To comply with federal law, he needs to have been in a Senate-confirmed position before he can become acting Secretary. On Thursday, the Senate took the first necessary step for confirmation of his current position, a filing of cloture to end debate. This means that the Senate could confirm him to his current position on Tuesday. Wolf would then be legally able to take over McAleenan’s role as acting Secretary for DHS.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last week, Syracuse University published findings that millions of records are missing from public reports, and that the objective data does not match DOJ reports. These inconsistencies include incorrectly formatted documents leading to unreadable data and millions of records disappearing between the EOIR’s own record releases. The immigration judges union supported the university’s claims, saying that the records do conflict with their experiences.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Special Response Team, a division of ICE, startled residents in Queens when it drove through the streets in an armored military vehicle called a BearCat. The vehicle was not being used for an immigration operation at this time. The Special Response Team was investigating a firearms suspect. Still, some fear that this was a show of force, and are concerned with an immigration organization possessing this type of military vehicles.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, 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 is expected to be officially published on November 14 and will have a month-long comment period.
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Posted on November 4, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
he new policy would require prospective immigrants to obtain non-subsidized health insurance within 30 days of entry into the U.S., a move which has been criticized by immigration and health advocates. District Judge Michael Simon issued a temporary restraining order on the policy on Saturday, the day before the policy was to go into effect. The block will be in place for 28 days while plaintiffs and the government gather evidence for the lawsuit.
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Posted on November 4, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
McAleenan resigned as acting Secretary for DHS, but has stayed while the White House has tried to find a replacement. President Trump told reporters on Friday that he planned to install Chad Wolf as acting Secretary for DHS. The White House later reported that Wolf will take over McAleenan’s role on November 12. Wolf currently serves as undersecretary for policy at DHS, though he was never confirmed by the Senate. Wolf fulfills the legal requirements because because he held a position for more than 90 days under Nielsen, the last Senate-confirmed DHS secretary.
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Posted on November 4, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Thursday, the House blocked the White House plan to divert $700 billion in Pentagon funding to build the border wall. The filibuster and vote was mostly along party lines, with Democrats criticizing the attempted transfer of money from health and education to the border wall. This was the second time in six weeks that the House has blocked the measure.
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