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Extreme Vetting Policies

Touting national security concerns, President Trump has been swiftly implementing burdensome, ineffective, and unnecessary policies through executive actions and memoranda, including implementing several travel bans on Muslim-majority countries and refugees, and now requiring USCIS to conduct in-person interviews for people who have already been thoroughly vetted. Federal agencies like DHS and DOS are not being transparent about how these immigration policies are being developed and administered, leaving individuals and businesses in the dark about how they will be impacted

Privacy Going Away

DHS Issues New Privacy Policy Guidance on Collection, Use, Retention, and Dissemination of Personally Identifiable Information

 

Following President Trump’s issuance of Executive Order 13768, which states that agencies may no longer extend the protections of the Privacy Act to individuals other than U.S. citizens and LPRs, DHS has updated its privacy policy.

Leaked DHS Intelligence Report: Citizenship Likely an Unreliable Indicator of Terrorist Threat to the United States

The Associated Press published a leaked draft of a DHS intelligence report that found that country of citizenship is “unlikely to be a reliable indicator of potential terrorist activity,” and that few people from the seven Muslim-majority countries President Trump listed in his January 27, 2017, travel ban have been involved in terrorism-related activities in the United States since the start of the Syrian civil war in 2011. DHS did not dispute the report’s authenticity, but said that the report was “incomplete” and was not a final comprehensive review of the government’s intelligence. As reported in the Immigration Politics Ticker, President Trump is expected to sign a new travel ban on Wednesday—a day after his first address to a joint session of Congress.

Memo put out by DHS Secretary violates the constitution

Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents.  This is one area that is highly questionable. The DHS Secretary cannot simply state that a person who is not a resident or citizen will no longer have privacy rights. He does not have the authority to contradict the U.S. Constitution

Serving the NTA

Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed.

Government Plans to Resume Haitian Removals

Today, DHS Secretary Jeh Johnson announced that the government plans to resume regular deportations of Haitians.

DHS Announces Final Rule Impacting Highly Skilled Workers

Today, DHS published in the Federal Register the final rule entitled “Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants,” which becomes effective on February 16, 2016. This DHS announcement outlines the changes the rule makes to DHS regulations affecting highly skilled nonimmigrant workers for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); EB-1 immigrant outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.

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