March 24, 2020|Contributed by: Shana D. Velez
The Executive Office for Immigration Review has failed to enact any meaningful changes in light of the COVID-19 pandemic. While many other parts of the immigration system have made drastic changes to their operations (USCIS canceling all in-person interviews and swearing-in ceremonies and stopping biometrics appointments), EOIR has refused to halt all in-person hearings with […]
March 2, 2020|Contributed by: Aaron C. Hall, Esq.
On February 26, 2020, the Third Circuit Court of Appeals issued its decision in Guadalupe v. Attorney General of the United States, a case Petitioner brought seeking termination of his removal proceedings because DHS issued him a Notice to Appear (“NTA”) that was deficient for lack of a time, date, and place of his hearing. […]
February 27, 2020|Contributed by: Shana D. Velez
On February 26, the DOJ announced the creation of an official section focused on taking away citizenship from naturalized citizens who allegedly obtained citizenship illegally. Previous administrations had only focused on revoking citizenship from people who were convicted of terrorism, war crimes, human rights violations or sexual offenses. Denaturalization was a very rarely used mechanism […]
February 27, 2020|Contributed by: Zachary New
Data from USCIS over the last two years has demonstrated that two policies issued by the Department of Defense in the first quarter of Fiscal Year 2018 have dramatically reduced naturalizations through the military while massively increasing denial rates. As background, during a period of hostilities designated by the President, such as the War on […]
February 26, 2020|Contributed by: Jennifer Howard
On December 19, 2019, U.S. Immigration and Customs Enforcement (ICE) issued revised National Detention Standards (NDS) for certain “non-dedicated” facilities housing detained immigrants. This is the first time the standards have been updated since they were originally issued in September 2000 by ICE’s predecessor agency, Immigration and Naturalization Service (INS). At present, ICE uses the […]
January 30, 2020|Contributed by: Aaron C. Hall, Esq.
ICE recently released the 2019 National Detention Standards for Non-Dedicated Facilities, making significant changes to detention standards that had been in place for about two decades. The revisions lower oversight requirements and strip safeguards meant to ensure adequate medical care. One change that has gotten less attention is to the policy regarding detainee requests to […]
January 29, 2020|Contributed by: Shana D. Velez
On January 24, 2020, the regulations that govern B non-immigrant visas (tourist visas) were amended to specifically exclude travel for the “primary purpose of obtaining United States citizenship for a child by giving birth to the child in the United States.” The regulations now permit an overseas consular officer to deny a tourist visa to […]
January 27, 2020|Contributed by: Zachary New
On January 27, 2020, the U.S. Supreme Court in a 5-4 vote “stayed,” or effectively ended, the nationwide injunction barring the Government from implementing new public charge rules – rules which are meant to prevent the admission of certain immigrants who are or who are likely to become dependent on public benefits in the United […]
January 6, 2020|Contributed by: Zachary New
In line with the Trump administration’s mission to restrict eligibility for asylum, on Thursday, December 19, 2019, the Department of Homeland Security, home to Immigration and Customs Enforcement (ICE), and the Department of Justice, home to the immigration courts, issued a joint statement of proposed rulemaking, signaling the potential creation of new draconian restrictions on […]
January 2, 2020|Contributed by: Shana D. Velez
The Department of Health and Human Services, the agency that cares for unaccompanied minors who cross the border, has begun providing information to ICE to initiate removal proceedings for those individuals who do not qualify to sponsor children in HHS custody. Since the “Zero Tolerance” policy of the Trump Administration, HHS has increased scrutiny of […]
