Visa Lawyer Blog

Articles Posted in Presidential Election

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joshua-sukoff-SYHi8oX0JC8-unsplash-scaledThis is a developing story

The world of immigration has been shaken up by new reports that the Biden administration intends to release a groundbreaking executive action on immigration. The President’s order could soon allow spouses of U.S. Citizens to legalize their status in the United States.

According to government officials speaking on condition of anonymity, full details of the executive action are expected to be released as early as Tuesday – the twelfth anniversary of the Deferred Action for Childhood Arrivals (DACA) program. If passed, it would be one of the largest immigration relief proposals in recent history.

Essentially, a plan has been in the works to create a program known as “Parole in Place” that would offer work permits and deportation protections to undocumented immigrants married to U.S. Citizens, so long as they have lived in the United States for at least 10 years.

Such a program would eliminate the need for spouses of U.S. Citizens to travel outside of the United States to legalize their status through an extreme hardship “waiver” process, that has posed obstacles for many to become legalized.

Instead, the program would open a pathway to permanent residence for spouses of U.S. Citizens to adjust their status to permanent residence from the United States, without having to depart the country.

If passed, the White House’s measure could benefit more than 1.1 million undocumented spouses of U.S. Citizens, if they can meet the eligibility requirements.

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smile-5621670_1280-1On Tuesday June 4, 2024, President Joe Biden’s rumored executive action on immigration was unveiled by the White House.

Among its sweeping provisions, effective Wednesday June 5, 2024, the order will limit the number of migrants who can claim asylum at ports of entry along the southern U.S. border, while there are high levels of illegal crossings at the southern border.

Specifically, migrants seeking asylum will be turned away at the border when the seven-day average of daily border crossings exceeds 2,500 daily encounters between ports of entry. Since the number of encounters currently exceeds this figure, the order will go into effect immediately.

This means that starting June 5th U.S. border officials will stop conducting credible fear interviews for asylum claims and will instead quickly expel migrants seeking asylum at the border.

Migrants who are expelled under the order will receive a minimum five-year bar on reentry to the United States and potentially be subject to criminal prosecution.

The government will only accept asylum claims at the border if 14 days have passed, and the number of daily encounters has declined to 1,500 migrants or less at U.S. ports of entry.

Apart from unaccompanied minors, the order applies to all noncitizens, encountered along the southern border, irrespective of their country of origin.

What does the order do?

This executive order will temporarily suspend the entry of noncitizens who cross the border without prior authorization, or a legal basis to do so, including those claiming asylum at the border during periods of high border crossings.

Can migrants still claim asylum through scheduled appointments on the Customs and Border Protection’s One App?

Yes. The executive order does not prohibit migrants from using the CBP One app to make appointments at the border where they are able to claim asylum. The executive order only prohibits “unscheduled” asylum claims at the border.

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florida-890553_1280A new week brings new immigration news. Recently, a federal judge issued a temporary injunction blocking part of a Florida law that imposes criminal penalties on those who transport undocumented immigrants into the state of Florida, classifying such actions as felonies.

The order was made in response to a lawsuit filed by the Farmworker Association of Florida and seven individuals who feared traveling in and out of the state of Florida with undocumented friends and family members due to Florida’s controversial law.

In his ruling, Judge Roy Altman indicated that the Florida law is likely unconstitutional because the supremacy clause places the regulation of immigrants under the purview of the federal government.

In his preliminary order, the judge stated that Florida’s law is preempted by the federal government, “By making it a felony to transport into Florida someone who ‘has not been inspected by the federal government since his or her unlawful entry,’ [the law] extends beyond the state’s authority to make arrests for violations of federal immigration law and, in so doing, intrudes into territory that’s preempted.”

The judge further stated that any harm created by the injunction is outweighed by the harm suffered by the plaintiffs and the federal government. As a result, the Florida law will be halted until the judge rules on the merits of the case.

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As the 2024 U.S. presidential elections draw nearer, Biden and Mexico’s President Andres Manual Lopez Obrador, have announced joint efforts to combat illegal border crossings.

The two leaders have said that their administrations will take steps to decrease illegal border crossings by ordering their national security teams to cooperate. While specific details were not disclosed, a government official has said that immigration enforcement actions may include a crackdown to prevent railways, buses, and airports from being used for illegal border crossings.

The issue of immigration will likely sway voting age Americans who believe President Biden has not done enough to prevent illegal immigration.

Under intense scrutiny and political pressure, the Biden administration has attempted to appease these voters by getting tougher on immigration. Recently, the Biden administration attempted to include restrictive immigration policies as part of a $95 billion foreign aid package for Ukraine, Israel, and Taiwan. Biden called the immigration reform measure the “strongest border security bill this country has ever seen.” If passed, the measure would have given him the authority to turn away migrants at the U.S. Mexico border.

Against political gridlock however, Congress blocked the inclusion of the measure from the bill. This has left the Biden administration to consider the possibility of executive action and internal policy decisions to ramp up its enforcement efforts.

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Ahead of the U.S. presidential election, President Biden is considering the rollout of a set of new executive actions aimed at curbing illegal migration at the U.S. southern border and measures that would create new obstacles for asylum applicants. Individuals speaking on condition of anonymity have said these policies could come as soon as March 7th as part of President Biden’s State of the Union speech.

According to reports by insiders of the Biden administration, the proposals under discussion would use a provision of the Immigration and Nationality Act (INA) to stop migrants from requesting asylum at U.S. ports of entry once a certain number of illegal crossings has been reached.

While the exact details of the executive order are still unclear, the proposal would likely carve out several exceptions for unaccompanied minors and those who meet the requirements of the United Nations Convention Against Torture. A similar proposal was previously discussed in the U.S. Senate as part of a border deal earlier this month.

To further appease conservative voters, the Biden administration is also considering implementing policies that would make it harder for migrants to pass the initial screening of the asylum interview process. Under these proposals, the administration would elevate the “credible fear standard” of the asylum process, thereby narrowing the pool of applicants eligible to seek asylum. Those who cannot meet the elevated standard, would be swiftly deported.

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Our office has been eagerly awaiting the release of the October visa bulletin which ushers in the beginning of a brand-new fiscal year. As our readers will know, a lot has been happening in the world of immigration.

Since March of 2020, U.S. Consulates and Embassies nationwide have suspended routine visa services to the public amid the Coronavirus pandemic. To make matters even more complicated, the President issued a series of Presidential Proclamations suspending the issuance of immigrant visas for most family-sponsored preference categories with limited exceptions including spouses and minor children of United States Citizens. In this post we cover the good, the bad, and the ugly of the release of the October 2020 visa bulletin.

THE BAD AND THE UGLY –

Most Family Sponsored Categories Unable to Obtain Immigrant Visas Due to Consular Closures and Presidential Proclamations

For the most part, nearly all family-sponsored categories on the visa bulletin are impacted by the Presidential Proclamations and individuals impacted cannot obtain an immigrant visa at the U.S. Consulate until the Proclamations terminate on December 31, 2020.

What Family Preference Categories are Impacted?

Presidential Proclamations 10014 and 10052 together suspend the entry of and issuance of visas for the following types of family-sponsored immigrants until December 31, 2020:

  • F2A Spouses and children of green card holders applying at the consulate
  • F-2B Unmarried sons and daughters of green card holders applying at the consulate (21 years of age or older)
  • F-3 Married sons and daughters meaning of US citizens applying at the consulate (children under 21 years old of US citizens are not affected)
  • F-4 Brothers and sisters of US citizens applying at the consulate

As you can see these categories make up the vast majority of the family-sponsored preference categories on the visa bulletin. Only very narrow categories of individuals have been specifically exempted from the Proclamations.

Those exempted include the following:

  • Spouses and children of US citizens applying at the consulate are not affected
  • Sons and daughters under 21 years old of US citizens applying at the consulate are not affected
  • Lawful Permanent Residents of the U.S.
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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With the 2020 elections quickly approaching and much at stake in the world of immigration, we remind you of the upcoming events relating to the presidential election, where you can register to vote and secure a mail in ballot, and of who is eligible to vote in the 2020 presidential election.

Who Can Vote in the U.S. Presidential Election?

You are eligible to vote in U.S. Federal Elections if you are a United States Citizen, regardless of the manner in which you obtained citizenship. U.S. Citizen’s must meet their state’s residency requirements, be 18 years of age on or before election day and register to vote by your state’s deadline. If you are not yet registered to vote, please do so as soon as possible. Voting is one of the most important ways that Americans can participate in our democracy and protect the most vulnerable members of our society.

As a reminder, lawful permanent residents cannot vote in federal elections. Only United States citizens may do so.

For information on your state’s registration requirements please click here.

Criminal Issues May Impact Your Right to Vote

In some states, you may not be able to vote if you have certain felony convictions. If you have questions about whether you may vote in your state, contact your state county election officials where you wish to register to vote.

How Can You Vote?

You may vote either (1) in person at your designated polling place on election day (2) you may vote early in person at your designated early polling place, or (3) you may request a mail-in/absentee ballot if available and vote by mail.

To find your polling place click here.

For information on how to request a mail-in absentee ballot click here.

For information on how to check your registration status click here.

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We are just 60 days away from Election day in the United States which falls on Tuesday, November 3rd. Do you know where your candidate stands on immigration? In this post, we cover Presidential nominee Joe Biden’s stance on important immigration issues, and everything you need to know about his vision for America.

We would also like to take this opportunity to remind those of our readers who are American citizens to exercise their right to vote. It is your civic duty and will help shape the nation’s immigration policy for the next four years. For voter registration information please click here.

Immigration under Joe Biden

If elected President of the United States, Joe Biden has stated that he will enact a number of policies during his four-year term. Among these policies, he promises to take urgent action to undo destructive policies implemented by the Trump administration, modernize the immigration system, reassert America’s commitment to asylum-seekers and refugees, and implement effective border screening.

Comprehensive Immigration Reform

First and foremost, Joe Biden supports working with Congress to pass a comprehensive immigration solution that would offer nearly 11 million undocumented immigrants a path to citizenship. As vice president, Joe Biden worked alongside former President Obama to push forward a bill that would do just that. Unfortunately, the Republican-led Congress refused to approve the bill, leaving millions of undocumented immigrants in limbo including Dreamers.

Joe Biden advocates for the creation and expansion of the Deferred Action for Childhood Arrivals program (DACA), the Deferred Action for Parents of Americans (DAPA) program,  the Central American Minors program, which allows parents with legal status in the U.S. to apply to bring their children from Central America to live with them, and the creation of a White House task force to support new Americans to integrate into American life and their communities.

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In this blog post we would like to report on a new executive order recently signed by President Donald Trump on August 3, 2020, entitled “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers,” which carries implications for temporary foreign workers, especially those whose job depends on or was created by a federal government contract.

What is the order all about?

The executive order was passed to create increased opportunities for American workers to compete in the job market, especially during the difficult economic crisis created by COVID-19.  The order directs the heads of federal agencies to review federal contracts to assess any “negative impact” that the hiring of temporary foreign workers has had on American workers. The order states, “when employers trade American jobs for temporary foreign labor, for example, it reduces opportunities for U.S. workers in a manner inconsistent with the role guest-worker programs are meant to play in the Nation’s economy.”

Specifically, the executive order calls upon departments and agencies to review federal contracts and hiring practices of temporary foreign workers in fiscal year 2018 and 2019 to assess “whether contractors (including subcontractors) used temporary foreign labor for contracts performed in the United States and if so…whether opportunities for U.S. workers were affected by such hiring…”

Most importantly, section three of the executive order requires the Secretaries of Labor and Homeland Security to take action within 45 days (by September 17) to protect the jobs of American workers and insulate them from any negative effects on wages and working conditions caused by the employment of H-1B visa workers specifically. The order grants DHS and DOL broad discretion to introduce new measures that could negatively affect H-1B employers. While these measures are yet to be seen, we believe this may signal the proposal of additional regulations to prevent the displacement of U.S. workers in the future.

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This afternoon, a federal judge in Maryland quietly handed down a victory for new DACA applicants. The judge in the case, Casa de Maryland v. U.S. Department of Homeland Security, has ordered the government to restore the Deferred Action for Childhood Arrivals (DACA) program to its pre-September 2017 status, meaning that first-time applicants can now apply for Deferred Action and an employment authorization document from the United States Citizenship and Immigration Services.

What was this lawsuit about?

The Casa de Maryland v. U.S. Department of Homeland Security lawsuit was brought on October 5, 2017, in the U.S. District Court for the District of Maryland, to challenge the Trump administration’s revocation of the Deferred Action for Childhood Arrivals (DACA) program. The plaintiffs were a group of nonprofit organizations and DACA recipients who sought to enjoin (stop) the federal government from terminating the DACA program. The plaintiffs argued that the Trump administration’s 2017 rescission of the program was motivated by discriminatory animus toward individuals from Mexico and Central America. They also argued that revoking DACA violated Fifth Amendment due process and equal protection, and the Administrative Procedure Act.

In response to the lawsuit, the government filed a motion to dismiss the lawsuit. On March 5, 2018, the judge ordered the government to stop using or sharing information provided by DACA applicants for enforcement or deportation purposes, but declared that the Trump administration’s rescission of the DACA program was valid and constitutional.

On April 27, 2018, the plaintiff’s appealed the case to the Fourth Circuit Court of Appeals. The appeals court reversed the district court’s decision finding that the rescission of DACA was invalid and unconstitutional. The court decided that the government’s rescission of DACA was arbitrary and capricious and remanded the case back to the lower courts.

Today, on remand in accordance with the U.S. Supreme Court’s June 18, 2020 decision holding that rescission of DACA was arbitrary and capricious in violation of the APA, the judge’s decision “restores DACA to its pre-September 5, 2017, status…”

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