Articles Posted in Southwest Border

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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 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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I-751 Change to Filing Location

Today, Monday September 10, 2018, the United States Citizenship and Immigration Services announced a change to the filing location for Form I-751 Removal of Conditions. The agency is now directing petitioners to send Form I-751 to a USCIS Lockbox facility instead of directly to the California and Vermont service centers. California, Nebraska, Vermont, and Texas will distribute the load of removal of conditions applications and adjudicate these petitions accordingly. When filing at a Lockbox facility, the petitioner may pay the filing fee with a credit card using Form G-1450.

TPS Somalia

USCIS has automatically extended the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of Sept. 17, 2018, for 180 days, through March 16, 2019.

Somalian nationals whose EADs expired on March 17, 2017, and who have applied for a new EAD during the last re-registration period, but have not yet received their new EAD card, are covered by the automatic extension.

If your EAD is covered by this automatic extension, you may continue to use your existing EAD through March 16, 2019, as evidence that you are authorized to work.

To prove that you are authorized to continue working legally, you may show the following documentation to your employer:

  • Your TPS-related EAD with a Sept. 17, 2018 expiration date; or
  • Your TPS-related EAD with a March 17, 2017 expiration date and your EAD application receipt (Form I-797C, Notice of Action) that notes your application was received on or after January 17, 2017

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DHS Statement on Family Reunification

The Department of Homeland Security recently issued a statement outlining the administration’s four-point plan to reunite minor children separated from their parents at the border. Beginning July 10, 2018, HHS and DHS will coordinate the reunification of children under 5 years of age currently in the custody of HHS, with parents who are in DHS custody.

#1 Verification of Parental Relationship

The administration will first ensure that a parental relationship with the child has been verified before reunifying the child with his or her parent. In addition, the parent must undergo a background check to ensure that reunification will not compromise the safety and welfare of the child. If a parent is found unsuitable for reunification purposes, in the course of a background check, the child will not be reunified with the parent. Parents who are in the custody of the U.S. Marshall or in a state or county jail for other offenses may not be reunified with their child.

#2 Transportation of Parents to ICE custody

Parents separated from their children will be transported to ICE custody where they will be reunited with their parents. Beginning July 10, 2018, DHS will coordinate physical reunification of minor children under 5 years of age with parents transported to ICE custody, provided the parent has been cleared for parentage and poses no danger to the child.

#3 Preparation of Children under Five Years of Age for Transportation

The Office of Refugee Resettlement (ORR) will coordinate transportation of minor children under the age of five for reunification purposes. Children will be transported under supervision and their possessions will be brought with them to ICE custody.

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Return of Unselected Petitions for H-1B Applicants FY 2019 Begins

H-1B applicants who were not selected in the H-1B visa lottery for fiscal year 2019 will begin to receive their rejected applications from the Vermont Service Center and California Service Center. Our office expects to receive returned packages within the next few months. If you were not selected in the lottery, there are several alternatives that you may be interested in. To read all about these alternatives please read our helpful blog post here.

USCIS Adjustment of Status Filing Dates July 2018

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On Sunday night, a group of Republican Senators met to draft the Republican party’s version of the President’s immigration framework, in preparation for a floor debate that will take place Monday night on immigration. The Republican bill is one of many proposals that will be considered by the Senate as part of the ongoing immigration debate. The proposed bill, known as the Secure and Succeed Act of 2018, drafted by Republican Senators Chuck Grassley, John Cornyn, James Lankford, Thom Tillis, David Perdue, Tom Cotton, and Joni Ernst, mirrors the Trump administration’s immigration framework.

Over the next few weeks Senators will vigorously debate and amend proposals on immigration with the goal of coming up with a piece of legislation that can garner at least 60 votes in the Senate to advance to the House of Representatives. The process will involve a free-for-all debate on the Senate floor that will allow Senators to propose amendments, with the goal of coming up with a bipartisan solution to shield Dreamers from deportation.

The GOP currently has a 51-49 majority in the Senate, making it necessary for Republicans to obtain support from Democratic Senators to reach the 60-vote threshold. Republicans have a large enough majority in the House of Representatives that they do not need a single Democratic vote to pass desired legislation.

Path to Citizenship for Dreamers

The Republican proposal focuses on providing a 12-year path to citizenship for up to 1.8 million people including DACA eligible recipients. Undocumented immigrants currently enrolled in DACA would receive a 2-year credit allowing them to obtain citizenship within 10 years. The criteria to obtain citizenship would require an individual to have:

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This week the President of the United States delivered his much-anticipated State of the Union to unite the Democratic and Republican parties on a range of contentious issues still unresolved in Congress. One of those hot-button issues has been immigration. As you may recall the President has given Congress until March 5, 2018 to pass legislation protecting Dreamers from deportation.

Ahead of the President’s speech the White House unveiled an immigration framework thought to gain support from Democrats in Congress, however the Democratic response in the room to the President’s remarks on immigration was somber.

While the President’s speech focused largely on improving the economy and helping small American businesses, the President also touched on immigration. President Trump opened his remarks on immigration by calling for immigration policies that will put American workers and their families first.

To highlight the importance of border security and implementing tougher immigration policies the President recounted the tragic story of Kayla Cuevas and Nisa Mickens, two close friends that were brutally murdered by adolescent gang members of MS-13, who the President said took advantage of the country’s loopholes to gain entrance into the country as unaccompanied minors. The parents of Kayla and Nisa Mickens stood tearfully to receive applause from members of Congress in the room.  The President called on members of Congress to “close the deadly loopholes that have allowed MS-13 and other criminals” to enter into the country. The President touted that his administration has proposed new legislation to fix the country’s immigration laws and support ICE and Border Patrol Agents in their efforts to apprehend dangerous criminals.

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Credit: Mathia Swasik

On May 23, 2017, President Donald Trump unveiled his controversial budget proposal “A New Foundation for American Greatness” for FY 2018 which intends to make good on his promise to crack down on illegal immigration and apprehend undocumented immigrants with a criminal record. In a message accompanying his budget proposal, the President stated, “In these dangerous times, our increased attention to public safety and national security sends a clear message to the world — a message of American strength and resolve. It follows through on my promise to focus on keeping Americans safe, keeping terrorists out of our nation, and putting violent offenders behind bars.” To that end, the President has requested an additional $2.7 billion in funding to bolster border security and immigration enforcement measures. In addition to tightening the southern border, the budget proposal seeks to prevent undocumented immigrants from receiving tax credits by requiring individuals claiming child tax credits to provide a verifiable Social Security Number valid for employment purposes.

The budget also takes aim against “sanctuary cities” throughout the United States which serve as haven communities for undocumented immigrants. One of the proposals seeks to force local governments to cooperate with federal immigration authorities by detaining undocumented immigrants in local jails, and complying with orders from immigration officials to assist federal authorities in holding and detaining undocumented immigrants for removal. Noncompliance would result in withholding of federal grants.

Although federal law requires that local governments allow employees to share information about undocumented immigrants with federal officials, local governments are not required to assist federal law enforcement in the detention process, those that do, do so voluntarily. A provision in the President’s budget proposal attempts to change this by changing federal law to force local government to comply with federal requests to detain undocumented immigrants in local jails. As part of this provision, federal grants would be disseminated only to cities complying with federal authorities.

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