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Welcome back to Visalawyerblog! In this blog post we discuss the Biden administration’s recent decision to keep refugee admissions at an all-time low, a decision that has angered lawmakers and pro-immigrant advocates alike.

On April 16, 2021, President Biden issued a controversial Presidential directive that aims to keep the refugee admissions ceiling at the same rate as that under the Trump administration. The new Presidential directive states that the administration will maintain the refugee admissions ceiling at 15,000 per fiscal year, with the majority of refugee allocations given to Africa and Latin America and the Caribbean, and the remainder split among East Asia, Europe and Central Asia, Near East and South Asia, and other regions.

The Presidential directive however leaves open the possibility of raising the ceiling if the quota is reached before the end of the fiscal year, at which time the administration would consider raising the admissions rate anew.

In defense of the President’s actions, White House Press Secretary Jen Psaki, said in a statement that President Biden is expected to set a final, increased refugee cap for the remainder of the fiscal year before May 15, 2021.

The President’s actions mark a stunning departure from his campaign agenda, which for the first time ever, has fallen short of undoing harmful actions of the previous administration by continuing to narrow the pool of refugees that may be admitted to the United States.

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DHS Statement on Family Reunification

The Department of Homeland Security recently issued a statement outlining the administration’s four-point plan to reunite minor children separated from their parents at the border. Beginning July 10, 2018, HHS and DHS will coordinate the reunification of children under 5 years of age currently in the custody of HHS, with parents who are in DHS custody.

#1 Verification of Parental Relationship

The administration will first ensure that a parental relationship with the child has been verified before reunifying the child with his or her parent. In addition, the parent must undergo a background check to ensure that reunification will not compromise the safety and welfare of the child. If a parent is found unsuitable for reunification purposes, in the course of a background check, the child will not be reunified with the parent. Parents who are in the custody of the U.S. Marshall or in a state or county jail for other offenses may not be reunified with their child.

#2 Transportation of Parents to ICE custody

Parents separated from their children will be transported to ICE custody where they will be reunited with their parents. Beginning July 10, 2018, DHS will coordinate physical reunification of minor children under 5 years of age with parents transported to ICE custody, provided the parent has been cleared for parentage and poses no danger to the child.

#3 Preparation of Children under Five Years of Age for Transportation

The Office of Refugee Resettlement (ORR) will coordinate transportation of minor children under the age of five for reunification purposes. Children will be transported under supervision and their possessions will be brought with them to ICE custody.

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