This Week in Immigration - American Immigration Council

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Updated: 57 min 13 sec ago

A Judge Fully Reinstated DACA, but Dreamers Are Still in Danger

December 7, 2020 - 18:21

A federal judge in New York has overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. DACA temporarily protects certain people without immigration status from deportation and provides them with a work permit. The Trump administration’s previous effort to end the initiative altogether was rejected by the U.S. […]

The post A Judge Fully Reinstated DACA, but Dreamers Are Still in Danger appeared first on Immigration Impact.

National Public Service Campaign Reminds Americans That Belonging Begins with Us

December 4, 2020 - 16:45

Our nation has been stuck in a dangerous “us v. them” mindset for some time now. We also live in a moment where many Americans are exhausted by the politics of division and are looking for an alternative. There is no doubt we need a new way forward where we begin to see each other […]

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How Two Proposed Rules Make It Harder for Immigration Judges to Manage Their Docket

December 3, 2020 - 17:23

The Executive Office for Immigration Review (EOIR) has proposed two rules that would significantly decrease the due process rights of people in immigration court. Both rules would restrict judges’ abilities to manage their dockets and require them to push through cases at breakneck speeds, further transforming the immigration court system into a deportation machine. While […]

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District Court Stops Regulations Restricting the H-1B Visa Category

December 2, 2020 - 18:06

On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and others challenged interim final rules issued by the U.S. Departments of Homeland Security (DHS) and Labor (DOL) impacting the H-1B category. The DOL interim final […]

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The Trump Administration Will Inflict More Damage to the Immigration System Before Leaving Office

December 2, 2020 - 11:27

As the Biden-Harris administration prepares to take office, many anxiously await what immigration policies the Trump administration will finalize in the lead up to Inauguration Day in the form of new regulations, memos, and proclamations. While it may be a “lame duck” period, it is one of the busiest as an administration will do all […]

The post The Trump Administration Will Inflict More Damage to the Immigration System Before Leaving Office appeared first on Immigration Impact.

Who Is Alejandro Mayorkas? The New DHS Secretary Will Spearhead Biden’s Immigration Agenda

December 1, 2020 - 17:29

The incoming Biden-Harris administration has announced its choice for secretary of the Department of Homeland Security: Alejandro Mayorkas. If confirmed, Mayorkas will represent several historic firsts for the department—he will be the first Latino and immigrant to lead DHS. This is a significant departure from the leadership installed at DHS under the Trump administration. His […]

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Talking Turkey: How to Discuss Immigration for Long-Lasting Change

November 23, 2020 - 17:43

While our Thanksgiving dinner tables may look a little different this year, one thing remains the same: Thanksgiving is a time to catch up and reconnect with loved ones. Whether you are doing this by phone, Zoom, or at a social distanced gathering, many of our conversations will reveal that our families and friends hold […]

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Discriminatory Treatment of Haitians Throughout History Informs Current Policy at the US-Mexico Border

November 19, 2020 - 20:35

For years, the Trump administration has argued that limited capacity at ports of entry led to its policy of turning back asylum seekers at the U.S.-Mexico border (the “turnback policy”). But a recent amicus—or “friend of the court”—brief filed in a lawsuit challenging this policy argues that the true justification is racial hostility. In the […]

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Trump Administration Wants to Deny Work Permits to Some People Released From ICE Detention

November 18, 2020 - 19:10

The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because they cannot—or should not—be deported. A stated purpose of this new rule, published by the Department of Homeland Security (DHS), is to encourage people […]

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New US Citizenship Test Makes It Harder for Immigrants to Become Citizens

November 17, 2020 - 17:37

Lawful permanent residents seeking to become U.S. citizens will now be required to take a more difficult and longer citizenship test. U.S. Citizenship and Immigration Services (USCIS) announced the change on November 13. The new test increases the total number of questions from 100 to 128. Applicants will be verbally asked 20 questions and must […]

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Federal Court Invalidates Changes to DACA Because Chad Wolf Was Unlawfully Appointed

November 16, 2020 - 17:59

A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the Department of Homeland Security (DHS)—was not lawfully appointed to his position. The federal judge’s decision may signal that other immigration policies enacted under […]

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USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists

November 13, 2020 - 01:56

U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the H-1B visa category does not […]

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Biden’s Immigration Plan Is a Promising Start in the Work Ahead

November 12, 2020 - 15:50

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  President-elect Joe Biden’s plan on immigration stands in stark contrast to the xenophobic agenda the Trump administration has put forward the last four years. Much of Biden’s plan revolves around […]

The post Biden’s Immigration Plan Is a Promising Start in the Work Ahead appeared first on Immigration Impact.

Making the Case for Ending Immigration Detention

November 11, 2020 - 19:22

Immigration detention was dangerous before President Trump took office four years ago. His policies—coupled with a deadly global pandemic—have only made the situation more dire. Immigration detention has expanded in the past decade, driven largely by large private prison companies such as CoreCivic and GEO Group. These companies’ sole motivation is to maximize their profit […]

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Court Protects Some TPS Holders’ Right to Apply for Green Cards

November 10, 2020 - 16:12

The U.S. Court of Appeals for the 8th Circuit ruled that certain people with Temporary Protected Status (TPS) can apply for green cards without leaving the United States. In Velazquez v. Barr, the Court held that receiving TPS is treated as an “inspection and admission” when someone applies for a green card. These prerequisites are […]

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Immigration Advocates Can Have a Role in Advancing National Unity

November 9, 2020 - 18:31

President-elect of the United States Joseph Biden called for national unity in his victory speech on November 7. He said, “It’s time to put away the harsh rhetoric. To lower the temperature. To see each other again. To listen to each other again. To make progress, we must stop treating our opponents as our enemy. […]

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The Media Is Obsessed With The ‘Latino Vote’ – There Is No Such Thing

November 6, 2020 - 14:51

A major theme of the 2020 election has been how demographic shifts in the American electorate would influence the outcome. Political pundits have given a great deal of airtime to examining the voting patterns of “Latinos” in the United States. Exit polls show that President Trump fared well with Latino voters, particularly in Florida. And […]

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 Hundreds of Cubans Who Cannot Be Deported Face Prolonged Detention

November 5, 2020 - 19:15

As the COVID-19 pandemic continues to rage inside ICE detention centers, hundreds of Cubans who cannot be deported, continue to be detained by U.S. Immigration and Customs Enforcement (ICE). They have exhausted their options in their legal cases but remain detained months after a judge issued a final order of removal. This situation occurs because […]

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ICE Is Targeting ‘Sanctuary’ Cities With Increased Enforcement and Massive Fines

November 3, 2020 - 09:30

In the final run up to the presidential election, the Trump administration has reinvigorated its attacks on undocumented immigrants in the United States by targeting so-called “sanctuary” policies and jurisdictions. These attacks have come in two forms. U.S. Immigration and Customs Enforcement (ICE) officials started to issue fines against undocumented immigrants who have sought “sanctuary” […]

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Trump’s Public Charge Rule Blocked Yet Again in Court

November 2, 2020 - 17:58

The Trump administration’s public charge rule has been blocked nationwide for a third time by a federal judge in Illinois who granted summary judgment against the Department of Homeland Security (DHS) on November 2. The rule, first proposed in 2018, imposed a wealth test on people seeking green cards in the United States. This latest […]

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