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Visa Lawyer Blog

Articles Posted in ICE

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A new lawsuit filed in the Northern District of California now allows Freedom of Information Act (FOIA) applicants to challenge long standing delays in receiving their immigration records from the United States Citizenship and Immigration Services (USCIS).

The U.S. District Court has certified two class action lawsuits allowing FOIA applicants and attorneys requesting FOIA records on their behalf to join in the class action so that class members may receive timely determinations on their FOIA requests. This decision was made in response to significant delays that applicants face in obtaining their immigration records from the agency.

U.S. District Judge William Orrick who granted the class action request wrote in his order that delays in receiving immigration records are particularly precarious for, “Noncitizens in removal proceedings” who “particularly rely on FOIA requests because discovery is not available. Consequently, obtaining A-Files from defendants is critical in immigration cases; delays in obtaining A-Files leave noncitizen and their attorneys “in legal limbo” that inflicts substantial hardship.”

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Are you a small business owner?

What would you do if immigration agents came to your workplace?

You may have heard about the recent increase in immigration raids all over the United States. U.S. Immigration and Customs Enforcement (ICE) has been targeting undocumented immigrants not just at home but also at work. These raids have led to thousands of employees being arrested, some of them even deported.

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On August 20, 2019, Immigration and Customs Enforcement (ICE) announced “enhanced coordination” efforts to remove Guatemalan adults and families arriving at the border more quickly. These efforts have been implemented to discourage Central Americans from attempting to enter the United States illegally and to deter human smuggling.

Acting Associate Director of ICE ERO Timothy Robbins made the following statement regarding these enforcement actions, “Breaking U.S. laws by illegally entering the United States is an ineffective manner to petition to legally remain in the United States. Ultimately, if you have no basis to remain in the United States, you will be apprehended and returned to your home country.”

ICE has announced that since mid-July it has implemented a more streamlined process to expeditiously remove Guatemalans who have no basis to remain in the United States.

According to ICE, this process allows the US to repatriate these individuals, “without utilizing resources to house aliens or manage their cases while they await immigration or removal proceedings out of custody.”

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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 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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It is that time of the week again! In this post, we bring you the latest immigration news from USCIS.

Texas Service Center Will Begin Processing Certain Cap-Exempt H-1B Petitions

On May 20, 2019, USCIS announced that the Texas Service Center will begin processing certain cap-exempt H-1B petitions filed on Form I-129 Petition for Nonimmigrant Worker.

What types of petitions may be processed by the TSC?

Cap-exempt petitions requesting:

  • A change in previously approved employment;
  • A change of employer;
  • Concurrent employment;
  • Amendments;
  • A continuation of previously approved employment without change with the same employer;
  • A change of status to H-1B; or Notification to a U.S. Consulate or inspection facility (port of entry or pre-flight inspection).

Applicants must continue to refer to the direct filing address chart to determine where the I-129 Form should be filed. The workload for cap-exempt petitions will be distributed between the Texas Service Center, California Service Center, Vermont Service Center, and Nebraska Service Center to increase efficiency and prevent processing delays.

If your case is transferred, you will receive a transfer notice in the mail.

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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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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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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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