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DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas

DHS issued a memo on ICE and CBP enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance and is effective immediately.

https://www.dhs.gov/

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DHS formally bans separations for illicit border crossings.

 DHS officials formally banned separating children from parents who are caught illegally crossing U.S. border, as part of an effort by the Biden administration to revert the effects of Trump’s “zero tolerance” policy. CBP Acting Commissioner Troy Miller issued a memo to the heads of Border Patrol and CBP’s Office of Field Operations prohibiting the separation of children from their parents or guardians for convictions on illegal entry to the U.S., and banning the referral of parents for prosecution exclusively on the grounds of illegal entry to the country. Miller’s memo added an exception on national security grounds, allowing CBP and Border Patrol agents to refer illegal entry for prosecution with approval of higher-ranking officials and local counsel.

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https://www.uscis.gov/

ICE rescinds civil penalties for failure to depart.

DHS announced that ICE has rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S. ICE had initiated enforcement of civil penalties in 2018, but as of January 20, 2021, ICE ceased issuing these fines. The rescission marks ICE’s latest move toward focusing its limited resources on those posing the greatest risk to national security and public safety in accordance with the current guidance on civil immigration enforcement and removal priorities, which were issued on Feb. 18, 2021.

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https://www.usa.gov/deportation

DHS announces continuation of International Entrepreneur Parole Program

USCIS announced that DHS is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur (IE) program from DHS regulations. The IE parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. USCIS says the program will help to strengthen and grow the nation’s economy through increased capital spending, innovation, and job creation.

https://cbocalbos.wordpress.com/tag/dhs-appeal/

https://cbocalbos.wordpress.com/tag/dhs-advance-copy-of-a-notice-on-the-identification-of-foreign-countries-in-the-h-2a-and-the-h-2b-nonimmigrant-worker-programs/

https://cbocalbos.wordpress.com/tag/department-of-homeland-security-dhs/

https://www.dhs.gov/

The Department of Homeland Security (DHS) issued a final rule expanding the list of dependents who are eligible for employment authorization to include any other immediate family member of A or G foreign officials who falls within a category of aliens designated by DOS as qualifying.

H-4 work authorization

Immigrant workers

Work permit

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DHS Ratifies Rule Removing 30-Day EAD Processing Requirement for Asylum Applicants

  DHS issued a statement noting that Secretary Mayorkas has ratified a rule that removes the 30-day EAD processing requirement for asylum applicants. This ratification covers only the timeline repeal and not the broader rule restricting asylum EAD eligibility. It does not affect the preliminary injunction in CASA v. Wolf (now Mayorkas).

https://cbocalbos.wordpress.com/tag/appeal-asylum/

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https://cbocalbos.wordpress.com/tag/adjudication-of-asylum/

https://californiaimmigration.us/how-to-apply-for-political-asylum/

DHS Announces 22,000 Additional H-2B Visas

DHS announced a supplemental increase of 22,000 visas for the H-2B visa program. The additional visas will be made available in the coming months via a temporary final rule in the Federal Register. Six thousand visas will be reserved for nationals of Honduras, El Salvador, and Guatemala.

Mayorkas fires almost every member of DHS advisory council.

Over the weekend, DHS Secretary Mayorkas fired most of the members of the Homeland Security Advisory Council (HSAC). The HSAC is made up of 30 members – both Democrats and Republicans. Mayorkas stated that he ended the current HSAC term to “service…an orderly transition to a new model” and that he “will reconstitute HSAC in the next few weeks.” The HSAC produces reports and advises the secretary on a range of issues from domestic violent extremism to biometrics. Among those fired were allies of former President Trump, including former DHS Secretary Ken Cuccinelli and former ICE Director Thomas Homan.

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https://cbocalbos.wordpress.com/tag/alejandro-mayorkas/

https://californiaimmigration.us/alejandro-mayorkas-sworn-in-as-uscis-director/

DHS and DOS Reopen the Central American Minors Program

DOS announced that DHS and DOS have initiated phase one of reinstituting the Central American Minors (CAM) program to reunite qualified Central American children with their parents who are lawfully present in the United States. The first phase will process eligible applications that were closed when the program was terminated in 2017.

https://cbocalbos.wordpress.com/tag/asylum-lawyer/

https://cbocalbos.wordpress.com/tag/asylum-from-brazil/

https://californiaimmigration.us/wins/

 https://cbocalbos.wordpress.com/tag/asylum-litigation/

DHS Begins Processing Individuals in Mexico with Active MPP Cases

 DHS is beginning to process individuals in Mexico who are enrolled in the Migrant Protection Protocols (MPP)

https://cbocalbos.wordpress.com/tag/appeal-asylum/

https://cbocalbos.wordpress.com/tag/asylum/

https://californiaimmigration.us/how-to-apply-for-political-asylum/

https://cbocalbos.wordpress.com/tag/adjudication-of-asylum/