Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Wednesday, a NY federal judge reprimanded the Trump administration for refusing to reinstate DACA, saying the administration was “ignoring” court orders that preserved the immigration program while trying to “run out the clock” on the president’s remaining time in office. In June, the Supreme Court ruled to preserve DACA. However, DHS instead issued another memo limiting DACA, including by shortening the renewal period and barring first-time applicants, spurring another round of litigation. The judge accused DHS of attempting to delay the case to avoid having to reinstate DACA before Trump leaves office in January. An expedited briefing schedule was set that would require the government to turn around a response brief the week of Thanksgiving.
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Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Months ago, President Trump announced he would order the Commerce Department to exclude undocumented immigrants from census reporting, which is used to determine state’s seats in the House of Representatives. Nearly half the states, including several cities and counties, filed suit and compared his move to slavery-era rules that limited which “persons” were counted for political purposes. Nearly 30 amicus briefs were filed on the issues. The Supreme Court took up the case in October, and is scheduled to hear oral argument
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Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Time Magazine reports that President-Elect Joe Biden has promised to revoke the Trump-era travel ban on his first day in office—a commitment that families who have been separated by the ban are desperately hoping he follows through on. Under the most recent version of President Trump’s ban, citizens from Iran, Libya, Somalia, Syria, Yemen, Venezuela, North Korea, Nigeria, Myanmar, Eritrea, Kyrgyzstan, Sudan, and Tanzania face varying degrees of visa restrictions.
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Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Wednesday, the Trump administration said it is making more undocumented immigrants eligible to be quickly deported without a court hearing. In July 2019, ICE announced new rules which are now being implemented that greatly expand their used of “expediated removal.” The Trump administration claims the new expedited removal rules will allow ICE to save resources typically used for long-term detention and help the immigration court system reduce its massive case backlog.
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Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Trump issued a determination setting the refugee admissions ceiling for FY2021 at 15,000. The ceiling incorporates more than 6,000 unused places from the FY2020 ceiling and also provides regional ceilings and admissions allocations based on category.
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Posted on August 12, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Reuters reports that U.S. tech firms including Amazon and Facebook filed an amicus brief yesterday backing a challenge to President Trump’s temporary ban on the entry of certain foreign workers. In the brief, filed in a lawsuit brought in California by major U.S. business associations, the companies argued the visa restrictions would hurt American businesses, lead employers to hire workers outside the United States, and further damage the struggling U.S. economy.
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Posted on July 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Trump directed the federal government not to count undocumented immigrants in the census when allocating districts in the House of Representatives. This directive would exclude millions of people and is in conflict with the normal interpretation of the census in the Constitution. The effect of this move would very likely shift several seats from Democratic states to Republican states. However, since the citizenship question was never included on the census, it is unclear how this move would be carried out.
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Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In January 2020, immigration judges received a notice from the Trump administration barring them from speaking publicly or to the press about what happens in their immigration courts. They were also barred from voicing their opinions on what should happen in immigration courts. On July 1, the immigration judges’ union filed a lawsuit against the Trump administration, arguing that the order violates their constitutional rights under the First Amendment.
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Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A group of 226 Diversity Visa program selectees and their families from over 65 countries filed a complaint in district court arguing that the Trump administration has suspended the DV-2020 program through policies, procedures, and practices that are contrary to the INA and federal regulations governing the program.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 22, President Trump signed an executive order enacting a temporary ban on many types of nonimmigrant visas. The ban prohibits the issuance of new visas to applicants of H-1B visas, H-2B visas for non agricultural seasonal workers, J-1 visas, and L-1 visas. There will be exemptions for food processing workers as well as some healthcare workers. The new restrictions took effect on June 24.
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