The UK Supreme Court Blocks Rwanda Deportation Policy as Violating Refugee Protections

In a widely anticipated ruling, the UK Supreme Court has blocked the government’s controversial policy to deport some asylum seekers to Rwanda. The ruling centered around the principle of “non-refoulement,” a cornerstone of international law aimed at preventing the deportation of individuals to countries where they face the risk of persecution or irreparable harm.[1] The decision not only scrutinized the specific case but also delved into the logistical challenges posed by the Rwandan asylum system. The Court found that the policy carried substantial risks of improper asylum procedures and indirect refoulement in Rwanda, violating the fundamental principle of non-refoulement under international and domestic law. The policy, agreed between the UK […]

New Edition of Form I-589 And Changes to Supporting Documentation, Requirements and Filing

Filing new edition of the Form I-589 Applicants NO LONGER NEED to submit:

o a passport-style photo,
o multiple copies of the form,
o multiple copies of the supporting documentation.

Prosecutorial Discretion Request: Questions and Answers

Under U.S. immigration law, Prosecutorial Discretion (PD) refers to the power that U.S. immigration agencies (ICE, as well as U.S. Citizenship and Immigration Services or USCIS, and Customs and Border Protection (CBP)) to decide where to focus its resources and whether or how to enforce the law against an individual. In practice, PD allows DHS attorneys to decide which cases to focus on and how they want to proceed in individual cases, such as agreeing to remove a case from the immigration court docket through dismissal or administrative closure, or agreeing to stipulations on issues such as relief, bond, or continuances. PD is authority, exercised by the Office of the Principal Legal Advisor, on a case-by-case basis, and does not create a right or entitlement for any noncitizen.

Temporary Protected Status for Haiti and Burma

Haiti and Burma were recently designated for 18-month Temporary Protected Status (TPS) by the US Department of Homeland Security. This 18-month TPS designation allows Haitian nationals living in the US as of May 21, 2021, and Burmese nationals living in the US as of March 11, 2021, to file initial or renewal applications for TPS. This TPS designation is also applicable to individuals without nationality who last resided in either Haiti or Burma. According to the Secretary of Homeland Security, Alejandro N. Mayorkas, the current situation in Haiti, including a political crisis, social unrest, “an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated […]

The Biden administration immigration policy changes

The United States President Joe Biden signed executive orders after being sworn in as President of the United States. He has brought few Immigration Policy Changes. The executive order reverses a policy adopted earlier by President Donald Trump: • Revocation of the Muslim and African travel bans. Read this Fact Sheet on the impact of the changes. • 100-day pause on deportations and rescission of the February 2017 Trump order announcing all-out enforcement without any prioritization • Declaration of the end of the “national emergency” at the southern border • Halt in border wall construction • Preservation of and plans to “fortify” the DACA initiative • Suspension of new enrollments […]

President Biden’s Proposed Bill on Immigration Reform

President Biden has sent an immigration bill to Congress that Senator Menendez (D-NJ) and Congresswoman Sánchez (D-CA) will sponsor. Here are main points of the Bill: • Legalization and path to citizenship for unauthorized immigrants o Dreamers, TPS recipients, and farmworkers will qualify for green cards immediately and can apply for citizenship after three years. o All other unauthorized immigrants will receive a conditional status, including employment authorization, for five years, following which they can apply for citizenship after another three years, assuming they qualify. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may […]

The new Asylum based Employment Authorization Document (EAD) Rules

On August 21, 2020, USCIIS put in effect a new rules which changed among other things, the EAD clock for asylum seekers. The rules increased waiting time from 150 days to 365 for an asylum applicant to be eligible to apply for an initial EAD. The rules apply to those who applied for asylum on or after March 28, 2020. The new rules will: • Increase the waiting time from 150 days to 365 days for an asylum applicant to be eligible to apply for an initial EAD. This will apply to any asylum seeker who has not accrued 150 days on their “clock” before August 25. The new rule […]

Trump Administration Expands Ban on Legal Immigration and Restricts Employment Authorization for Asylum Seekers

President Trump issued a proclamation continuing Proclamation 10014 of April 22, 2020, and suspending and limiting the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas: (a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual; (b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and (c) an L visa, and any individual accompanying or following to join such individual. The proclamation shall apply only to any individual who: (i) is outside the […]

The Future of H-1B

The future of H-1B in limbo as many changes are being implemented by the Department of Homeland Security The H-1B allows skilled foreign workers who hold at least a bachelor’s degree to be hired by U.S. employers in a “specialty occupation.” The maximum validity of the H-1B visa is 6 years and it is issued in three (3) year increment. The regulations allocate a total of 85,000 visas per fiscal year, including 20,000 allocated to foreign workers with a U.S. Master’s degree. Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) agency receives more petitions than there are available visas. For example, in the 2019 fiscal year, USCIS received 190,098 […]

Plan to Extend TPS Benefits

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The Government Outlines Its Plan to Extend TPS Benefits Under Court Order Written by  Aaron Reichlin, Courtesy of  American Immigration Council, Immigration Impact In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua, and Sudan. After weeks of negotiation with the ACLU, which brought the lawsuit, the government has now come forward with a plan to put that decision in action while the case is on appeal. The government’s plan, published Tuesday night, provides crucial breathing room for TPS holders whose status was set to expire soon. Under the government’s plan, […]

USCIS Issues More Deportation Notices

National Interest Waiver

USCIS Begins Implementing Plan to Issue More Deportation Notices Written by Aaron Reichlin-Melnick  of American Immigration Council U.S. Citizenship and Immigration Services (USCIS) issued guidance to its officers in June instructing them to initiate deportation proceedings for certain applicants who were denied immigration benefits. At the same time, the agency put the guidance on hold and solicited comments from the public. On Monday, October 2, 2018,  the guidance went into full effect, putting thousands of applicants at risk of deportation. USCIS’s new policy will lead the agency to issue “Notices to Appear” (NTAs), documents which formally initiate removal proceedings against a noncitizen, whenever the agency denies an applicant with no […]