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DHS has extended TPS documentation for 6 countries in compliance with a district court injunction.

 The DHS announced Friday that the validity of TPS documentation of recipients from 6 countries has been extended through January 4, 2021. The six countries affected are El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. The expiration dates for Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record have all been extended. The extension is a result of preliminary injunctions in cases in California and New York. If the injunctions are overturned, TPS will end for all listed countries no earlier than 120 to 365 days after the court decision, depending on the country.

The U.S. has been sued over Trump’s health insurance requirement for immigrants.

A non-profit and citizens in Portland, Oregon filed a lawsuit on Wednesday alleging that the president’s decision to require prospective immigrants to have health insurance violates separation of powers and is an attempt to override the will of Congress in the realms of immigration and healthcare. The lawsuit is seeking class-action status and to block the rule from going into effect while litigation is ongoing. The rule will apply to people seeking immigrant visas from abroad and is set to take effect on Sunday, November 3.

Acting DHS Secretary McAleenan will stay in his position until someone is nominated in his place.

McAleenan’s resignation from DHS was announced 3 weeks ago on October 11. Since then, no one has been nominated to fill his position. When testifying before Congress on Wednesday, Acting DHS Secretary McAleenan told lawmakers he would “ensure a smooth transition” and, “if necessary,” stay on in his role until a successor is nominated.

The US and El Salvador struck a deal to protect Salvadorans with TPS.

About 265,000 Salvadorans in the U.S. have Temporary Protected Status (TPS), which gives them temporary legal status and the ability to work. Most of them have been in the U.S. for more than 10 years, since Salvadorans were first offered TPS during the Bush administration. In the past few years, the Trump administration has attempted to end TPS for Salvadorans, and is currently litigating the end of TPS. The deal struck on Monday pushes the end date for Salvadoran TPS to January 2, 2021, even if the courts rule in the government’s favor and allow TPS to end.

The US did not resettle any refugees in October.

Over 500 flights were canceled in October, leaving refugees in limbo. Now, the moratorium on refugee flights has been extended to November 5, meaning that no refugees have been resettled in the U.S. in October. Though these refugees have already been through the vetting process and were approved to come to the U.S., the indefinite delays are causing problems, both psychologically and procedurally. Experts say forcing the refugees to continue to stay in camps in Egypt and Nigeria is “re-traumatizing.” Some unaccompanied minors have turned 18 during the month-long extension, meaning that they are no longer minors and have to wait in the refugee camps indefinitely. Some refugees have medical exams and security checks with looming expiration dates. Since the moratorium technically has an end date, flights will continue to be re-booked for the refugees.

Petitioners can now file Form I-130 online.

 Effective immediately, USCIS has made Form I-130, Petition for Alien Relative, available for online filing. Acting USCIS Director Cuccinelli announced that this form is now the 8th available for online filing, and is part of the agency’s push to become paperless. Petitioners can also use the online portal to track their status, pay fees, communicate with USCIS, and respond to requests for evidence. The paper version of Form I-130 will still be accepted.

USCIS has adjusted the premium processing fee for some employment-based petitions.

Starting December 2, the premium processing fee will increase from $1,410 to $1,440 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. The fee was last increased in 2018, and the increase is based on inflation. Premium processing is optional and allows petitioners to request 15-day processing.

Several forms have been updated.

USCIS has updated editions of Form AR-11, Change of Alien’s Address Card; Form G-325A, Biographic Information (for Deferred Action); Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; Form I-612, Application for Waiver of the Foreign Residence Requirement; and Form I-589, Application for Asylum and for Withholding of Removal. The previous edition of each form will be accepted until varying dates in December.

USCIS has updated fee waiver requirements

USCIS has updated fee waiver requirements

USCIS has published a new version of Form I-912, Request for Fee Waiver. The new version has removed the use of means-tested public benefits as a factor. According to USCIS, the change was warranted because eligibility requirements for public benefits vary so much state-to-state. Under the new criteria, individuals can request a fee waiver if their annual household income is at or below 150% of the Federal Poverty Guidelines or if they demonstrate financial hardship. In effect, the new criteria narrow who is eligible for a fee waiver. 

Trump Proposes a Refugee Ceiling of 18,000 for FY2020

The White House released a document noting that President Trump is proposing a refugee ceiling of 18,000 for FY2020. Further, the president also issued an executive order instructing the federal government to settle refugees only in those jurisdictions in which both the state and local governments have consented to receive refugees under the DOS Reception and Placement Program. CNN reports that the proposed refugee ceiling would mark a “new historic low” and that the executive order could allow states and local jurisdictions to deny refugees entry.