Visa Lawyer Blog

Articles Posted in Expedited Removal

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staff-6779620_1280We bring you this breaking news to inform our readers that the Trump administration has ordered U.S. Embassies and Consulates worldwide to begin the process of firing its staff members and has taken further actions to dramatically change the operations of the foreign service moving forward.

The U.S. foreign service is the diplomatic branch of the Department of State that is responsible for representing U.S. interests abroad. This includes the issuance of U.S. visas at U.S. Consulates and Embassies worldwide.

These changes have been made in response to President Trump’s executive order entitled, “One Voice for America’s Foreign Relations,” signed on February 12th.

The President’s executive order calls upon the Department of State headed by Marco Rubio to make dramatic changes to the way foreign U.S. Consulates and Embassies operate.

This includes making the following changes:

  • Consular officers and employees must faithfully implement the President’s foreign policies
  • Failure to implement the President’s agenda will be grounds for professional discipline, which may result in firing Consular personnel
  • The Secretary of State will change the foreign service to better align with the President’s foreign policy agenda
  • These reforms include making changes to the recruitment, performance, evaluation, and retention standards of foreign service employees including U.S. Consular officers
  • The Secretary of State will make revisions and replacements to the Foreign Affairs Manual (FAM). The Foreign Affairs Manual (FAM) is an authoritative source used by Consular officers when issuing U.S. visas at Consulates and Embassies worldwide
  • The Secretary of State will direct subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance which are used by Consular officials when issuing U.S. visas at posts worldwide

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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american-flag-2054414_1280This week President Trump unleashed a fresh barrage of executive orders targeting illegal immigration and antisemitism in the United States.

Executive Order Expanding Migration Operations at Guantánamo Bay

Among these orders, on January 29th the President signed, “Expanding Migration Operations Center at Naval Station Guantánamo Bay,” unveiling his administration’s plans to use a migrant holding facility at the U.S. naval base in Guantánamo Bay, Cuba, to house more than 30,000 migrants deported from the United States.

The White House has said the naval station will soon be operating at its full capacity to detain “high priority” criminal aliens unlawfully present in the United States, and to “address attendant immigration enforcement needs,” identified by the Department of Defense and the Department of Homeland Security.

Immigration advocates have questioned the optics of this decision due to Guantánamo Bay’s sordid history. Once a processing center for asylum seekers and HIV-positive refugees, it has been well known for its detainment of notorious terrorists and unlawful enemy combatants such as the 9/11 mastermind Khalid Sheikh Mohammed. This decision has raised alarm due to Guantanamo’s unfit conditions and frequent human rights violations reported to international human rights organizations.

Despite these criticisms, the White House has said that deported migrants held in Guantánamo will not be detained in the same U.S. military prison where foreign terrorists are being held. Instead, migrants will be placed in a separate holding facility previously used to detain migrants intercepted at sea.

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american-flag-3001893_1280We start the week with the unfortunate news that hundreds of visa applicants were turned away at the U.S. Embassy in Bogotá, Colombia, following a political dispute between President Donald Trump and Colombian President Gustavo Petro.

Tensions between the two heads of state came to a head on Sunday after President Trump wrote on his Truth Social account, “I was just informed that two repatriation flights from the United States, with a large number of Illegal Criminals, were not allowed to land in Colombia. This order was given by Colombia’s Socialist President Gustavo Petro…”

He added, “Petro’s denial of these flights has jeopardized the National Security and Public Safety of the United States, so I have directed my Administration to immediately take the following urgent and decisive retaliatory measures….”

Among these measures, President Trump vowed to:

  • Raise tariffs on all Colombian goods entering the United States
  • Enforce an immediate travel ban and visa revocations on all Colombian government officials, aliens, and supporters
  • Order visa sanctions on all party members, family members, and supporters of the Colombian government and
  • Enhance Customs and Border Protection (CBP) inspections of all Colombian nationals and cargo on “national security” grounds

Shortly thereafter, the U.S. Department of State and Customs and Border Protection (CBP) announced through their spokespersons that they would enforce the President’s orders by immediately ordering the suspension of visa issuance at the U.S. Embassy in Bogotá, Colombia.

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As the 2024 U.S. presidential elections draw nearer, Biden and Mexico’s President Andres Manual Lopez Obrador, have announced joint efforts to combat illegal border crossings.

The two leaders have said that their administrations will take steps to decrease illegal border crossings by ordering their national security teams to cooperate. While specific details were not disclosed, a government official has said that immigration enforcement actions may include a crackdown to prevent railways, buses, and airports from being used for illegal border crossings.

The issue of immigration will likely sway voting age Americans who believe President Biden has not done enough to prevent illegal immigration.

Under intense scrutiny and political pressure, the Biden administration has attempted to appease these voters by getting tougher on immigration. Recently, the Biden administration attempted to include restrictive immigration policies as part of a $95 billion foreign aid package for Ukraine, Israel, and Taiwan. Biden called the immigration reform measure the “strongest border security bill this country has ever seen.” If passed, the measure would have given him the authority to turn away migrants at the U.S. Mexico border.

Against political gridlock however, Congress blocked the inclusion of the measure from the bill. This has left the Biden administration to consider the possibility of executive action and internal policy decisions to ramp up its enforcement efforts.

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Welcome back to Visalawyerblog! In this post, we continue with our efforts to provide our readers with an overview of President Biden’s recent executive orders on immigration.

Last week, we discussed the major provisions of Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

In today’s blog post, we continue to break down President Biden’s new executive orders focusing specifically on, “Creating a Comprehensive Regional Framework to Address the Causes of Migration, Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border,” and what it means for you.

What is this Executive Order all about?

President Biden signed this executive order on February 2, 2021, to create a multi-pronged approach that will help the United States manage and address the root cause of mass migration from North and Central America.

President Biden plans to work with civil society, international organizations, and govenments in the region to create a strategy that will increase opportunities for vulnerable groups of immigrants to apply for asylum protection closer to home. With this order, his administration hopes to streamline the asylum process in these regions by expanding systems and resettlement capacity.

Among its provisions, the order will increase lawful pathways for vulnerable groups of people to immigrate to the United States, while strengthening our asylum system.

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In this post, we summarize all of the major and recent developments taken by USCIS, the Department of State, and the Department of Justice in response to the COVID-19 pandemic.

These developments directly impact immigration in significant ways that will be discussed in further detail below.

As this situation evolves, we will continue to update this post for your benefit. You may also read all of our COVID-19 related posts here.

USCIS Field Offices, ASCs, and Asylum Offices Temporary Closed to the Public

To combat the spread of the COVID 19 pandemic, on March 18th USCIS announced the temporary closure of field offices, application support centers, and asylum offices, to the public until at least May 3rd.

We suspect that this closure will be further extended given the current public health crisis we are experiencing nationwide.

Applicants who were scheduled to appear for an interview, biometrics, or asylum interview from March 18 to May 3rd will receive a notice in the mail regarding impacted services, as well as a notice rescheduling the appointment.

ASC appointments will be rescheduled once offices are re-opened to the public.

At this time, please continue to be patient and monitor your mail closely.

USCIS Field Office and Service Center Operations Continue

Although USCIS is closing field offices to the public, the agency has stated that office employees will continue to perform mission-essential services that do not require face-to-face contact with the public.

Furthermore, USCIS service centers and facilities continue to operate and will continue to adjudicate petitions filed nationwide.

USCIS Expands RFE/NOID/NOIR/NOIT/I-290B Deadlines

On March 30, 2020, USCIS announced that it will consider any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice before any action is taken by USCIS.

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The Trump administration is in full gear to expedite the removal of hundreds of asylum seekers, most of which are arriving from Central America.

As early as October of 2019, the Washington Post made public the existence of a confidential pilot program coordinated by the Department of Homeland Security and Department of Justice designed to swiftly deport asylum-seekers within a matter of days.

Under the program, Prompt Asylum Claim Review, the government would take a maximum period of 10 days to consider applications for asylum from individuals arriving at the U.S./Mexico border. Those denied would be swiftly removed from the country and returned to their homeland.

As a result, asylum determinations that usually take years to be made, will now be made in a matter of days.

It is easy to see how this type of accelerated removal from the country raises serious due process concerns and delegitimizes the complex asylum process.

A recent lawsuit filed by the American Civil Liberties Union against the Department of Homeland Security reveals that asylum seekers placed in this program are given only one window of approximately 30 minutes to one hour to call family members or retain counsel, and even where detainees have successfully retained counsel, CBP has denied attorneys physical access to speak to detainees, prohibited in-person meetings, and telephonic access. Where attorneys have tried to reach clients before their credible fear interviews, or hearings before an immigration judge, CBP has forced a detainee to proceed without opportunity to counsel with their attorney.

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prison-370112_1920
In its latest attempt to limit the entry of asylum seekers to the United States, the Trump administration has published a new proposal in the Federal Register entitled, “Procedures for Asylum and Bars to Asylum Eligibility,” adding minor crimes to the list of offenses that would bar individuals from obtaining asylum.

The proposal primarily seeks to establish additional bars on eligibility for asylum seekers who have committed certain offenses in the United States after entering the country, including minor offenses. Offenses which have been committed in a foreign country will not be counted. Therefore, the proposal targets asylum seekers who were once present in the United States, now returning to the United States seeking asylum protection, or asylum seekers waiting for a decision on a pending asylum case in the United States who have committed an offense after entering the country.

Under this new proposal, the ineligibility bar would apply to the following individuals:

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