This Week in Immigration - American Immigration Council

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Updated: 1 hour 27 min ago

DHS Issues New Guidance for Government Attorneys in Immigration Court Proceedings

June 9, 2021 - 18:37

U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) issued a new memorandum on May 27 that provides guidance on how its attorneys can and should exercise prosecutorial discretion. In the memo, which was made public on Friday, the lead government attorney for the Department of Homeland Security (DHS) in immigration […]

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Supreme Court Denies TPS Holders a Chance at Permanent Status

June 8, 2021 - 18:17

In a unanimous decision, the Supreme Court ruled this week in Sanchez v. Mayorkas that people with Temporary Protected Status (TPS) who entered the United States unlawfully are ineligible to obtain a green card in most cases. The decision has a devastating effect on thousands of long-time TPS holders who are now left without the […]

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New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court

June 3, 2021 - 18:03

The Department of Homeland Security (DHS)  and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking families. The goal of this new “rocket docket” is to complete most new cases within 300 days. A previous rocket docket implemented by the […]

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Supreme Court Rejects Two Ninth Circuit Decisions That Protected Immigrants

June 2, 2021 - 17:22

In two unanimous decisions, the Supreme Court has rejected rules that provided protections for immigrants. The rejected rules came from the U.S. Court of Appeals for the Ninth Circuit, a court with a reputation as a liberal stronghold. It is the largest of all the federal courts of appeals. In United States v. Palomar-Santiago, the […]

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Biden’s First Budget Is A Missed Opportunity to Overhaul Immigration Enforcement

June 1, 2021 - 17:42

President Biden released the first budget proposal of his presidency on May 29, a landmark for any new president. A presidential budget generally reflects the goals of the administration and can provide an important roadmap for the future. Unfortunately, despite calls for a serious rethinking of the role of the Department of Homeland Security (DHS) […]

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Government Watchdog Finds Hundreds of Parents Separated by Trump Never Given Opportunity to Reunify

May 27, 2021 - 15:43

The Department of Homeland Security’s Office of Inspector General (DHS OIG) recently found that the Trump administration deported as many as 348 parents that had been separated from their children without ever giving them an opportunity to reunify with their children. The blistering new report tracks deportations throughout 2017 and 2018 during the prior administration’s […]

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Lawsuits Challenge Change to H-1B Lottery Selection That Would Hurt Small Businesses, Start-ups

May 26, 2021 - 19:42

Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection to be conducted by salary level. A range of industries—from health care to higher education—that employ U.S. and H-1B workers are concerned about the radical […]

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Haitian Nationals Win a Reprieve in the Form of TPS

May 26, 2021 - 15:58

The Biden administration announced that eligible Haitians currently living in the United States can once again apply for Temporary Protected Status (TPS). Those individuals who qualify for TPS can live and work in the United States for a period of 18 months. The Trump administration tried to end TPS for Haitians in 2017 but multiple […]

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ICE Spread COVID-19 Across the Country, Not Just in Immigration Detention Centers

May 26, 2021 - 10:52

U.S. Immigration and Customs Enforcement (ICE) mishandled the coronavirus outbreak in detention centers so badly that it not only lead to horrific conditions and deaths among people in its custody, it is also responsible for the spread of COVID-19 in surrounding areas. A recent New York Times investigation emphasized that ICE’s practice of transferring thousands […]

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Biden’s Actions on Immigration Enforcement Have Been Inconsistent Since Taking Office

May 20, 2021 - 14:19

The Biden administration inherited an immigration enforcement system devoted to detaining and deporting as many people as possible. During the Trump years, every undocumented immigrant in the country became a target of deportation. Even longtime residents who had minor brushes with the criminal justice system were subject to enforcement actions. A new report from the […]

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It’s Time to End Title 42

May 19, 2021 - 19:19

One policy first created by the Trump administration is responsible for the greatest restriction on access to our immigration system for asylum seekers than any other. It provides no meaningful opportunity for people caught in the policy to request humanitarian protection. Yet four months into the Biden administration, this policy is still in effect. The […]

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Biden Administration Revokes Trump’s Health Insurance Visa Ban

May 18, 2021 - 17:13

President Biden revoked a proclamation issued by former President Trump in 2019 that required nearly all prospective immigrants to demonstrate that they would be covered by private health insurance or were wealthy enough not to need it. Those needing health insurance would have to be covered within 30 days of entering the United States. This […]

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Controversial Practice of Detaining and Interrogating Immigrant Advocates Included Legal Service Providers in El Paso

May 17, 2021 - 21:29

Newly revealed government documents provide details on the extent of the Trump administration’s retaliation against people who provided legal assistance to asylum seekers at the U.S.-Mexico border. The documents link border interrogations of immigration legal service providers in El Paso in 2019 to similar treatment that journalists and immigrant advocates experienced in San Diego around […]

The post Controversial Practice of Detaining and Interrogating Immigrant Advocates Included Legal Service Providers in El Paso appeared first on Immigration Impact.

First Round of Biden Immigration Judges Fails to Increase Diversity

May 13, 2021 - 18:03

The Biden administration announced its first round of immigration judge appointments on May 6. Unfortunately, the immigration court appointments do not show the commitment to diversity that President Biden has demonstrated in his federal court appointments.  All of the new judges had received conditional offers from the Trump administration. The current administration was under no obligation to continue with the appointments, however. Advocates expressed disappointment in the hires and lack of balanced […]

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Another Trump Barrier Broken as DHS Withdraws Two Proposed Rules for Limiting Access to Legal Immigration

May 12, 2021 - 20:45

The Department of Homeland Security (DHS) recently withdrew two rules proposed by the Trump administration. On the surface, it seems they have nothing in common: a proposed expansion in collecting biometrics and the proposed end to a program for foreign entrepreneurs to develop new ventures in the United States. But the withdrawals had a common […]

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As US Birth Rate Declines, Programs Like Social Security Need Immigration to Survive

May 11, 2021 - 14:54

Birth rates are falling in the United States at the same time more Americans are reaching retirement age. Together, these two trends present enormous economic challenges for the nation. A growing number of retirees are leaving the labor force and relying on programs like Social Security and Medicare. But there aren’t enough younger workers able […]

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It’s Time for Real Alternatives to Immigration Detention

May 7, 2021 - 18:59

Every year the U.S. government locks up thousands of non-citizens in a prison system few Americans know about—the immigration detention system. Though immigration detention is termed “civil” rather than criminal, in practice it is no different from criminal detention and is rife with abuse and neglect. The pandemic has made it more dangerous than ever […]

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Biden Administration Begins Reuniting the First of Thousands of Migrant Families Still Separated

May 5, 2021 - 17:46

Four families separated under the Trump administration will be reunited this week, the Department of Homeland Security (DHS) announced. They will be the first families to be reunited thanks to the efforts of the Family Reunification Task Force, launched by the Biden administration in February. It’s estimated that over 1,000 children are still separated from […]

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Biden Moves to End Trump’s War on ‘Sanctuary Cities’

May 4, 2021 - 17:06

The Biden administration has ended a Trump-era policy of denying so-called sanctuary cities from receiving certain forms of federal funding. The policy had been used in retaliation against local and state governments who did not cooperate fully with federal immigration enforcement. Many courts had already ruled against these funding restrictions. There is no set definition […]

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Supreme Court Rejects Government Practice of ‘Notice-by-Installment’ in Niz-Chavez v. Garland

April 30, 2021 - 18:32

The U.S. Supreme Court ruled this week in Niz-Chavez v. Garland that immigration law requires the government to give noncitizens complete notice about the initiation of their immigration court case at one time. The April 29 ruling denounces the government’s current practice of providing necessary information over time and in multiple documents, which can lead […]

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