On June 23, USCIS released a statement clarifying the impact of the newly released ban on new H-1B visas and other types of nonimmigrant visas. The restrictions do not affect those working in the U.S. on a valid H-1B or similar visa. Valid visa holders who are currently abroad will not be prevented from entering or reentering the U.S.
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The Trump administration has been looking into expanded foreign worker bans ostensibly in response to the COVID-19 pandemic. The expected change would expand an existing executive order to include more categories of barred foreign workers. The Trump administration is also considering limiting the number of people who come to the U.S on cultural exchanges, such as with summer camps and resorts. It is also looking into lowering the number of visas for specialty occupations and certain categories of seasonal workers. In response to this possibility, some Republican senators have urged President Trump not to restrict visas for seasonal workers because of their importance in many industries. Any new or existing executive orders related to immigration are expected to be extended on a 30 or 60-day basis.
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On May 29, President Trump issued a presidential proclamation limiting the issuance of visas to some graduate students from China. The proclamation bars the entry of or issuance of visas to Chinese students in F or J status in graduate level programs, or who are involved in the “strategy” to divert technology to the Chinese military. The proclamation also calls on the State Department to consider revoking visas. There are currently 84,480 Chinese students in graduate-level science and engineering programs in the U.S.
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On February 21, Justice Sonia Sotomayor issued a dissenting opinion to a Supreme Court ruling allowing the Trump administration’s new public charge rule to take effect in Illinois, despite an existing injunction in that state. In her opinion, she wrote that the Supreme Court was “all too quick to grant the Government’s ‘reflexiv[e]’ requests” and that the “disparity in treatment erodes the fair and balanced decisionmaking process.”
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Judge Briones in El Paso, Texas issued a nationwide preliminary injunction against the president’s use of $3.6 billion in military construction funding for the border wall. The president’s proclamation that allowed the use of those funds violated congressional restrictions that limited border wall funding to $1.375 billion. This $3.6 billion was separate from the $2.5 billion in drug interdiction funding. The Supreme Court lifted the injunction against the $2.5 billion in July, meaning that the Trump administration can use those funds while litigation proceeds.
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Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S. The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.
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The Trump administration is planning on using eminent domain to acquire private land in Texas to use for the border wall. On Thursday, the government sent Right of Entry letters to dozens of landowners informing them that it will be surveying the land. The owners must sign the letters for the government to be able to come onto the land, but if they don’t sign, the matter will be escalated to the DOJ to get court-ordered access. Acting CBP Commissioner Morgan stated that he is aware there will likely be litigation over the land acquisition, but thinks that the government is “on track” to get the 450 miles for the wall.
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The Electronic Frontier Foundation (EFF) filed a lawsuit against the Trump administration on November 12 to compel the government to release documents under the Freedom of Information Act (FOIA). Specifically, EFF is looking for information on “the number of individuals whose DNA had been collected, the accuracy of DNA matches, and the exact gene processing used to identify parent-child relationships.” The DNA testing used by the government claims to have results within 90 minutes, which has raised some questions on accuracy. Additionally, though the government claims that the DNA tests are voluntary based on consent forms, EFF has concerns about coercion. According to EFF, the consent forms claim that refusing a DNA test can result in family separation. For now, the lawsuit is only about getting information about the testing under FOIA.
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A non-profit and citizens in Portland, Oregon filed a lawsuit on Wednesday alleging that the president’s decision to require prospective immigrants to have health insurance violates separation of powers and is an attempt to override the will of Congress in the realms of immigration and healthcare. The lawsuit is seeking class-action status and to block the rule from going into effect while litigation is ongoing. The rule will apply to people seeking immigrant visas from abroad and is set to take effect on Sunday, November 3.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 