Articles Posted in Deportation & Removal

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Flickr: mollyktadams

House Democrats are making a move to help Dreamers achieve permanent residence. A new bill dubbed HR 6, the Dream and Promise Act, seeks to provide undocumented immigrants who came to the United States as children, the opportunity to obtain permanent residence. In addition, the bill includes a proposal that would allow certain types of immigrants fleeing war or natural disasters the opportunity to apply for permanent residence.

The Dream and Promise Act would cancel the removal (also known as “deportation”) of and grant conditional permanent resident (CPR) status to a person who is inadmissible or deportable from the U.S. if the person:

  • has been continuously physically present in the U.S. for at least four years before the date of the bill’s enactment;
  • entered the U.S. before turning 18;
  • (a) has been admitted to a college, university or other higher educational institution; or (b) has earned a high school diploma, GED, or equivalent post-secondary education credential; or (c) is enrolled in a secondary school or education program that assists students in obtaining a high school diploma, GED or similar state-authorized exam, certificate or credential from a career or technical school providing education at the secondary level,or in obtaining a recognized post-secondary credential;
  • provides biometric and biographic data, with alternative procedures available for those with physical impairments;
  • passes a background check;
  • registered for military selective service if required to;
  • pays a fee no greater than $495, though fee exemptions may apply;

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A new policy brief published by the American Immigration Lawyers Association (AILA) analyzing USCIS processing times reveals that the agency has reached “crisis” level delays in processing immigrant and non-immigrant petitions. These delays have worsened during the Trump administration.

According to the report the most vulnerable populations include immigrant families, domestic abuse survivors and their children, traumatized and threatened persons seeking humanitarian aid, and U.S. businesses.

Specifically, the report finds that USCIS data released for fiscal years 2014 through 2018 reveals that USCIS is failing to adjudicate cases in a reasonable and timely manner:

  • The overall average case processing time surged by 46 percent over the past two fiscal years and 91 percent since FY 2014.
  • USCIS processed 94 percent of its form types—from green cards for family members to visas for human trafficking victims to petitions for immigrant workers—more slowly in FY 2018 than in FY 2014.
  • Case processing times increased substantially in FY 2018 even as case receipt volume appeared to markedly decrease
  • Data revealed a “net backlog” exceeding 2.3 million delayed cases at the end of FY 2017
  • DHS identified a net backlog of 2,330,143 USCIS cases as of the end of FY 2017.7
  • DHS observed that USCIS’s “net backlog has been as high as 1.7 million in FY 2004 and 1.5 million in FY 2008”—suggesting that USCIS’s net backlog at the conclusion of FY 2017 was its highest on record
  • the FY 2017 net backlog more than doubled from 1,047,751 cases at the conclusion of FY 2016—despite only a four percent increase in case receipts during that one-year period

What is to blame?

According to the report the following decisions made under the Trump administration have exacerbated delays and slowed the level of immigration to the United States:

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A new report released by CBS news estimates that the immigration court system could face a staggering backlog of more than one million cases, if the government shutdown extends into February and March.

According to the report, Minnesota, Pennsylvania, and Kentucky in particular will be the most affected, owing to a surge of Central American immigration that has caused significant backlogs in these state’ systems.

The government shutdown has now entered its 30th day, with no end in sight. Immigration judges have been forced to postpone hundreds of hearing that had been scheduled months or even years in advance. The only cases that have not been impacted by the shutdown are those of detained immigration seekers. All other non-detained individuals have had their hearings cancelled.

This evening the President of the United States delivered his first primetime address from the Oval Office to gain support from the American people to build a border wall along the U.S./Mexico border.

The President’s speech comes 17 days into a partial government shutdown that has left thousands of federal government employees without a paycheck.

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The government shutdown has now entered its 13th day with no agreement in sight between the President and lawmakers to settle government funding for the President’s wall along the U.S./Mexico border.

Today, January 3, 2019, the President awoke to a newly convened House of Representatives, now controlled by the Democratic party. The Speaker of the House, Nancy Pelosi, is now seeking to pass legislation to re-open the government but will be unable to do so without support from the Republican-led Senate.

Republican Senate Majority Leader Mitch McConnell stated that the Senate would not vote to pass any legislation that did not concede to the President’s demands to fund the wall.

The President tweeted Wednesday evening his willingness to continue talks with Democrats “to pass a bill that secures our borders, supports the agents and officers on the ground, and keeps America safe.”

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Photo credit: Scott Kirkwood/NPCA

Today marks the fifth day of a partial government shutdown that began on Saturday. The government was forced into a shutdown after Democrats refused to concede $5 billion dollars to fund the President’s wall along the southwest border.

Since then, Democratic leaders in the House and Senate have not opened negotiations to appease the President. If a resolution is not reached before the end of December, it is highly unlikely that the President will receive the money demanded to fund the border wall. When the new House of Representatives convenes after the holidays, the Democrats will command a majority in the House of Representatives, making it more difficult for the President to obtain the necessary funding.

The government shutdown will affect various government entities including the Department of Homeland Security and Department of Labor.

Here’s how it will affect immigration:

EB-5 Immigrant Investor Regional Center Program:

Without congressional authorization to continue the EB-5 Regional Center Program beyond December 21, 2018, USCIS will not accept new Forms I-924, Application for Regional Center Designation Under the Immigrant Investor Program. Any Form I-924 applications that are pending as of December 21, 2018, will be placed on hold until further notice.

Per the USCIS Website:

“We will continue to receive regional center-affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, after the close of business on Dec. 22, 2018. As of Dec. 22, 2018, we will put unadjudicated regional center-affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time.

All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date, will not be affected by the expiration of the program.”

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The House Proposes to Extend the E-3 Program to Irish Nationals

On November 20, 2018, the House of Representatives introduced H.R. 7164, a bill proposing to add Ireland to the E-3 nonimmigrant visa program. Currently, the E-3 visa program is available to American employers seeking to hire Australian nationals to perform services in a specialty occupation for a temporary period of time.

The E-3 visa program functions much like the H-1B program. The program is governed by the same labor certification standards that apply to the H-1B visa program, and much of the same evidence is required. The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually for Australian nationals.

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The immigrant caravan from Central America has now reached the Southwest border. Thousands of migrants are now waiting in Tijuana for an opportunity to apply for asylum at the San Ysidro and Otay Mesa ports of entry.

Over the Thanksgiving weekend, tensions begin to mount as members of the immigrant caravan rushed the border fence at the San Ysidro port of entry, attempting to enter the United States illegally. In response, U.S. Customs and Border Protection officers shut down both south and northbound traffic at the San Ysidro border crossing south of San Diego for approximately six hours.

The decision to close the San Ysidro port of entry during the holiday weekend was unprecedented considering that the San Ysidro port of entry is one of the busiest land border crossings in the world with 70,000 northbound vehicles and 20,000 northbound pedestrians seeking to cross each day. Many Americans were left stranded in Mexico waiting for the port of entry to re-open to re-enter the country after Thanksgiving.

The saga unfolded on November 25, 2018 when San Diego MTS suspended trolley services at the San Ysidro Transit Center due to increased tensions at the border. Passengers seeking to cross into Mexico were forced to transfer to bus routes traveling to the Otay Mesa border. In similar fashion, Caltrans San Diego announced several closures.

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Several weeks ago, the President signed an executive order preventing undocumented immigrants from applying for asylum.

On Monday, a federal judge from San Francisco issued a nationwide injunction, forcing the government to continue to accept asylum claims by undocumented immigrants, regardless of where or how they entered the United States. As a result, the President’s executive order will be suspended until a decision is reached by the court in the lawsuit East Bay Sanctuary Covenant et al., v. Donald J. Trump, et al.,

The President hoped that his executive order would curb illegal immigration at the Southern border, ahead of the arrival of a large immigrant caravan from Central America.

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Photo by bbcworldservice

U.S. Customs and Border Protection has recently announced that in anticipation of the migrant caravan, lane closures will begin on November 13, 2018 at the San Ysidro and Otay Mesa ports of entry.

At least three northbound vehicle lanes at San Ysidro and one lane at Otay Mesa will be closed. CBP will be installing pre-position port hardening infrastructure equipment to increase security in preparation for the arrival of the caravan.