In a ruling that may help to diminish the fears of some undocumented individuals seeking aid in the aftermath of Hurricane Harvey, U.S. District Court Judge Orlando Garcia enjoined some key provisions of Texas’ anti-sanctuary law, S.B. 4. City of El Cenizo v. Texas and Texas v. Travis County, Civil No. SA-17-CV-404-OLG. The law was to become effective on September 1. The Judge found that there were possible preemption issues, as well as First Amendment violations.
Articles Discussing General Topics In Employing Immigrants.
Impact of the Trump Administration’s Decision to End DACA
On September 5, 2017, the Trump administration announced that it would formally end the DACA program. The Deferred Action for Childhood Arrivals (DACA) program, which commenced five years ago, protects certain undocumented immigrants brought to the United States as children from deportation and allows them to receive employment authorization. DACA is set to expire on March 5, 2018, and President Trump requested that Congress replace this policy with new legislation prior to DACA’s expiration. If Congress is unable to enact new legislation to protect this program, DACA will terminate, impacting over 800,000 individuals currently covered by this program.
Trump to End DACA Program?
Indications are that President Donald Trump likely will end the DACA (Deferred Action for Childhood Arrivals) program while signaling the Administration’s willingness to work with Congress on an alternative program. Vice President Mike Pence, speaking in Texas, noted, “President Trump has said all along that he’s giving very careful consideration to that issue and that when he makes it he’ll make it with, as he likes to say, ‘big heart’.”
New Interview Mandate for Employment-Based Adjustment of Status Applicants
On August 28, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it will begin requiring in-person interviews for certain applicants who apply for permanent residence. Effective October 1, 2017, USCIS will begin phasing in interviews for the following categories:
Expansion of Interview Requirement for Green Card Applicants, and Rumors of Change in Travel Authorization for Green Card Applicants
U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of mandatory in-person interviewing of applicants for lawful permanent residence. In its public announcement, USCIS notes that this change complies with the March 6, 2017 Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” That order also imposed the travel ban against all refugees and against nationals of six Muslim-majority countries.
Federal Immigration Resources Assisting in Hurricane Response in Texas
U.S. Customs and Border Protection (CBP) is deploying staff and equipment for search and rescue efforts and to work at local, state, and federal emergency operations centers in Texas in response to Hurricane Harvey.
Insights: Expediting H-1B Petitions
While unusual, the government has suspended expedited or premium processing for H-1B cases from time to time. In years past, in response to the filing of Cap cases, the start of the 15-day adjudication clock was delayed. There also have been suspensions in other situations when the USCIS anticipated increased caseloads, such as when EADs first became available for certain H-1B spouses.
The RAISE Act Unveiled
On August 2, 2017, President Trump unveiled the revised RAISE (Reforming American Immigration for Strong Employment) Act, previously introduced by Senators Tom Cotton (R-AR) and David Perdue (R-GA) in February 2017. The revised RAISE Act would reduce legal immigration to the United States to 500,000 individuals annually by reprioritizing worker skills over family relationships. In essence, the bill would create new parameters for obtaining a green card for U.S. company employees and decrease family immigration numbers. Specifically, the RAISE Act would:
Evidence of Immigration Status Blocked by Courts
Could barring evidence in court of undocumented workers’ immigration status actually prevent employers from hiring illegal immigrants? It could, according to one Illinois district court judge.
State Department Guidance to U.S. Diplomatic Posts on Information Sharing Standards
President Donald Trump’s March 6th revised Executive Order directs the Secretaries of State and Homeland Security, the Attorney General, and the Director of National Intelligence to review information sharing and develop uniform screening and vetting standards and procedures for visas and other immigration benefits. In June, the Ninth Circuit Court of Appeals held this review could proceed, and the State Department issued its first guidance to all U.S. diplomatic posts on July 12, 2017. Eventually, there will be lists of countries that meet and not meet the new standards.
Emails from clientverification@state.gov Are Legitimate
Emails from clientverification@state.gov are legitimate, the Department of State Visa Office has confirmed to the American Immigration Lawyers Association (AILA).
India-Based Infosys Plans to Hire Thousands of U.S. Workers for New U.S. Locations
Amid criticism of outsourcing firms, at least one large Indian outsourcing company is planning to hire 10,000 U.S. workers over the next two years. Infosys CEO Vishal Sikka announced the company will open four technology and innovation hubs in the U.S. “focusing on cutting-edge technology areas, including artificial intelligence, machine learning, user experience, emerging digital technologies, cloud, and big data.”
U.S. Supreme Court Partially Lifts Injunction on President Trump’s March Executive Order on Immigration Policy
On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”). The Order suspends unrestricted entry into the United States for nationals of six countries: Iran Libya, Somalia, Sudan, Syria, and Yemen for 90 days. The Order, which would have become effective as of March 16, 2017, was suspended on March 15, 2017 after a federal court in Hawaii issued a nationwide temporary restraining order against its implementation. On that same day, a federal court in Maryland published a decision to block the Order’s 90-day suspension.? The U.S. Department of Justice (DOJ) appealed both decisions to SCOTUS and SCOTUS has agreed to hear both of the appeals, consolidating the cases for argument.
Trump’s Cuba Policy Reverses Course Set by Obama
Simpler and less expensive travel to Cuba by Americans is apparently short-lived, as more difficult and costly travel to the island nation appears forthcoming.
HHS Rescinds Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)
On June 15, 2017, the Secretary of Homeland Security announced that it was rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). DAPA provided a path for undocumented parents of children who are U.S. citizens or lawful permanent residents to be considered for deferred action if they met several guidelines. DAPA would have granted these parents deferred action for a period of three years, subject to renewal. They would have also been eligible for work authorization.