Articles Posted in Deportation & Removal

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USCIS will be publishing a final rule on August 14, 2019, in the Federal Register, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.

The Immigration and Nationality Act makes inadmissible and therefore (1) ineligible for a visa, (2) ineligible for admission and (3) ineligible for adjustment of status, any alien who, in the opinion of the DHS is likely at any time to become a public charge.

The process of determining whether an alien is likely to become a public charge is called a “public charge determination.”

Receipt of certain public benefits leads to a “public charge determination” meaning that the applicant is ineligible to receive the benefit they are requesting (such as permanent residence) based on the fact that they are likely to become a public charge to the United States government.

What is a public charge?

A person is a “public charge” if they are primarily dependent on the Government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at Government expense.

The final rule expands the scope of this definition by making a public charge any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.

Under the final rule announced today, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:

Reliance on or receipt of non-cash benefits such as:

  • Cash benefits for income maintenance
  • SNAP (food stamps)
  • Section 8 Housing Assistance under the Housing Choice Voucher (HCV) Program
  • Section 8 Project-Based Rental Assistance, and
  • certain other forms of subsidized housing.

In addition, the government will continue to take into consideration the following types of benefits:

  • Temporary Assistance for Needy Families (TANF)
  • Supplemental Security Income (SSI)
  • Medicaid

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USCIS International Field Offices

On August 9, 2019, USCIS announced its plans to maintain seven international field offices open in Beijing, Guangzhou, Nairobi, New Delhi, Guatemala City, Mexico City, and San Salvador.

As previously reported, all other USCIS international field offices will close between now and August 2020.

Functions performed at closing international offices will be handled domestically or by USCIS domestic staff on temporary assignments abroad. In addition, the Department of State (DOS) will assume responsibility for certain in-person services that USCIS currently provides at international field offices.

In addition to issuing visas to foreign nationals who are abroad, DOS already performs many of these service functions where USCIS does not have an office.

Targeted Immigration Raids

As our readers may be aware, U.S. Immigration and Customs Enforcement (ICE) has been conducting targeted immigration raids (Enforcement and Removal Operations) to remove undocumented immigrants from the United States.

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Photo: Christian Leo Seno
Flickr

The United States Supreme Court has announced that it will decide the fate of DACA, Deferred Action for Childhood Arrivals, during its next term, beginning in October, with a decision likely to be handed down by the Court in early 2020.

The Court’s decision to take up the issue of DACA will take place during a highly contentious political climate as Americans prepare to vote in the 2020 Presidential election.

Adding to the great divide among Americans about the future of DACA, is the Supreme Court’s current ideological split. At the moment, the Supreme Court is evenly split with 4 liberal justices and 4 conservative justices. Justice Alito, the “swing” voter is likely to cast the decisive vote.

As constitutional history has suggested, DACA is likely to find support among the liberal justices on the bench including Ginsburg, Sotomayor, Kagan, and Breyer, while finding opposition from Justices Thomas, Alito, Gorsuch, Kavanaugh, and Chief Justice Roberts.

This will not be the first time the Supreme Court hears a case involving the constitutionality of the DACA program.

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Today, July 16, 2019, the Department of Homeland Security and Department of Justice issued a joint interim Final Rule that has been published in the Federal Register and is effective immediately.

The interim Final Rule aims to place additional restrictions on the asylum application process and limit the eligibility of individuals seeking to apply for asylum.

What is the Rule about?

The Departments of Justice and Homeland Security are revising 8 C.F.R. § 208.13(c) and 8 C.F.R. § 1208.13(c) to add a new bar to eligibility for asylum for an alien who enters or attempts to enter the United States across the southern border, but who did not apply for protection from persecution or torture where it was available in at least one third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States.

In a Nutshell:

With the passage of this rule, applicants for asylum who enter or attempt to enter the United States across the southern border, without having applied for protection in a third country outside their country of citizenship, nationality, or last lawful habitual residence, will not be eligible for asylum.

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Immigration Raids Cancelled for Two Weeks

In a new turn of events, President Trump announced on Saturday, June 22, 2019, that he would delay the immigration raids that were set to begin on June 23, 2019, for a period of two weeks to give Congress more time to make changes to existing asylum law.

On the eve of the immigration raids, the Speaker of the House, Nancy Pelosi brokered a deal in which she asked the President to cancel the planned immigration raids. On Saturday the President tweeted that at the request of the Democrats, the raids would be pushed back for two weeks giving both parties time to roll out proposals regarding immigration reform.

For the time being the immigration raids will not be going forward as originally planned.

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Digitized FOIA System

USCIS has announced that its FOIA System is now digitized. Users will now be able to submit, track, and receive FOIA requests digitally. This is great news because this option will speed up the process of requesting a FOIA and also speed up the form of delivery. Previously, applicants were required to submit a request by mail and would receive the results of the FOIA request by mail in compact disc form. Now, applicants will be able to access their documents digitally.

Applicants will simply need to create a USCIS online account to take advantage of this new and improved system.

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Photo by Fibonacci Blue

During a recent campaign rally to gain support for his re-election bid, the President promised to deport “millions of illegal aliens” from the United States.

A Trump administration official recently confirmed that ICE will be conducting raids to remove undocumented immigrants who have been issued final deportation orders and continue to remain in the United States, as early as Sunday.

The media is reporting that these immigration raids will take place in several major U.S. cities including Miami, Atlanta, Chicago, Baltimore, Denver, Houston, Los Angeles, New Orleans, New York City, and San Francisco.

The operation will target the following individuals:

  • Undocumented Minors who came to the U.S. without their parents and have since turned 18;
  • Undocumented immigrants who were ordered removed in absentia; and
  • Undocumented immigrants who missed an immigration court hearing and did not respond to letters mailed to their homes by the Department of Justice

The Los Angeles Police Department released a statement Friday informing the public that the LAPD is aware of upcoming ICE actions “beginning this Sunday,” that would be directed toward individuals who have been issued final deportation orders. LAPD Chief Michel Moore told reporters Friday that ICE has 140 targets in the Los Angeles area.

The LAPD’s statement provides, “The Department is not participating or assisting in any of these enforcement actions. The Department has reached out to various community stakeholders regarding the reported ICE enforcement actions, reiterating that members of this Department will not be participating. We are committed to protecting the public through meaningful relationship building and community partnerships.”

What Should You Do During an Immigration Raid?

It’s important to realize that when immigration raids take place, ICE agents often break the law, and may violate your due process rights, especially when you don’t have a firm understanding of the law and believe that you have no rights as an undocumented person.

Be prepared and informed of your rights BEFORE an immigration raid takes place or before going through an immigration checkpoint.

Schedule a consultation with our office to discuss your rights and come up with a plan on what you should and should not do during an immigration raid.

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Photo: Molly Adams

On June 5, 2019, the House of Representatives unified to pass H.R. 6 better known as the American Dream and Promise Act of 2019, offering Dreamers who meet certain requirements, a path to citizenship.

The bill must still pass through the Senate to become law.

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Ken Cuccinelli Photo by Gage Skidmore
Source: Flickr

New developments in the world of immigration have just emerged. The director of the United States Citizenship and Immigration Services (USCIS), L. Francis Cissna, has been forced to resign.

Cissna has served under the Trump administration since October 2017. During his tenure, Cissna oversaw major policy changes within the agency, including the President’s travel ban, the court’s rebuke of the travel ban, the termination of the DACA program, and the Trump administration’s efforts to limit asylum processing for Central Americans.

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On August 8, 2018, DHS issued a policy memorandum directing USCIS to change the way in which the agency counted the days of unlawful presence for F, M, and J status violators.

Under that policy memorandum, F, M, and J nonimmigrants who accrued more than 180 days of unlawful presence during a single stay, and then departed the United States, would trigger either a 3- or 10-year bar to admission depending on the period of unlawful presence accrued in the United States prior to departure. The new policy would begin counting the days of unlawful presence the day after an F, M, or J status violation, unless an exception applied.

These bars would prevent the foreign national from applying for an immigration benefit in the future, without the approval of a waiver of inadmissibility.

This policy was to become effective on August 9, 2018; however, it quickly grew controversial and inspired a slew of lawsuits. Prior to this attempted policy change, USCIS did not begin counting a period of unlawful presence until a USCIS immigration official or immigration judge made a formal finding of a status violation.

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The White House recently issued a Presidential Memorandum to strengthen asylum procedures and safeguard the asylum system against fraud.

The Presidential Proclamation specifically orders the Attorney General and Secretary of Homeland Security to take several measures to enhance the security of the asylum system by July 28, 2019.

These measures require the Attorney General and Secretary of Homeland Security to enact proposals and/or regulations that would: