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DACA (Deferred Action for Childhood Arrivals) recipients have been in limbo and at the center of various political debates ever since President Donald Trump attempted to end the program in 2017.  Put in place by the Obama Administration in 2012, DACA protects from deportation individuals who were brought to the United States by their parents as undocumented children.  Individuals who have received DACA protection are granted work authorization, but currently have no pathway to lawful permanent residence in the United States.  The 800,000 DACA recipients are known as “Dreamers,” and are generally considered to be model residents of the United States.
Continue Reading Update: DACA Litigation

The Commerce Department cannot include a citizenship question in the census – at least for now – according to the Supreme Court.  In Department of Commerce et al. v. New York et al., the Court, in a 5-4 decision written by Chief Justice Roberts, said the question could not be in the census because the “sole reason” Commerce Secretary Wilbur Ross gave for his decision to include it – enforcement of the Voting Rights Act – seemed contrived. Justice Roberts wrote: “[a]ltogether, the evidence tells a story that does not match the explanation the secretary gave for his decision.” The Commerce Department will have to provide further information for the District Court to review before a final decision is made.
Continue Reading Supreme Court Blocks Citizenship Question in the Census – For Now

In Mosleh et al. v. Pompeo et al. in the U.S. District Court for the Eastern District of California, Chief Judge Lawrence J. O’Neill ordered the Administration to show that delays in granting travel ban waivers to Yemeni relatives of U.S. citizens are “reasonable.” He opined that the government’s description of the process was “inadequate” and that without more specific information he will have to make a decision on the families’ request for injunctive relief based upon the inferences he draws from the lack of evidence.
Continue Reading Federal Judge Orders Administration to Provide More Specifics on Travel Ban Waivers

In a move that likely will give a boost to the Brazilian tourism industry, the Brazilian government has announced that U.S. citizens can now visit Brazil without a visa. Citizens of Australia, Canada, and Japan also have received this cost-saving and time-saving benefit.
Continue Reading Brazil Lifts Visa Requirement for U.S. Citizens

The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers.

Here are a few new policies:Continue Reading Administration Ups Data Collection and General Surveillance

Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social media platforms, identifiers, phone numbers and emails from visa applicants selected for “extreme vetting.” It was predicted that this would affect only 0.5% of all visa applicants – approximately 65,000 annually. As of June 1, 2019, with the introduction of a new DS-160 Form, some of this information will be collected from all visa applicants – affecting approximately 15 million foreign nationals planning to come to the U.S.
Continue Reading New DS-160 Form Seeks Social Media Information, Affecting Millions of Visa Applicants

The “Dreamers” have received another reprieve from the U.S. Supreme Court.

DACA litigation has been in the news since September 2017, when then-Attorney General Jeff Sessions announced the DACA program would be terminated. In response to that announcement, multiple lawsuits were filed in federal courts in California, New York, Maryland, Texas, and the District of Columbia, resulting in multiple nationwide injunctions blocking the termination of the program. Indeed, the injunctions have forced USCIS to continue granting DACA renewals.Continue Reading DACA Program Continues as U.S. Supreme Court Declines to Expedite Consideration of Cases