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…
Based on the Centers for Disease Control and Prevention’s (CDC) updated guidance, USCIS is opening its doors to “unmasked,” “fully vaccinated” people.
According to USCIS’ new visitor policy:
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President Joe Biden’s American Citizenship Act of 2021, introduced in Congress in February, would provide large-scale immigration reform. But it will be difficult to pass such a comprehensive bill.
The last time comprehensive immigration reform made it through Congress was in 1986, during the Reagan Administration (although another, smaller bill passed in 1990, during the…
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 agreed to hear a case from the Third Circuit that will resolve the circuit split on whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain lawful-permanent-resident status. Sanchez v. Mayorkas, No. 20-315. Arguments for the case are set for April 19, 2021.
A circuit court split…
On his first day in office, President Joe Biden signed a memorandum fortifying the Deferred Action for Childhood Arrivals (DACA) policy. His administration also has granted Temporary Protected Status (TPS) to more individuals: those from Venezuela and Burma. Building on this, President Biden also proposed broad legislative immigration reform, including a path to citizenship for…
Eligible Venezuelans in the United States may now apply for Temporary Protected Status (TPS) according to an announcement made this week by Alexajandro Mayorkas, Secretary of the Department of Homeland Security (DHS). TPS is granted to individuals who cannot return to their home countries safely. In the case of Venezuela, Secretary Mayorkas stated that 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,…
