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Trumps attempt to end DACA is thwarted. Ninth Circuit Affirms Preliminary Injunction Requiring DHS to Adjudicate DACA Renewal Applications

The court issued an opinion affirming the district court’s January 9, 2018, entry of a preliminary injunction requiring DHS to adjudicate renewal applications for existing DACA recipients.

USCIS to Expand Implementation of New Policy Memorandum on NTAs

USCIS announced it is continuing to implement its June 28, 2018, policy memo on issuance of Notices to Appear (NTAs). Starting November 19, 2018, USCIS may issue NTAs based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, and I-730, as well as I-485 when filed with these underlying form types.

USCIS Issues Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption

USCIS issued a policy memorandum that amends the Adjudicator’s Field Manual to provide guidance on issues related to prospective adoptive parent suitability that may arise when adjudicating intercountry adoption cases. The memo is effective immediately except as specified and supersedes prior guidance.

DOL and DHS Publish Proposed Rules on Modernizing Recruitment Requirements for H-2A and H-2B Workers

DOL published a proposed rule for the H-2A visa program and, jointly with DHS, a proposed rule for the H-2B visa program to modernize recruitment requirements for both programs by replacing the currently required newspaper advertisements with electronic advertisements.

There Are Now More Than 14,000 Immigrant Kids in Federal Custody—a New Record

The number of immigrant children in federal custody has reached an all-time high. As the length of time these children remain in government facilities grows longer, the number of children in custody will likely continue to rise.

USCIS Expands Implementation of NTA Policy and DOL Implements New LCA

main:USCIS may issue a Notice to Appear (NTA) based on the denial of certain humanitarian applications and petitions as part of its continued implementationof the agency’s new NTA policy

EOIR Releases Two Memos Related to Case Priorities and Performance Measures

EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum case taking longer than 180 days to adjudicate, a respondent must satisfy the good-cause standard and show exceptional circumstances.

BIA Dismisses Appeal and Denies Adjustment After Ex-Spouse Withdrew Affidavit of Support

The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit of support from her former husband.

DOL Issues Guidance in Light of Damage Done by California Wildfires

The DOL Office of Foreign Labor Certification (OFLC) issued guidance regarding California wildfires, stating that extensions will be granted for issues that arise from disaster-related conditions, including delays caused as a result of the disaster.

Trans Woman Was Beaten in ICE Custody Before She Died

An autopsy released yesterday shows that Roxsana Hernández, a Honduran trans woman who died in ICE custody, was likely physically abused at a privately operated ICE detention center before she died of untreated dehydration. ICE announced yesterday that Mergensana Amar, a Russian man who attempted suicide at an ICE detention center earlier this month, passed away on Saturday after he was removed from life support.