The United States Court of Appeals for the 9th Circuit has spoken. In their unanimous opinion, a three-judge panel of judges held that the President’s decision to rescind the DACA program by way of executive order was arbitrary and capricious. After a long and contentious hearing in the case, Regents…
Articles Posted in Executive Actions
More Executive Orders on Immigration Expected?
The Washington Post recently reported that President Trump is expected to deliver a scathing speech on immigration this upcoming Tuesday October 30, 2018. The President’s speech will come just a week before the highly contested midterm elections, where more than 425 House seats are up for re-election. Interestingly, the Post…
NTA Policy Memo to be Implemented Beginning October 1st for I-485 and I-539s
Several months ago, we reported that the United States Citizenship and Immigration Services (USCIS) amended its policy regarding the issuance of Notice to Appear (NTA) documents in removal proceedings. During the month of June, USCIS released a policy memorandum indicating the agency’s intent to revise NTA policy to better align…
Guidance on New USCIS Policy Denying Petitions without first issuing RFE or NOID
We would like to remind our readers that beginning September 11, 2018, USCIS immigration officers will have the discretion to issue denials without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOIDs). The new policy was announced in a policy memorandum released during the month…
DACA Program Will Remain…. For Now
Photo by Molly Adams On Friday August 31, 2018, Texas District Judge Andrew Hanen declined to issue a preliminary injunction that would have put a stop to the DACA program immediately. As we previously reported, the fate of the DACA program now rests in Judge Hanen’s hands, who is currently…
Denaturalization Task Force Coming Next Year
Beginning next year, the United States Citizenship and Immigration Services (USCIS) will launch a task force located in Los Angeles, designed to identify, detect, and prosecute individuals who have fraudulently gained United States Citizenship, for example by entering into a ‘sham’ marriage to obtain permanent residence, or engaging in other…
D.C. District Court, Orders Restoration of the DACA program, in New Ruling
A federal judge from the United States District Court for the District of Columbia upheld a decision from the lower courts ordering the complete restoration of the Deferred Action for Childhood Arrivals (DACA) program. The new ruling gives the Trump administration a 20-day deadline to implement the complete restoration of…
This Week in Immigration News: Return of Unselected H-1B Petitions, Delay in Implementation of NTA Policy, and I-751 Petition Transfers
Return of Unselected H-1B Petitions H-1B cap-subject petitions that were not selected in the fiscal year 2019 visa lottery have been returned to unlucky applicants. If you filed a petition between April 2 and April 6 and you did not receive a receipt notice for your application, you will be…
USCIS Data Signals Dramatic Increase in H-1B Visa Denials, Report Finds
A new report by the National Foundation for American Policy (NFAP) released this month indicates that the number of H-1B denials and Requests for Evidence (RFEs) increased significantly during the fourth quarter of 2017 which began on July 1, 2017, following the implementation of Presidential Executive Order “Buy American, Hire…
USCIS Announces Revised NTA Policy to Align with EO 13768
In this post, we bring our readers important information regarding revisions to the Notice to Appear “NTA” policy guidelines. On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) released new policy guidance outlining the Department’s priorities for enforcement and removal of undocumented immigrants from the United States. Form…