February 5, 2017  

Ashwin Sharma interviewed by Global News Canada on Pres. Trump travel ban suspension

Link to Full Article by By Shallima Maharaj, Reporter  Global News

February 4, 2017  

Federal Court Suspends President Trump’s Executive Order banning Muslims and Refugees, CBP & DOS to Resume Business as Usual

On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order prohibiting the federal government from enforcing Sections 3(c) [90-day travel ban on “immigrants and nonimmigrants” from designated countries], 5(a) [120-day ban on U.S. refugee program], 5(b) [prioritization of certain refugee claims], 5(c) [indefinite suspension of Syrian refugee admissions], and 5(e) [case-by-case refugee admissions] of the January 27, 2017 Executive Order on a nationwide basis. All U.S. land and air ports of entry are prohibited from enforcing these portions of the EO until further order from the court.

Customs and Border Protection: The American Immigration Lawyers Association has been advised that all CBP Field Offices have been instructed to immediately resume inspection of travelers under standard policies and procedures. All airlines and terminal operators have been notified to permit boarding of all passengers without regard to nationality.

Department of State: DOS has confirmed that assuming there were no other issues in the case, provisionally revoked visas have been reversed and are valid again.

The Trump administration declared its intention to file an emergency stay of the order “at the earliest possible time.”

February 2, 2017  

DHS OIG: Inspector General Announces Review of Implementation of the President’s Executive Order

The Department of Homeland Security Office of Inspector General (“DHS OIG”) announced late Wednesday that it will review DHS’ implementation of “Protecting the Nation from Terrorist Entry into the United Stated by Foreign Nations” and adherence to court orders and allegations of individual misconduct, initiated due to congressional request and whistleblower and hotline complaints.

Link to PDF

Read More…

February 2, 2017  

America’s Troubled History With Immigrants: A summary of four past Immigration Policies also implemented in the name of “Enhancing Public Safety”

President Trump’s January 25, 2017 Executive Order entitled “Enhancing Public Safety in the Interior of the United States” temporarily suspends all immigration for citizens of seven majority-Muslim countries: Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. 500,000+ U.S. legal permanent residents were initially included in the suspension, but were given back their right to return to the U.S. on January 29, 2017 by way of a special statement by the Homeland Security Secretary John Kelly.  Travelers with previously issued and valid visas were detained at airports and many have been removed. The EO indefinitely halts the processing and acceptance of Syrian refugees and calls for a four-month general suspension of America’s refugee program. Further, the EO cuts the maximum number of refugees that could be accepted to 50,000, less than half of the refugee limit last set by President Obama.

This EO’s purported mission of “Enhancing Public Safety” reminds us of other troubling U.S. Immigration policies our government has introduced and implemented in the past, also in the name of “Public Safety”.  These restrictive immigration policies and laws, some aided by the U.S. Supreme Court’s creative adjudication, kept U.S. citizenship and constitutional protections from most ethnic groups solely on the basis of race, nation of origin or gender. Summarized below are four such nefarious acts and laws aimed at halting immigration and curbing rights:

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February 2, 2017  

USCIS Fact Sheet: Automatic Extensions of EADs Provided by Final Rule

USCIS has issued a fact sheet on the automatic extensions of EADs provided by the “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” final rule, which went into effect on January 17, 2017.  The fact sheet provides additional information to employers and EAD applicants including information regarding I-9 completion.

Link to PDF

 

February 1, 2017  

DOS Notification: Revocation of Visas in Accordance with Presidential Executive Order

DOS directive, dated January 27, 2017, announcing the provisional revocation of all valid nonimmigrant and immigrant visas of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen, with certain limited exceptions.

Link to PDF

Excerpt Below:

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February 1, 2017  

Transcript of Media Availability on Executive Order with Secretary Kelly & DHS Leadership

Via DHS.gov

Release Date:

January 31, 2017

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

WASHINGTON – Today Secretary of Homeland Security John Kelly participated in a media availability alongside U.S. Customs and Border Protection (CBP) Acting Commissioner Kevin McAleenan, U.S. Immigration and Customs Enforcement (ICE) Acting Director Thomas Homan, and DHS Office of Intelligence and Analysis (I&A) Acting Undersecretary David Glawe to discuss the operational implementation of the president’s executive orders. Following is a transcript of their remarks:

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January 31, 2017  

Ashwin Sharma Interviewed on President Trump’s Executive Order on Travel

Ashwin Sharma interviewed on President Trump’s Executive Order on Travel by WJXT’s The Morning Show

January 31, 2017  

No, Zoe Lofgren’s Proposed Legislation Does Not Call For a New Mandatory Minimum H-1B Salary of $132,000

There appears to be widespread confusion, primarily among dozens of Indian news media outlets regarding U.S. Rep. Zoe Lofgren (D-Calif.) introduction of new legislation last week entitled “High-Skilled Integrity and Fairness Act of 2017” that would, among other actions, raise the salary level at which H-1B dependent employer are exempt from attestation requirements to roughly $132,000 and eliminate the Master’s Degree exemption for dependent employers. Most of these news articles are reporting that the minimum mandatory salary paid to an H-1B worker would be increased to $132,000, but this is incorrect.

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January 31, 2017  

The White House Now Apparently Focusing on the Dream Act, H-1B, L-1 and other Skilled/Professional Work Visas

Newley Purnell of the The Wall Street Journal blogged today about the White House’s Plans for H-1B and other Skilled/Professional Work Visas.  The changes are likely to include “Tighter restrictions on skilled worker visas” which could be issued via “both executive action by President Donald Trump and via Congressional moves“.  The article notes that “President Trump could use an executive directive to take steps like ending a provision announced in 2014 that allows spouses of H-1B visa holders [H-4 Spouses] to work in the U.S.” As well, any such changes would be included in a more comprehensive immigration reform effort.

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January 30, 2017  

48 Hours Later, Where Things Stand on the January 27 Executive Order

Via AILA

On January 27, 2017, President Trump issued an Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” People all over the United States are rallying in opposition to this EO and showing their support for all of those individuals affected by President Trump’s EOs. AILA lawyers across the country are showing up en masse to provide legal support to those detained, as well as to families and friends waiting for their loved ones to be released.

Last night, lawyers filed actions across the country to halt the January 27 EO. A federal judge in the Eastern District of New York issued the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the EO. The next decision came out of a federal court in Massachusetts – it went a bit further and barred federal officials from detaining or removing individuals subject to the EO. Two other courts also issued rulings. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to “all legal permanent residents being detained at Dulles International Airport” and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.

Lawyers in the New York case are seeking clarification from the court.

The Department of Homeland Security put out a statement early today stating only that the agency “will comply with judicial orders.”

More clarity was provided by Secretary Kelly of the Department of Homeland Security, who released a press statement this evening clarifying how the EO applies to LPRs: “I hereby deem the entry of lawful permanent residents to be in the national interest.”

January 30, 2017  

What to Do If a Legal Permanent Resident (Green Card Holder) is Asked to Relinquish his/her Green Card and Sign a Form I-407, Abandonment of LPR Status by Customs and Border Protection (CBP)

In a word: Don’t.

Upon returning to the U.S., Legal Permanent Residents (LPR) should not automatically surrender their green cards if asked to do so. An individual does not lose LPR status as a result of time abroad. They remain an LPR until a final order of removal is issued and the government must prove abandonment by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988). Form I-407 must be signed voluntarily and there are no potential negative ramifications for refusing to sign. Neither failure to sign nor abandonment is grounds for detention. Rather, an LPR who refuses to sign Form I-407 must be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.

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January 28, 2017  

Full Text of President Trump’s Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.”

Full Text of President Trump’s Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.”

Link to PDF

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