Visa Lawyer Blog

Articles Posted in Priorities for Removal

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student-5473769_1280F-1 International Students at university campuses across the country have been rocked by alarming reports that their visas and SEVIS records have been suddenly terminated by U.S. Immigration and Customs Enforcement (ICE), without any prior notice to the university or the student.

This new wave of SEVIS terminations which began early this month has led to a string of lawsuits filed in federal district court, challenging the legality of the terminations.

School officials became aware of terminated F-1 student records only after conducting checks of the Student & Exchange Visitor Information System (SEVIS) system. The records of those impacted simply state that the visa revocations were due to an immigration status violation.

The following three generic classifications have been provided for the terminations:

  • Termination based on serious adverse foreign policy consequences
  • Student identified in a criminal records check
  • Student identified in criminal check and/or has had their visa revoked

No further details regarding the reason for the terminations have been provided by the government, nor were school officials notified of actions taken.

What is SEVIS?

The Student and Exchange Visitor Information System (SEVIS) is an online system used by the U.S. Department of Homeland Security (DHS) to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools, F-1 and M-1 students who come to the United States to begin a program of student.

Designated school officials use SEVIS to issue Forms I-20 to specific nonimmigrants to obtain F or M status while enrolled at the school and to satisfy their legal responsibilities.

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criminal-8444883_1280The unthinkable has now become a reality. In a recent court filing, the U.S. government disclosed that the Internal Revenue Service (IRS) has agreed to disclose protected tax records to aid Immigration and Customs Enforcement (ICE) in the mass deportation of undocumented immigrants.

The existence of this agreement was initially reported by the New York Times and was revealed in response to a lawsuit brought by Centro de Trabajadores Unidos and Immigrant Solidarity Dupage two immigrant worker organizations, against the IRS to prevent them from engaging in the unauthorized disclosure of taxpayer information for purposes of immigration enforcement.

Under the terms of the deal, ICE officials can request information from the IRS about undocumented immigrants they are investigating for failing to leave the country after receiving a final order of removal from a judge.

This news has caused panic among undocumented immigrants who do not want to file their taxes for fear of being deported.

Many will certainly be discouraged from filing their taxes as they have typically done using an Individual Taxpayer Identification Number (ITIN). An ITIN number is issued by the IRS to people who are not citizens and are not otherwise eligible to receive a Social Security number to comply with their tax obligations.

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poster-7297156_1280

In President Trump’s latest legal battles, a federal judge from the U.S. District Court of Massachusetts has dealt a blow to the administration’s plans to fast-track the deportations of thousands of undocumented migrants with final orders of removal.

Today, federal judge Brian Murphy issued a nationwide temporary restraining order immediately blocking U.S. Immigration and Customs Enforcement (ICE) from deporting migrants from the United States to countries with which they have no existing relationship, without first providing them written notice and a meaningful opportunity to claim relief under the Convention Against Torture (CAT) for immigrants fearing persecution.

This decision was made in response to a lawsuit filed by a group of migrants challenging ICE policies that expedite the removal of undocumented immigrants released from detention to third countries.

The judge’s court order specifically prohibits the U.S. government from:

“Removing any individual subject to a final order of removal from the United States to a third country, i.e., a country other than the country designated for removal in immigration proceedings, UNLESS and UNTIL [the government] provide[s] that individual, and their respective immigration counsel, if any, with written notice of the third country to where they may be removed, and UNTIL Defendants provide a meaningful opportunity for that individual to submit an application for CAT protection to the immigration court, and if any such application is filed, UNTIL that individual receives a final agency decision on any such application.”

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international-2693195_1280-1The first 30 days of the Trump administration have involved dismantling Biden-era immigration protections including ending Temporary Protected Status (TPS) for Venezuelans, and now Haitians.

Before leaving office, the former Secretary of the Department of Homeland Security Alejandro Mayorkas had extended Temporary Protected Status (TPS) protections for Haiti for an 18-month period (until February 3, 2026).

Acting under the Trump administration, today DHS Secretary Kristi Noem partially vacated the Mayorkas extension reducing it from 18 months to 12 months.

As a result, Haiti’s TPS extension and new designation will end on August 3, 2025, instead of February 3, 2026, unless extended by the Trump administration.

First-time registration for Haitians seeking TPS protections will remain in effect until August 3, 2025, instead of February 3, 2026.

DHS said in a statement that by taking action it was making good on its promise to “rescind [Biden] policies that were magnets for illegal immigration,” highlighting that TPS is meant to provide only “temporary” immigration status to certain nationals from countries facing ongoing armed conflict, environmental disasters, and other extraordinary conditions.

The statement went on to say, “for decades the TPS system has been exploited and abused. For example, Haiti has been designated for TPS since 2010. The data shows each extension of the country’s TPS designation allowed more Haitian nationals, even those who entered the U.S. illegally, to qualify for legal protected status.”

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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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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politics-2361943_1280News reports from the Associated Press and other media outlets indicate that the Biden administration is on the verge of signing an executive order that could halt asylum requests at the U.S. Mexico border, and introduce new admissions quotas by invoking the President’s authority under Section 212(f) of the Immigration and Nationality Act.

As the U.S. presidential election draws closer, the Biden administration has been looking for new ways to appease voters and get tougher on immigration.

President Biden aims to discourage migration by controlling the entrance of undocumented immigrants claiming asylum at the border.

The administration is considering capping the number of daily border crossings to 4,000 over a week, and is weighing whether this limit would include asylum-seekers arriving to the U.S. who have made appointments ahead of time on the U.S. Customs and Border Protection’s mobile app. There are currently 1,450 such appointments per day.

Speaking on condition of anonymity, government officials divulged that migrants who arrive after the border reaches a certain threshold may be subject to automatic removal in a process similar to deportation. Those removed would not be able to return to the United States easily.

Republicans have argued that the President has not done enough to stop the flow of illegal immigration to the U.S. which has led the administration to become much more conservative on immigration than ever before.

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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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