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What’s new in immigration? Texas Judge Blocks Biden’s 100-day pause on deportations, USCIS Extends Flexibility for Responses to RFEs, NOIDs, and more

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with new immigration updates.


Texas Judge Blocks Bidens’ 100-day pause on deportations


First, let’s discuss some legal challenges the Biden administration is facing. Just last week, a federal judge from the state of Texas issued a nationwide temporary restraining order that temporarily stops the Biden administration from pursuing a 100-day pause on deportations.

As our readers will know, since his inauguration, President Biden has been busy dismantling anti-immigrant policies passed by his predecessor. Among the actions taken by President Biden has been placing a temporary 100-day pause on deportations for most undocumented immigrants with removal orders, except for those who have been suspected of committing acts of terrorism or espionage, and those who present a threat to national security.

The state of Texas took issue with the President’s actions and filed a lawsuit in the U.S. District Court for the Southern District of Texas, calling on the court to grant an injunction that would immediately stop the Biden administration from putting a pause on deportations.

The judge in the case, Drew B. Tipton, a Trump appointee, ultimately sided with the state of Texas finding that the state had met its burden of proof that it would suffer irreparable harm if Biden were to pause deportations. The judge agreed that Texas would be financially harmed given the added strain undocumented immigrants would have on Texas’ health care and education system.

Judge Tipton also found that President Biden’s actions violated the law and the Administrative Procedure Act which requires the government to provide adequate justification before enacting such a change in policy.

It is important to highlight that the judge has not yet ruled on the merits of the case, he has only ruled with respect to the state of Texas’ request for 14-day temporary restraining order. Arguments in the lawsuit will continue to be heard in the coming months regarding the legality of the President’s actions.

While the Biden administration plans to challenge the issuance of the restraining order, it will likely remain in place for the 14-day period. The judge will later decide whether the court should issue a preliminary injunction that will similarly block the Biden administration from pausing deportations while the lawsuit remains pending.


USCIS Extends Flexibility for Responding to Agency Requests


On January 28, 2021, USCIS once again extended its flexibility policy granting additional time to applicants who must respond to requests for evidence, notices of intent to deny, and such similar notices.

As before, due to the ongoing circumstances relating to COVID-19, USCIS will continue to provide flexibility in responding to certain deadline-oriented requests, provided the notice or decision requesting the additional evidence was issued between March 1, 2020 and March 31, 2021.


What types of documents will USCIS provide flexibility for?


Flexibility will be provided for the following:

  • Requests for Evidence
  • Continuations to Request Evidence (N-14)
  • Notices of Intent to Deny
  • Notices of Intent to Revoke
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers and
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion

When can I respond to my notice or decision?


USCIS will accept responses to any of the above notices or decisions if they are received within 60 calendar days after the response deadline set in the initial request or notice.

This will provide relief to individuals who need more time to acquire necessary documents requested by USCIS from offices and agencies that are currently closed due to COVID-19. Again, this 60 day extension only applies to notices received between March 1, 2020 and March 31, 2021.


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