Insight, News, and Strategy on Immigration Matters Around the World
The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.
Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed…
In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful permanent resident even if they entered the United States unlawfully – the Court held that it does not.
Previously, courts…
The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese TPS, which the Secretary of DHS announced in March 2021, but had not yet issued implementing instructions.
Based on pending litigation,…
The Social Security Administration (SSA) has stated that it has discontinued mailing No-Match letters (also known as EDCOR notifications) to employers.
SSA stated that it plans to focus instead on making it easier for employers to fix errors electronically through its Business Services Online Portal.
Immigration advocates and many employers welcomed the announcement, particularly as…
The entry of nonimmigrants who were physically present in India during the 14-day period preceding their attempted entry will be suspended beginning 12:01 a.m. EDT on May 4, 2021, according to President Joe Biden’s April 30 proclamation on risk of transmitting COVID-19. Anyone on a flight that departed for the United States prior to that…
White House Press Secretary Jen Psaki announced today that based upon CDC advice, India will be added to the list of countries subject to the 14-day travel restriction rule. It is reported that the new rule will go into effect on Tuesday, May 4, 2021 at 12:01 am and that airlines and Congress have already…
The U.S. Supreme Court has heard oral argument on whether individuals who initially entered the United States without permission and subsequently were granted Temporary Protected Status (TPS) are eligible to adjust to lawful-permanent-resident status without leaving the United States. Sanchez v. Mayorkas, No. 20-315. If the individuals must leave the United States, they can…
ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement.
With this extension, ICE specifically noted that employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions will be exempt from the…
A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for relief, the U.S. Supreme Court has ruled in a 5-3 opinion (Justice Amy Coney Barrett did not participate). Pereida v. Wilkinson,…
The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for…
