Immigration News

  • USCIS Extends TPS for Salvadorans
    USCIS DHS Secretary Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending September 9, 2013. (Jan 2012)
  • Cecila Munoz named WH Domestic Policy Director
    White House announced that current Director of Intergovernmental Affairs Cecilia Muñoz will now serve as Director of the Domestic Policy Council, where she will coordinate policy-making and supervise the execution of domestic policy in the White House. (Jan 2012)
  • USC Intends to Change Unlawful Presence Waiver Process
    USCIS published a Notice of Intent in the Federal Register on January 9, 2012, stating it will consider regulatory changes that would allow certain immediate relatives to request provisional unlawful presence waivers prior to departing the U.S. for consular processing. (Jan 2012)
  • TPS Extension for Nicaraguans
    USCIS announced an 18-month extension of the TPS designation of Nicaragua, effective 1/6/12 through 7/5/13, and automatic EAD extension for current Nicaraguan TPS beneficiaries. (Nov 2011)
  • TPS Extension for Hondurans
    USCIS announced an 18-month extension of Honduras’ TPS designation, effective 1/6/12 through 7/5/13, as well as the automatic EAD extension for current Honduran TPS beneficiaries. (Nov 2011)
  • H-IB Cap Updated
    USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/14/11, approximately 43,300 H-1B cap-subject petitions were receipted. USCIS has receipted 19,600 H-1B petitions for aliens with advanced degrees. (October 2011)
  • Court Rules DHS must respond to FOIAs within 20 days.
    A Federal District Court in California granted partial summary judgment, ordering USCIS to respond to FOIA requests in 20 days absent unusual circumstances, and that Track 3 FOIA procedures (FOIAs for matters involved in removal proceedings) violates a 1992 settlement agreement and was promulgated in violation of the APA and FOIA. (Hajro v. USCIS, 10/13/11). (October 2011)
  • WIDOWS PETITION DEADLINE APPROACHING
    USCIS reminds eligible widow(er)s that October 28, 2011 is the deadline for filing a Form I-360 visa petition. If a foreign national is the widow(er) of a U.S. citizen who died before October 28, 2009, the foreign national may be eligible to immigrate to the United States if: (1) the US deceased spouse was married for less than 2 years at the time of death, and (2) the Form I-360 for Special immigrant classification as a widow/widower is filed by October 28, 2011. (September 2011)
  • H-1B CAP UPDATE
    USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/9/11, approximately 32,200 H-1B cap-subject petitions were receipted. USCIS has receipted 16,700 H-1B petitions for aliens with advanced degrees. (September 2011)
  • DV LOTTERY VISA 2013
    DOS has published instructions for the 2013 Diversity Immigrant Visa Program (DV-2013). This year, natives from South Sudan and Poland are eligible, while Bangladesh natives are ineligible. Entries for the DV-2013 program must be submitted electronically between 10/4/11 and 11/5/11. (September 2011)
  • H-1B CAP UPDATE
    USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 8/26/11, approximately 29,000 H-1B cap-subject petitions were receipted. USCIS has receipted 15,800 H-1B petitions for aliens with advanced degrees. (Aug 2011)
  • SUBWAY FRANCHISE PENALIZED FOR IMPROPER I-9s
    OCAHO ordered the owner of a Subway franchise to pay $28,150 in civil penalties for failure to prepare and/or properly complete I-9 forms, finding that the penalties sought by ICE were disproportionate to the company's size and resources. (U.S. v. Teelah Inc., 12/22/2010) (Aug 2011)
  • TOMATO PRODUCER FINED FOR UNAUTHORIZED WORKERS
    ICE issued a press release announcing that Eurofresh, Inc., a large tomato producer in southern Arizona, was fined $600,000 and put on probation for a period of five years for knowingly hiring and continuing to employ unauthorized workers at the company between 2000 and 2006. (Aug 2011)
  • NEW PROSECUTORIAL DISCRETION PROCEDURES
    On August 18, 2011, DHS unveiled a new interagency process to ensure that resources are focused on the Administration’s highest enforcement priorities. As part of this process, an interagency team of DHS and Department of Justice (DOJ) officers and attorneys, including representatives from throughout DHS and from the Executive Office for Immigration Review (EOIR) and the Office of Immigration Litigation at DOJ, will identify low-priority removal cases that should be considered for an exercise of discretion (i.e. Dream Act immigrants). This review will be conducted on a case-by-case basis and will consider cases that are at the various stages of enforcement proceedings, including charging, hearing, and after a final order of removal. The interagency working group will also issue guidance to prevent low priority cases from entering the system on a case-by-case basis. (August 2011)
  • WHITE HOUSE SUSPENDS DEPORTATION OF DREAM ACT IMMIGRANTS
    The Department of Homeland Security has announced on August 18 that it will prioritize the removal of people who have been convicted of crimes in the United States. They announced that they are strengthening their ability to target criminals even further by making sure they are not focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. (i.e. Dream Act Immigrants) It also includes Individuals such as military veterans and the spouses of active-duty military personnel. DHS, along with the Department of Justice, will be reviewing the current deportation caseload to clear out low priority cases on a case-by-case basis and make more room to deport people who have been convicted of crimes or pose a security risk. And they will take steps to keep low-priority cases out of the deportation pipeline in the first place. They will be applying “common sense guidelines” to make these decisions, like a person’s ties and contributions to the community, their family relationships and military service record. (August 2011)
  • NATURALIZATION APPLICATIONS TO BE EXPEDITED
    USCIS announced that it will prioritize the processing of Naturalization Applications, Form N-400, for certain SSI recipients whose SSI benefits will be terminated within one year of the date listed on their SSI notice and whose Form N-400 has been pending with USCIS for four months or more. (August 2011)
  • ILLINOIS DREAM ACT (SB 2185) SIGNED INTO LAW
    Illinois bill (SB 2185) signed into law by Gov. Pat Quinn on August 1, 2011. SB 2185 would qualify undocumented students for private funds to attend college. It would also allow individuals with SSNs or TINs to enroll in state-run college savings programs. (August 2011)
  • H-1B Count Updated
    USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 7/1/11, approximately 19,000 H-1B cap-subject petitions were receipted. USCIS has receipted 12,200 H-1B petitions for aliens with advanced degrees. (July 2011)
  • H-1B Count Updated
    USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 6/24/11, approximately 17,400 H-1B cap-subject petitions were receipted. USCIS has receipted 11,300 H-1B petitions for aliens with advanced degrees. (June 2011)
  • SENATE HEARINGS ON DREAM ACT
    (AILA) celebrates the first-ever Senate hearing on the Development, Relief and Education for Alien Minors Act, commonly known as the DREAM Act, held this morning. Senator Dick Durbin (D-IL) chaired the hearing and witnesses included Secretary of Homeland Security, Janet Napolitano, Ola Kaso, a student from Warren, MI, and Lt. Colonel (retired) Margaret Stock who is an AILA member. (June 2011)
  • ICE BUILDS MORE PRISONS IN PLACES LIKE ILLINOIS
    On the heels of ACLU allegations of abuse in immigration detention centers in Arizona, the U.S. Immigration and Customs Enforcement (ICE) is building new centers in California, Florida, Illinois, Texas, and New Jersey. These centers are being designed and built by a collection of private detention center management companies. Together these companies have spent more than $20 million in the last decade lobbying for the construction of additional private detention centers.
    ICE has also requested $72 million from Congress for detention alternatives such as electronic ankle bracelets that allow people to be under ICE surveillance without being held in detention centers. This request represents a $3 million increase from last year's funds, which would cover an additional 2,500 detainees. (June 2011)
  • CLASS ACTION AGAINST DHS AND DOS FOR DV LOTTERY MIXUP
    A class action complaint was filed in federal court against the Department of State (DOS) and the Department of Homeland Security (DHS) challenging the invalidation of the May 2011 notification of eligibility sent to foreign nationals for the 2012 Diversity Visa Lottery. Citing a computer error, DOS voided the initial lottery results and will conduct a new selection process in July 2011. (June 2011)
  • COMPREHENSIVE REFORM INTRODUCED IN SENATE
    On June 22, 2011, Senators Robert Menendez (D-NJ), Harry Reid (D-NV), Patrick Leahy (D-VT), Richard Durbin (D-IL), Charles Schumer (D-NY), Kristen Gillibrand (D-NY) and John Kerry (D-MA) introduced the "Comprehensive Immigration Reform Act of 2011," a bill that seeks to fix a system that has been broken for far too long. The legislation proposes a balance of solutions, such as enhanced enforcement measures and a mandatory E-verify program which is paired with strategies to address the current population of undocumented workers, improvements to regulating future flows of legal immigration, a commission to study and regulate temporary worker programs, as well as efforts to support the integration of immigrants into America. (June 2012)
  • POSSIBLE NEW BENEFIT FOR DREAM KIDS
    On June 17, 2011, the USICE Office published a significant new Legal Memo addressing "prosecutorial discretion". Under the new procedures laid out in the memo, certain foreign nationals may receive some significant benefits. Under the new Memo, ICE agents (and ICE Attorneys) have been given broad powers to do many things, including initiate and terminate removal proceedings against certain foreign nationals depending on certain circumstances. For example, persons who are routinely placed on ICE Detainers for having been charged with minor offenses (i.e. Traffic) may possibly avoid being placed in removal proceedings, depending on other factors in their case. The Memo outlines what those factors should be. In addition, person who seek to be placed in some type of legal proceeding, (i.e. request to be placed in removal proceedings, or be granted Deferred Action) may be provided this relief if the ICE agent chooses to exercise discretion. Persons who may benefit from the act of discretion include: minors, the elderly, persons who have USC or LPR close family members, and caretakers of persons with physical or mental disabilities. This is a particular benefit for persons who might have benefited under the DREAM Act. (June 2011)
  • DHS EXTENDS HAITIAN TPS AND ALLOWS REDESIGNATION
    The Department of Homeland Security (DHS) Secretary, Janet Napolitano announced on May 17, 2011, that DHS would extend Temporary Protected Status (TPS) for an additional eighteen (18) months for Haitians currently residing in the United States. She also announced that she would permit Haitians who arrived up to one year after the earthquake, many of whom came in on visitor visas and other authorized measures, to apply for TPS. (MAY 2011)
  • SSA STARTS TO SEND “NO-MATCH” LETTERS AGAIN
    The Social Security Administration (SSA) has once again started sending the dreaded “no-match” letters that advise employers that their workers are using a social security number that does not coincide with SSA’s records. Effective April 6, 2011, pursuant to a directive from the SSA Commissioner, SSA resumed sending employer decentralized correspondence (DECOR) letters for tax year 2010. All along, SSA has been sending an employee version of the DECOR letter to employees at their home address if the name and/or social security number listed on the employer’s submitted W-2s did not match the information in the SSA database. Before 2007, if SSA did not have an accurate address for the employee, SSA sent a different version of the DECOR letter directly to the last employer of record, asking the employer to provide the following information to SSA: the employee’s name, social security number, address, and whether or not the employee had ever used another name. After a federal court challenge, in 2007, SSA stopped sending employer DECOR letters. They have now resumed sending letters to employers. (April 2011)
  • ARIZONA ANTI-IMMIGRANT LAW RULED UNCONSTITUTIONAL
    The Ninth Circuit to uphold a preliminary injunction against Arizona’s SB 1070 because states do not have inherent authority to make or enforce immigration laws. “The Ninth Circuit has confirmed what we’ve said all along; the SB 1070 ‘show me your papers’ law is unconstitutional because it infringes on the federal government's exclusive power to make and enforce immigration laws. One of its most egregious provisions unlawfully requires state and local police to ask for proof of immigration status from every individual stopped for a traffic violation or other civil infraction if they have a ‘reasonable suspicion’ that the person is in the U.S. in violation of the immigration law,” said AILA President David Leopold. It is unclear whether the state of Arizona will appeal this decision to the full circuit court, or to the Supreme Court. (April 2011)
  • NEW H-1B VISA PETITIONS NOW BEING ACCEPTED
    USCIS announces that as of April 1, 2011, the agency is accepting H-1B petitions subject to the FY2012 cap. (April 2011)
  • RELIEF FOR NATIONALS OF JAPAN
    Certain nationals of Japan impacted by the 3/11/11 earthquake and tsunami, are being provided temporary relief measures and certain U.S. immigration benefits available upon request. See USCIS news webpage on “humanitarian programs” for more information. (March 2011)
  • MOU BETWEEN DOL AND DHS ON EMPLOYER WITH LABOR DISPUTE
    A new 3/31/11 memorandum of understanding (MOU) between Department of Labor (DOL) and the Department of Homeland Security (DHS) specifies that ICE will not investigate worksites where DOL is conducting an investigation, or where there is an ongoing labor dispute, unless there is an independent, supervening cause. (March 31 2011)
  • REAL ID ACT LICENSE REQUIREMENTS EXTENDED TO JANUARY 2013
    The Department of Homeland Security has issued a final rule that changes the date that all States must be in full compliance with the REAL ID Act to January 15, 2013 to ensure that driver's licenses and identification cards meet the security requirements of the Act. (March 2011)
  • INTERIM EADs for SALVADORIANS WITH TPS
    U.S. Citizenship and Immigration Services (USCIS) has announced that some existing Salvadoran Temporary Protected Status (TPS) beneficiaries will receive interim Employment Authorization Documents (EADs) during the continued processing of their re-registration applications. Issuance of the interim EADs will allow TPS beneficiaries to continue working while USCIS completes the processing of their re-registration applications. The original expiration date for Salvadoran EADs was Sept. 9, 2010. USCIS automatically extended this validity period to March 9, 2011. (March 2011)
  • NONCITIZENS CAN REOPEN IMMIGRATION COURT CASES WHILE OUTSIDE THE US
    This month, a federal appellate court (Pruidze v. Holder, Case No 09-3836, decided February 3, 2011), chastised the Board of Immigration Appeals (BIA) for preventing noncitizens from reopening their cases from outside the United States. This important ruling from the U.S. Court of Appeals for the Sixth Circuit repudiates the government's view that immigration judges and the BIA lack "jurisdiction" over such cases. This decision now makes it clear that in the 6th circuit at least, noncitizens have the opportunity to seek review of unfavorable decisions from outside the United States.
  • H-1B CAP REACHED FOR FISCAL YEAR 2011
    The United States Citizenship and Immigration Services (USCIS) has announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 2010. The nearly ten months it has taken to hit the FY2011 cap is indicative of the realities of the marketplace especially when contrasted with the mere week it took to hit the 65,000 cap during FY2005-2008 when the economy was booming in 2007. (JAN 2011)
  • PRIVATE BILLS PASSED IN CONGRESS
    Congress has passed two private bills that await the President's signature. The House passed the bills, which had previously passed the Senate. According to the Huffington Post, they are the first private bills passed by in more than five years. "One bill would clear the way for the granting of legal status to the widow of a Tennessee Marine who gave birth to their son after he was killed in Iraq in 2008. Another would provide relief to a Japanese man living in California whose mother was killed in a car crash when he was a teenager and who was never legally adopted. (JAN 2011)
  • NEW GUIDANCE FOR SURVIVAL OF PETITIONS DESPITE DEATH OF PETITIONER
    USCIS has issued final guidance clarifying its interpretation of the new law found in INA 204(l), which allows petitions for employment-based and family-based immigrants, as well as asylee/refugee, and U and T nonimmigrants to be approved despite the death of the petitioner or the principal beneficiary. New INA §204(l) extends benefits beyond widows and widowers of U.S. citizens, and goes beyond humanitarian reinstatement. (JAN 2011)
  • H-1B CAP UPDATE
    USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 12/31/10, approximately 57,300 H-1B cap-subject petitions were receipted. USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees. (JAN 2011)
  • NEW PROCEDURE FOR CONSULAR REPORT OF BIRTH ABROAD
    The Department of State has announced the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a U.S. citizen parent acquired U.S. citizenship at birth. The redesigned document has state-of-the-art security features that make it extremely resistant to alterations or forgery. Effective January 3, 2011, CRBAs will be printed at our passport facilities in Portsmouth, New Hampshire and New Orleans, Louisiana. (JAN 2011)
  • CALL TO PASS THE DREAM ACT
    Clifford Stanley, Undersecretary for the Department of Defense (DOD), Janet Napolitano, Secretary of the US Department of Homeland Security (DHS), The American Immigration Lawyers Association (AILA), the National Hispanic Bar Association (HNBA), the Mexican American Legal Defense Education Fund (MALDEF), and many other responsible and distinguished leaders of our nation call upon Congress to pass the DREAM Act, a bill that will strengthen our economy, our military, and our entire nation. (December 2010)
  • H-1B CAP UPDATE
    The USCIS has updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of November 26, 2010, approximately 50,400 H-1B cap-subject petitions were receipted. USCIS has receipted 18,400 H-1B petitions for aliens with advanced degrees. (November 2010)
  • SEVENTH CIRCUIT COURT DISCUSSES EFFECT OF UNKNOWN CONVICTION AT TIME OF RECEIPT OF LPR STATUS
    The 7th Circuit Court of Appeals held that a Legal Permanent Resident, who had a criminal conviction which was unknown to the government at the time his application for adjustment of status was approved, was never “lawfully admitted for permanent residence.” Estrada-Ramos v. Holder (July 2010)
  • H-1B CAP COUNT AS OF NOV 5
    As of November 5, 2010, approximately 46,800 H-1B cap-subject petitions were receipted by USCIS. Additionally, USCIS has receipted 17,200 H-1B petitions for applicants with advanced degrees. (Nov 2010)
  • MIDTERM ELECTIONS LIKELY TO STALL IMMIGRATION REFORM
    The results of the 2010 mid-term elections lead many to fear that prospects for broad immigration legislation in the 112th Congress will remain stalled, with new House leadership expected to press for increased border security and intensive enforcement actions. (Nov 2010)
  • EXTENSION OF TPS FOR SOMALIA
    On November 2, 2010, USCIS announced that Temporary Protected Status for Somalia has been extended for eighteen months, through September 17, 2012. Temporary Protected Status was re-designated for nationals of Somalia in 2001, as a result of the armed conflict that was occurring in that country. Prior to the current extension, TPS was valid through March 17, 2011. The current extension allows eligible applicants to apply for extended TPS protection and employment authorization. The re-registration deadline is January 3, 2011. TPS is also available for qualified nationals of El Salvador, Honduras, Nicaragua, Sudan and Haiti. Registration deadlines for these other countries differ. (Nov 2010)
  • GROWING POWER OF NEW AMERICAN VOTERS
    On October 14, 2010, the Immigration Policy Center (IPC) at http://www.immigrationpolicy.org, published a report called The New American Electorate: The Growing Political Power of Immigrants and their Children. The New American Voters were defined as naturalized citizens and the US-born children of immigrants. According to this report, in 2008, New American Voters accounted for 1 in 10 registered voters in the US. Between 1996 and 2008, that number jumped to 101.5%. The number of New American registered Voters exceeded the victory margins in the 2008 presidential election in 12 states (AZ, CA, FL, GA, IN, MO, MT, NV, NJ, NC, TX, VA). In other words, these voters can mean the difference between winning and losing an election. (Oct 2010)
  • LAW SUIT AGAINST ARIZONA’S SB 1070 MOVES FORWARD
    U.S. District Court Judge Susan Bolton denied motions by Arizona Governor Jan Brewer, Maricopa County Sheriff Joe Arpaio, and Pinal County Sheriff Paul Babeu this month to dismiss a lawsuit filed by plaintiffs against Arizona law SB 1070. The plaintiffs, which include the American Civil Liberties Union (ACLU), the Mexican-American Legal Defense Fund, and the National Immigration Law Center, allege that SB 1070 unlawfully attempts to regulate immigration and would result in widespread racial profiling. (October 2010)
  • AUTOMATIC EXTENSION OF EADs FOR TPS RE-REGISTRANTS
    Persons from El Salvador, Honduras or Nicaragua, who have re-registered for TPS, may not have their new Employment Authorization Documents (EADs) issued until early November 2010. In the meantime, their existing EAD is considered proof of employment Authorization as a result of an automatic 6-month extension provided by law. (October 2010)
  • RECORD-BREAKING DEPORTATIONS THIS YEAR
    The DHS issued a press release announcing FY2010 enforcement statistics. ICE removed a record-breaking 392,000 individuals during the last fiscal year. (October 2010)
  • DIVERSITY VISA LOTTERY APPLICANTS CAN FILE ONLY ONCE
    The DOS issued statement confirming that diversity visa lottery applicants for FY2012 may prepare and submit their own entries, or have others, who have Internet access, submit them on their behalf. But only one application may be submitted for each individual. (October 2010)
  • ICE SERVING MORE NOTICES OF INSPECTION TO US COMPANIES
    Immigration and Customs Enforcement (ICE) has confirmed that the agency is serving more than 500 Notices of Inspection (NOIs) to companies in September 2010. According to ICE, the audits flow in large part from leads about employers who allegedly are engaging in hiring unauthorized workers and paying employees unfair wages or otherwise exploiting workers. (September 2010)
  • DREAM Act CONSIDERED BY SENATE
    The DREAM Act could be offered as an amendment to the Defense Authorization bill being considered in the Senate. Senate Majority Leader Harry Reid (D-NV) announced his intention to include the DREAM Act in the major defense bill scheduled for floor action soon. The version of the Defense Authorization bill that passed the House of Representatives in late May did not include the DREAM Act provision. If the Senate passes their version of the defense bill with the DREAM Act intact, it will still need to survive the conference committee reconciliation and then come back before each chamber for a final vote. (September 2010.)
  • SEPTEMBER 10, 2010 H-2B CAP COUNT
    As of 9/10/10, USCIS receipted 6,964 petitions, toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 4,835 approved and 2,129 pending petitions. (September 2010)
  • ICE CONTINUES TO EXPAND PROGRAM TO IDENTIFY UNDOCUMENTED IMMIGRANTS DETAINED BY POLICE.
    With the expansion of Secure Communities to Washoe County, NV, 448 jurisdictions in 25 states are using a biometric information sharing capability to identify aliens lawfully and unlawfully present in the U.S., who are booked into local law enforcement custody for a crime. (July 2010)
  • UPDATE ON H-1B PETITIONS SUBJECT TO THE VISA CAP
    USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 7/9/10, approximately 24,800 H-1B cap-subject petitions were receipted. USCIS has receipted 10,600 H-1B petitions for aliens with advanced degrees. (July 2010)
  • TPS REGISTRATION FOR HAITIANS EXTENDED
    USCIS issued an update on the extension to the registration period for Temporary Protected Status (TPS) for eligible nationals of Haiti. This registration period is now being extended through Jan. 18, 2011. (July 2010)
  • US DEPARTMENT OF JUSTICE FILES LAWSUIT AGAINST ARIZONA’S SB1070
    The United States Department of Justice (DOJ) filed a lawsuit in on July 6, 2010 against the state of Arizona in federal court. The lawsuit, prompted by passage of SB 1070 in the Arizona legislature, argues that federal law trumps the state statute and enforcing immigration law is a federal responsibility. The Department has requested a preliminary injunction to delay enactment of the law, arguing that the law's operation will cause "irreparable harm”. “The federal government is taking an important step to reassert its authority over immigration policy in the United States, said Benjamin Johnson, Executive Director of the American Immigration Council. "While a legal challenge by the Department of Justice won't resolve the public's frustration with our broken immigration system, it will seek to define and protect the federal government's constitutional authority to manage immigration." (July 2010)
  • PRESEIDENT OBAMA GIVES SPEECH ON NEED FOR COMPREHENSIVE IMMIGRATION REFORM
    President Obama appealed to Congress for a bipartisan overhaul of the nation’s broken immigration system in a speech delivered at American University School of International Service. He called on both parties to come together to fix a broken immigration system and implement comprehensive reform that demands accountability from government, from businesses, and from individuals. (July 2010)
  • OVER 400 HAITIANS IN ICE CUSTODY AS OF JUNE 2010
    ICE reported a total of 400 Haitians in ICE Custody as of 6/24/10 including criminal and non-criminal detainees. ICE deferred to USCIS on question of the number of Haitians who have applied for asylum since the earthquake. (June 2010)
  • USCIS PROPOSES FEE INCREASES
    The Department of Homeland Security (DHS) proposed a 10 percent hike in the cost of filing applications for certain immigration services such as green cards and work permits, but decided to exempt the citizenship filing fee. The new fees likely will take effect before Sept. 30, the end of the current fiscal year. The proposed higher fees are the second fee increases in three years. The previous across-the-board fee increases went into effect in 2007. (June 2010)
  • NEW "GREEN CARD"
    U.S. Citizenship and Immigration Services (USCIS) announced that it has redesigned the Permanent Resident Card-commonly known as the "Green Card"-to incorporate several major new security features. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning in May 2010, USCIS will issue all Green Cards in the new, more secure format, and it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as individuals apply for renewal or replacement. (May 2010)
  • NEED TRAVEL DOCUMENTS
    U.S. citizens traveling abroad must have approved travel documents when returning home. The Western Hemisphere Travel Initiative (WHTI) requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable travel document that denotes both identity and citizenship when entering the U.S. by land or sea. U.S. and Canadian citizens under age 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea. A radio frequency identification (RFID)-enabled travel document such as a U.S. Passport Card, Enhanced Driver's License/Enhanced Identification Card or Trusted Traveler Program card expedites entry and makes crossing the border more efficient. All nationals or citizens of VWP countries are now required to have an approved Electronic System for Travel Authorization prior to boarding a carrier to travel by air or sea to the U.S. under the VWP. (2010)
  • TPS Issued for Haitians
    On 1/21/10, DHS issued a notice announcing that designation of Haiti for temporary protected status (TPS) for a period of 18 months. The 180-day registration period for eligible individuals to submit their TPS applications begins 1/21/10. (Jan 2010)
  • SECRETARY NAPOLITANO ANNOUNCES PROPOSED RULE FOR PERMANEENT GLOBAL ENTRY PROGRAM
    Department of Homeland Security (DHS) Secretary Janet Napolitano announced the publication of new proposed rule that would establish Global Entry-a U.S. Customs and Border Protection (CBP) voluntary initiative that streamlines the international arrivals and admission process at airports for trusted travelers through biometric identification-as a permanent program. Global Entry-currently available as a pilot program at 20 U.S. international airports-allows pre-approved members a streamlined, automated alternative to regular passport processing lines. The proposed rule poses federal regulations that would end the current pilot and make Global Entry permanent-allowing CBP to expand the program to additional U.S. international airports. Those members currently participating in the pilot will have their time credited to the five year membership as proposed in the rule, so there will be no break in membership or need to re-apply when the program becomes permanent. At Global Entry kiosks, members insert their passport or lawful permanent resident card into a document reader, provide digital fingerprints for comparison with fingerprints on file, answer customs declaration questions on the kiosk's touchscreen,and then present a transaction receipt to U.S. Customs and Border Protection (CBP) officers before leaving the inspection area.
  • ICE ASSISTANT SECRETARY JOHN MORTON ANNOUNCES 1,000 NEW WORKPLACE AUDITS
    U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. "ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said Assistant Secretary Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules." (Nov 2009)
  • USCIS STANDARDIZES PROCESS FOR CUSTOMERS WITH DISABILITIES
    USCIS announced that it has established a streamlined, standardized process for receiving requests for accommodations from customers with disabilities. Customers in need of accommodations from field offices and Application Support Centers should now call the National Customer Service Center (NCSC) at 1-800-375-5283 (TDD: 1-800-767-1833). (Nov 2009)
  • CUOMO ISSUES MORE THAN 30 ADDITIONAL SUBPOENAS ACROSS NYC IN EXPANDING IMMIGRATION FRAUD INVESTIGATION
    Attorney General Andrew M. Cuomo today announced that - as part of his office's expanding investigation into immigration fraud - he is issuing more than thirty additional subpoenas to organizations and individuals accused of engaging in fraudulent immigration business practices. The organizations and individuals allegedly pose as legitimate immigration service providers and provide legal services that they are not authorized to perform. The subpoenas issued today demand documents and testimony from the organizations and individuals within thirty days. "This expanding investigation continues to uncover evidence that organizations and individuals disregard the law and give unauthorized legal advice to New York's immigrant communities," said Attorney General Cuomo. "The consequences of bad legal advice can devastate individuals and their families, threatening their citizenship and chances for a life in this country. (Sept. 2009.)
  • 2011 DIVERSITY VISA LOTTERY PROGROM REGISTRATION
    The Department of State announces the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on November 30, 2009. (Sept 2009)
  • DISTRICT COURT STRIKES DOWN WIDOWS PENALTY
    The U.S. District Court for the Southern District of Florida, Fort Pierce Division, found that despite a U.S. Citizen I-130 petitioner's death prior to adjudication on the merits, USCIS had no basis to revoke or terminate the petition for classification as an immediate relative. Maclean v. Napolitano (Sept. 2009.)
  • IPC REPORTS CONCLUDE IMMIGRATION NOT INCREASE UNEMPLOYMENT
    Two new reports published by the Immigration Policy Center (IRC) in Washington, D.C. debunk the simplistic myth propagated by anti-immigration activists that immigrants fill U.S. jobs only at the expense of unemployed native-born workers. The first report, "The Unemployment and Immigration Disconnect," analyzes the relationship (or lack thereof) between recent immigration and the general unemployment rate in different regions, states, and counties. The second report, "Immigration and Native-Born Unemployment Across Racial/Ethnic Groups," analyzes the relationship between recent immigration and unemployment among native-born whites, blacks, Latinos, and Asians in different states and metropolitan areas. Both reports demonstrate that there is no discernible relationship whatsoever between the number of recent immigrants in a particular locale and the unemployment rate among native-born whites, blacks, Latinos, or Asians. This holds true even now, at a time of economic recession and high unemployment. (May 2009)
  • WHITE HOUSE ANNOUNCES MEETING ON IMMIGRATION REFORM WITH CONGRESSIONAL LEADERS FOR JUNE 8, 2009
    President Barack Obama will gather congressional leaders at the White House next month to launch a policy discussion on immigration, according to an administration official, but legislative action isn't likely until next year at the earliest. The June 8 meeting is meant to show the White House is moving on the issue -- which is key for Hispanic advocacy groups that helped Mr. Obama get elected in November. (May 2009)
  • BIA RULES "ARRIVING" CUBANS NOT ELIGIBLE FOR ADJUSTMENT OF STATUS BEFORE IMMIGRATION JUDGE
    The BIA vacates and remands, holding that Immigration Judges no longer have jurisdiction in removal proceedings to consider adjustment of status applications filed by arriving aliens who are seeking benefits under the Cuban Adjustment Act. Matter of Martinez-Montalvo, 24 I&N Dec. 778 (April 2009)
  • US-VISIT ENTRANTS NOW REQUIRED TO OBTAIN PRE-APPROVAL
    The U.S. Department of Homeland Security (DHS) today reminded travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. This requirement, effective today, applies to all eligible citizens or nationals traveling under the VWP. The citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. (Jan 2009)
  • NEW DOCUMENT REQUIREMENTS FOR TRAVELERS BEGINNING JUNE 2009
    The Department of Homeland Security's U.S. Customs and Border Protection reminds U.S. and Canadian citizens that travelers will see a change in travel document requirements at the land border on June 1, 2009. On that date the Western Hemisphere Travel Initiative will go into effect at land and sea ports of entry, requiring travelers - including U.S. and Canadian citizens - to present an approved travel document to enter the United States. The approved documents include a passport, a passport card; a NEXUS, SENTRI or FAST trusted traveler program card or a state- or province-issued enhanced driver's license. Travelers under age 16 need to present only a birth certificate or alternative proof of citizenship. Visit GetYouHome.gov for specific information on acceptable documents and how to apply for them. www.GetYouHome.gov (Jan 2009)
  • LEGAL PERMANENT RESIDENTS NOW SUBJECT TO US-VISIT PROGRAM RULES
    Effective January 18, 2009, the Department promulgated a final rule that expanded the US-VISIT program to include aliens seeking admission under the Visa Waiver Program and travelers arriving at designated land border ports of entry. This final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents. Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others. Now, US-VISIT entrants may be required to submit to having DHS collect all 10 fingerprints upon entry. These prints will be compared to the Federal Bureau of Investigation's (FBI) criminal data and enables DHS to check visitors' fingerprints against latent fingerprints collected by Department of Defense (DOD). US-VISIT will provide biometric identification services to agencies throughout federal, state and local government. (Jan 2009)
  • USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO
    U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrant may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year. The TN nonimmigrant classification is visa category available to eligible Mexicans and Canadians with at least a bachelor's degree or appropriate professional credentials that work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA). Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers. (10/08)
  • SEVEN NEW COUNTRIES ELIGIBLE FOR VISA WAIVER ENTRY
    Seven countries -- the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea -- that have met the requirements to be admitted to the United States Visa Waiver Program. Soon the citizens of these nations will be able to travel to the United States for business or tourism without a visa. (10/08)
  • U.S. CONSULATE IN CIUDAD JUAREZ, MEXICO MOVES
    The U.S. Consulate in Ciudad Juarez has been in overdrive for the past few months preparing for its move to its larger new consular facility in November. They have been processing about 800 immigrant visa cases and 700-800 nonimmigrant cases per day. Immigrant visa files not scheduled for interview between now and the move date have already transferred to the new facility in preparation for opening so there may be a delay if they need to bring a file back. November 6, 7, 10, and 11, the post will be closed while they move. They will start operations back up gradually from November 12 to 14. Following a Mexican holiday on November 17, they expect to be back up to full steam on November 18. (11/08)

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