Visa Lawyer Blog

Articles Posted in Immigration Raids

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In this blog post, we follow up on our previous reporting relating to a brand-new program launched by the Biden administration that will allow for the admission of up to 24,000 Venezuelans, closely following in the footsteps of the Uniting for Ukraine program.

Today, October 18, 2022, the U.S. Citizenship and Immigration Services updated its “Venezuela” webpage including all the details regarding this new program. Applications are currently being accepted by USCIS.

We break down the details for you down below.

What is this program all about?

USCIS has launched a new process that allows Venezuelan nationals and their immediate family members to come to the United States in a safe and orderly manner.

Like the Uniting for Ukraine program, nationals of Venezuela who are outside the United States and who lack U.S. entry documents will be considered for admission to the United States on a case-by-case basis.

Those who are found eligible, will receive advance authorization to travel to the United States and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

After being paroled into the United States, beneficiaries are eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with the required fee or apply for a fee waiver.

Using the same Form I-765 form, applicants can also apply for a Social Security number (SSN) by following the form instructions.

If you request an SSN in Part 2 (Items 13a-17.b) of your Form I-765, and your application is approved, USCIS will electronically transmit that data to the Social Security Administration (SSA), and SSA will assign you an SSN and issue you a Social Security card. SSA will mail your Social Security card directly to the address you provide on Form I-765.

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In the latest legal saga concerning the Deferred Action for Childhood Arrivals (DACA) program, a federal appeals court has declared the DACA program illegal, causing uncertainty for the future of the program.

Yesterday, the three-judge panel for the 5th Circuit Court of Appeals handed down a ruling in which it found that the Obama administration did not have the legal authority to create the DACA program in 2012. The Circuit Court ruling affirms a previous ruling handed down by U.S. District Court Judge Andrew Hanen of the Southern District of Texas which halted the Biden administration’s plans to revive the program last year.

While the panel declared the DACA program illegal, it stopped short of ordering the Biden administration to completely invalidate the program for those with existing DACA benefits, or those seeking to renew those benefits. For the time being, DACA policy remains intact for current beneficiaries, allowing U.S. Citizenship and Immigration Services (USCIS) to continue to accept and adjudicate renewal requests. However, USCIS is prohibited from approving initial applications for DACA, and accompanying requests for employment authorization.

What happens next?

The appeals court has sent the lawsuit back to U.S. District Judge Andrew Hanen, the same judge that previously ordered a nationwide injunction preventing the approval of new DACA applications. Judge Hanen will review the legality of the program under the Biden administration’s policy memorandum which includes revisions to the program.

Sadly, it is unlikely that Judge Hanen will rule in favor of the Biden administration which will likely result in a formal appeal sent to the United States Supreme Court, where chances of its survival hinge on a conservative leaning court. Judge Hanen previously found the program illegal because the government failed to follow the notice and comment periods required by the federal Administrative Procedures Act. In 2016, the Supreme Court deadlocked in a 4-4 decision over expanding DACA to parents of DACA recipients, keeping in place a lower court decision preventing its expansion.

The appellate court’s decision will have long-lasting repercussions, as it forces members of Congress to safeguard the future of the program by passing legislation to settle the matter once and for all. While the topic has been argued for the past decade on Capitol Hill, no meaningful steps have been taken to preserve the program and create a path to residency for Dreamers.

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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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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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New Zealand Now Eligible to Apply for E-1 and E-2 Investor Visas

Beginning June 10, 2019, New Zealand nationals can apply for the E visa categories thanks to the President’s enactment of the Knowledgeable Innovators and Worthy Investors (KIWI) Act. Applicants who are already in the United States on a valid non-immigrant visa may now apply for a change of status to an E visa.

The E visa does not provide a direct path to permanent residency, but it is a great option for individuals who wish to live and work in the United States with their families for a temporary period of time. There is no set limit on the maximum amount of time an individual may remain on the E visa, but applicants must intend to depart at the end of their period of authorized stay in the United States.

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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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