Articles Posted in Deportation & Removal

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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.

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On November 9, 2018, the President unveiled a new executive order, this time targeting asylum seekers from Central America.

Over the last few weeks, a large caravan of immigrants from Central America, bound for the United States, has made headlines. In a recent campaign ad, the Trump administration depicted individuals forming part of the immigrant caravan as criminals and violent gang members.

The President has not shied away from commenting on the caravan. In an October tweet, when news first spread of the caravan, the President said, “In addition to stopping all payments to these countries, which seem to have almost no control over their population, I must, in the strongest of terms, ask Mexico to stop this onslaught—and if unable to do so I will call up the U.S. Military and CLOSE OUR SOUTHERN BORDER!”

Trump is now delivering on his promise. Trump has now signed an executive order to temporarily suspend the entry of certain aliens entering through the southern border.

The executive order reads:

Under this suspension, aliens entering through the southern border, even those without proper documentation, may, consistent with this proclamation, avail themselves of our asylum system, provided that they properly present themselves for inspection at a port of entry.  In anticipation of a large group of aliens arriving in the coming weeks, I am directing the Secretary of Homeland Security to commit additional resources to support our ports of entry at the southern border to assist in processing those aliens — and all others arriving at our ports of entry — as efficiently as possible.

But aliens who enter the United States unlawfully through the southern border …. will be ineligible to be granted asylum …. Those aliens may, however, still seek other forms of protection from persecution or torture.

Who does the Executive Order apply to:

Aliens who enter the United States across the international boundary between the United States and Mexico after November 9, 2018. The suspension will expire 90 days after November 9, 2018, or the date on which an agreement permits the United States to remove aliens to Mexico.

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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 of the University of California v. the United States Department of Homeland Security, the judges of the Ninth Circuit Court of Appeals, were ultimately convinced that the government’s decision to rescind the DACA program, “was motivated by unconstitutional racial animus in violation of the Equal Protection component of the Fifth Amendment.”

The Court further decided to leave a preliminary injunction in place to give the district court an opportunity to consider whether the Plaintiffs are likely to succeed on the merits of their Equal Protection claim against the government.

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In response to a court ordered preliminary injunction, that blocked the government’s plans to end the temporary protected status (TPS) of immigrants from El Salvador, Sudan, Haiti, and Nicaragua, the government has outlined a detailed plan to comply with the judge’s order.

As previously reported, U.S. District Judge Edward Chen issued a preliminary injunction temporarily stopping the United States government from rescinding the temporary protected status designation for immigrants from Sudan, El Salvador, Haiti, and Nicaragua.

Before the preliminary injunction the TPS designations would officially terminate as follows:

  • Sudan, TPS Designation was to terminate on November 2, 2018
  • Nicaragua, TPS Designation was to terminate on January 5, 2019
  • Haiti, TPS Designation was to terminate on July 22, 2019
  • El Salvador, TPS Designation was to terminate on September 9, 2019

To comply with the court order, USCIS has notified the court that the agency will be publishing a notice in the Federal Register, announcing that the TPS designations for Sudan, Haiti, El Salvador, and Nicaragua will remain in effect as long as the preliminary injunction remains in effect pending the resolution of the case. The Department of Homeland Security will continue to recognize the validity of TPS-related Employment Authorization Documents (EADs), Form I-94 Arrival and Departure Records, and Forms I-797 Notices of Action otherwise known as Approval Notices, to demonstrate the lawful status sand employment authorization of affected TPS beneficiaries.

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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 is reporting that President Trump is gearing up to invoke his executive power to prevent Central American migrants from applying for asylum at the Southwest border. Such a move would trigger constitutional challenges in federal court. However, as we know, the President and his administration have not shied away from controversy.

The President is eager to present his agenda to boost his approval ratings and encourage Republican voters to support GOP candidates in battleground states.

Earlier this month the President expressed his sentiments regarding an immigrant caravan consisting of more than 7,000 Central American migrants’ intent on reaching the U.S. border.

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After President Trump threatened to cut American funding to the country of Honduras, if the government did not stop an immigrant caravan from making its way to the United States, both the Honduran and Mexican governments acted immediately in a concerted effort to stop the caravan from reaching the southwest border.

The message was sent to the Honduran government via the President’s favor mode of communication; Twitter, “If the large Caravan of people heading to the U.S. is not stopped and brought back to Honduras, no more money or aid will be given to Honduras, effective immediately!” tweeted the President.

Every fiscal year, the United States government sends millions in aid to the Honduran government. In fiscal year 2019, the United States plans to send Honduras $66 million in aid.

Following the president’s tweet, Guatemalan officials swiftly arrested the leader of the caravan and began the process of returning him to Honduras.

Mexican police have been deployed to the southern border ahead of the caravan’s arrival. It is estimated that approximately 1,500 Hondurans, including parents and toddlers, form part of the caravan.  Honduran officials have so far been unable to stop the caravan from crossing the border into Guatemala, where they will continue their long and perilous journey through Mexico and finally to the United States.

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On September 7, 2018, the government published a notice of proposed rule making in the federal register, entitled, “Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children.”

The proposed rule seeks to amend existing regulations relating to the apprehension, processing, care, custody, and release of alien juveniles in custody.

If the proposed rule is enforced, it will replace the Flores Settlement Agreement reached in 2001 in response to the class-action lawsuit Flores v. Reno. The Flores Settlement Agreement allows detained children the right to a bond hearing and affords them several important protections including:

  • the right to be represented by counsel;
  • the right to have detention assessed by an independent immigration judge, outside of the Office of Refugee Resettlement system;
  • the right to present evidence;
  • the right to examine and rebut the government’s evidence;
  • the right to build a record regarding their custody.

If the government has its way, children in detention will be stripped of these rights.

The government states that consistent with the Flores Settlement Agreement, the proposed rule would ensure that juveniles in government custody are treated with dignity and respect, with a special concern for the vulnerability of minors in custody.

The rule would create an “alternative” to the existing licensed program requirement for family residential centers, including the ability to detain family units together during the entirety of their immigration proceedings.

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