On day one, President Biden wasted no time in sending an immigration reform bill to congress. The bill provides as follows: Allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, […]
The Texas, New Mexico, and Oklahoma Chapter of AILA welcomes our new President Joe Biden and Madame Vice President Kamala Harris! President Biden began his administration with many immigration related actions. Following is a short list of day one immigration actions: A proclamation revoking discriminatory bans on entry to the United States. An executive order […]
Late in his last full day of office, former President Trump issued a Memorandum granting Deferred Enforced Departure to Venezuelans who were present in the U.S. on January 20, 2021. This announcement, requested for over a year, comes as he leaves office. The intent behind the prospective timing is questionable as it immediately caused a […]
With just before the rule became effective, District Court in Washington, DC enjoined the most parts of the EOIR fee increase on a nationwide basis. Accordingly, fees will stay the same for the following applications, motions, and appeals: BIA appeals from IJ decision (EOIR-26) BIA appeals from decision of DHS officer (EOIR-29) BIA motions to […]
The Acting Attorney General issued an opinion to provide additional clarity on asylum cases involving applicants who claim persecution by non-government actors on account of an applicant’s membership in a particular social group and remanded to the Board to issue a new opinion consistent with this opinion. Matter of A-B- 28 I&N Dec. 199 (A.G. 2021) Matter […]
USCIS issued policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA §245) or 8 CFR 274a.12(c)(14) (grant of deferred action). USCIS is also providing guidance outlining the categories of individuals eligible for discretionary employment authorization. Comments are due February […]
The Policy Manual provides stakeholders with access to all of EOIR’s policies in a single resource, and includes the Immigration Court and Board of Immigration Appeals Practice Manuals, the Office of the Chief Administrative Hearing Officer Practice Manual, and all current agency policy memoranda. The Policy Manual will be regularly updated, and the most current […]
Several plaintiff groups, including CLINIC, Florence Immigration Project, and the National Immigrant Justice Center, filed suit against the EOIR and DOJ, alleging the agency’s rule, entitled Appellate Procedures and Decisional Finality in Immigration Proceedings, Administrative Closure, was unlawfully issued. Plaintiffs argue that the rule was issued without authority and without effective comment period. The regulation […]
Judge James Donato of the U.S. District Court for the Northern District of California preliminarily enjoined the government from implementing, enforcing, or applying the final rule issued by DHS and DOJ on 12/11/20 titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review” or any related policies or procedures, including the […]
The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests.
Please follow the link to provide examples of H-1B Cap-Subject Petitions that have been rejected for failing to list an October 1, 2020 start date. Your assistance is greatly appreciated. Call For Examples: H-1B Cap-Subject Petitions Rejected or Denied for Failure to List an October 1, 2020, Start Date Posted 1/7/2021 AILA has received reports […]
An advance copy was made available of a USCIS final rule creating a wage-based selection process for H-1B registration. The final rule will be published in the Federal Register tomorrow, January 8, 2021, and will be effective 60 days from the date of publication.
The court reversed the district court injunction of the Healthcare Proclamation (PP 9945), which requires immigrant visa applicants to demonstrate they can acquire health insurance within 30 days of entry or have the ability to pay for their foreseeable healthcare costs. Note: The injunction of Presidential Proclamation 9945 will remain in place until the mandate […]
On 12/31/20, President Trump issued Proclamation 10131 continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until 3/31/21.
On December 23, 2020, without a public announcement, EOIR made significant changes to the Immigration Court Practice Manual. Most of the changes are made to reflect those ordered in the Enhanced Case Flow Processing Memorandum, however, there were also changes to general filing deadlines for represented individuals. Some changes include: -Added Changes from Enhanced Flow […]
On Monday, December 28, 2020, USCIS filed an unopposed Motion for Voluntary Dismissal in its appeal of the decision in ILRC v. Wolf. This was the law suit challenging the agency’s new fee schedule. Because USCIS now concedes its challenge to the decision enjoining the new fee schedule, the prior decision will remain in effect […]
USCIS and EOIR issued a joint final rule permitting a bar to asylum when an individual can be considered a public health danger. Namely, it amends existing regulations to clarify that in certain circumstances there are ‘‘reasonable grounds for regarding [an] alien as a danger to the security of the United States’’ or ‘‘reasonable grounds […]
On December 18, 2020, EOIR issued a final rule increasing the fees for filing, effective January 19, 2021. Fee increases are as follows: Fee for Form EOIR-26 increased from $110 to $975. Fee for Form EOIR-29 increased from $110 to $705. Fee for Form EOIR-40 increased from $100 to $305. Fee for Form EOIR-42A increased […]
On December 18th, the DHS announced that the United States and Honduras have concluded the implementation accords for the Asylum Cooperative Agreement, under which certain migrants requesting asylum or similar humanitarian protection at the border will be transferred to Honduras to seek protection in Honduras. Also last week, DHS announced that El Salvador has also […]
The Immigrant Legal Resource Center has published a new Practice Advisory on the Immigration Consequences of Texas Assault under TX Penal Code, Section 22.01. The advisory is geared toward immigration attorneys representing or advising clients with assault charges or convictions, and it provides tips for mitigating immigration consequences of TX assault offenses in criminal proceedings. […]