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Chad Wolf will be the replacement DHS Secretary.

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.

DHS Releases Information on Returning Certain Foreign Nationals to Mexico During Immigration Proceedings

DHS released information about the Migrant Protection Protocols it has begun implementing at the U.S.-Mexico border, whereby certain foreign nationals entering from Mexico may be returned to wait outside the United States for the duration of their immigration proceedings

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.

American Immigration Council filed a complaint with the DHS Office of the Inspector General (OIG) and Office of Civil Rights and Civil Liberties (CRCL) regarding DHS officials coercing parents into signing documents they may not have understood.

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents and what can be done

Additional 15,000 H-2B Visas Available for the Remainder of FY2018

 DHS’s announcementthat an additional 15,000 H-2B visas will be available for the remainder of FY2018. An advance copy of the temporary rule increasing the H-2B cap has been made available to the public. The temporary rule is scheduled to be published in the Federal Register this Thursday, May 31, 2018.

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.

Defective NTA

Deficient NTA

NTA meaning

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