President Donald Trump announced that the Administration will not be proceeding with any further census litigation. The 2020 Decennial Census, which is already being printed, will be sent out without a citizenship question. Nevertheless, President Trump does want to obtain statistics on the number of residents in the country who are and are not U.S.
What Supreme Court on Deference to Agency Interpretations May Mean
By Elizabeth A. Evans on
Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor of the government’s view of the meaning of [a] statute . . .” as long as the interpretation is reasonable. A…
Administration Ups Data Collection and General Surveillance
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
E-1/E-2 Treaty Visas Option for New Zealanders
By William J. Manning on
The U.S. Ambassador to New Zealand, Scott P. Brown, has announced that eligible New Zealand nationals may apply for E-1/E-2 Treaty Investor Visas:
Continue Reading E-1/E-2 Treaty Visas Option for New Zealanders
DACA Program Continues as U.S. Supreme Court Declines to Expedite Consideration of Cases
By Forrest G. Read IV on
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
Bill in Congress Aimed at Protecting H-4 Employment as Program Rescission Progresses
By Forrest G. Read IV on
Concerns regarding the rescission of the H-4 EAD Rule have heightened in the wake of the publication of the Department of Homeland Security’s Spring 2019 Regulatory Agenda. In response, two California congresswomen, Representatives Anna Eshoo (D-Cal.) and Zoe Lofgren (D-Cal.), reintroduced a bill to protect those work authorizations – The H-4 Employment Protection Act. Both Eshoo and Lofgren represent the Bay Area of California, a region that would be particularly hard hit by the elimination of H-4 EADs.
Continue Reading Bill in Congress Aimed at Protecting H-4 Employment as Program Rescission Progresses
Insights: Pros and Cons of Registering for E-Verify
Immigration enforcement is a major focus of attention of the Trump Administration – including in the business immigration context. One measure of this interest is the increase in I-9 audits. ICE reported that worksite investigations surged in FY 2018 by “300 to 750 percent” over FY 2017. Given that, many employers are considering whether to…
Lawsuits Against USCIS Seek Suspected New Policies for Handling H-1B Petitions
By Kimberly M. Bennett on
Volume “impact litigation” in the U.S. District Court for the District of Columbia may lead to details of the basis of alleged, unannounced, new USCIS policies regarding the H-1B visa program.
Attorneys are alleging that USCIS is using new policies to adjudicate H-1B petitions, without properly completing the required notice-and-comment procedures for administrative rule changes…
What Processing Delays in Immigration Cases Mean
By Amy L. Peck on
Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014.
In fact, even though applications declined by 17% in FY 2018, processing times continued to rise. In…
Federal Court Blocks DHS Policy on Unlawful Presence for Foreign Students, Exchange Visitors
By Amy L. Peck on
On August 8, 2018, DHS issued a new policy that announced that foreign students would begin accumulating “unlawful presence” if any violation of status had occurred, whether known to the student or not. On May 3, 2019, in Guilford College et al. v. DHS, Judge Loretta C. Biggs in the U.S. District Court for…