USCIS Announces System Outage of E-Verify From March 23 Through March 26 Due to System Updates
United States Citizenship and Immigration Services (USCIS) announced a system outage for system enhancements to E-Verify and E-Verify systems beginning at 12:00 Am on March 23, 2018 and extending to 8:00 AM on March 26, 2018 Eastern times. During the outage, employers will be unable to initiate enrollment, create a case, or make any alterations to any current case in E-Verify. Employees will be unable to resolve Tentative Nonconfirmations (TNCs) with the Department of Homeland Security or the Social Security Administration.
Understanding the significant impact such an outage could have, USCIS has implemented several policies to minimize such impact on both employers and employees alike. USCIS has suspended the “three-day rule” for creating E-Verify cases, extended the time period during which employees may resolve TNCs by two federal working days, and provided two additional federal working days from the date listed on employees’ Referral Date Confirmation to contact the Department of Homeland Security or the Social Security Administration. E-Verify employer agent clients will be provided an additional two federal working days to electronically sign their Memorandum of Understanding (MOU).
Employers will not be allowed to take any adverse action against an employee due to his or her E-Verify case being in interim case status, such as TNC, DHS Verification in Progress, or a Case in Continuance, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify. USCIS informed federal contractors with the Federal Acquisition Regulation (FAR) clause to contact their contracting officer to ask about an extension of the federal contractor deadline.
For more information, view the fact sheet provided by USCIS.
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American Bar Association Files Brief Imploring Department of Justice to Continue to Allow Immigration Judges Authority to Administratively Close Cases
In response to Attorney General Jeff Sessions referring a case to himself for administrative closure, the American Bar Association (ABA) filed a brief with the Department of Justice, urging them not to revoke Immigration Judges’ authority to administratively close cases. Within the brief, the ABA asserts that the power to stay hearings is inherent in all courts, and that immigration courts should be no different. In addition to defending the courts inherent right to close cases, the brief also highlights the practicality of such an ability in terms of case load management. Administrative closure delays cases until they are ready to be heard, allowing for priority to be placed on cases that are ready to be heard and permitting precursory findings such as visa applications or state court cases to conclude, which are essential to immigration cases. Forcing immigrants into immigration court before the conclusion of such findings would deny them the relief to which they are entitled.
For more information, view the full article or the ABA brief.
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Oregon Senate approves Deferred Action for Childhood Arrivals Tuition Plan
The Oregon state Senate passed a bill which removes the requirement that Deferred Action for Childhood Arrivals (DACA) beneficiaries need to present federal identification to demonstrate eligibility for nonresident tuition at state universities. Passing the bill by a 17-10-3 majority, the decision provides clarity on a state level for a group that has been mired in uncertainty on a federal level. The bill removes the language that requires the presentation of federal identification if the student wishes to be eligible to nonresident tuition exemptions. It also provides public universities the ability to offer scholarships, grants, or financial aid to noncitizen students and students who lack permanent residency. The bill will then go to the Oregon House for approval, and if passed will contain an emergency clause ensuring for immediate enactment.
For more information, view the full article.
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U.S. Citizenship and Immigration Services Removes “Nation of Immigrants” From its Mission Statement, Drawing Letter of Concern from Members of Congress
United States Citizenship and Immigration Services, the country’s head agency in charge of granting citizenship made a significant change in the language of its mission statement. The new mission statement very noticeably omitted the phrase, “USCIS secures America’s promise as a nation of immigrants.” The new statement includes the phrase, “U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system.”
Recognizing the tone of this change represents a significant shift in philosophy of the agency, 19 members of Congress led by Representative Brendan Boyle of Pennsylvania felt compelled to compose a letter director of USCIS Francis Cissna urging his reconsideration of the change. While recognizing the veracity of an agency’s prerogative to alter its mission statement, the Congress members also assert the wide-reaching ramifications of such a shift in tone. The letter states, “This change suggests that the agency is ignoring our nation’s heritage by driving a wedge between immigrants and native-born Americans and suggests that the agency does not equally value such individuals under the law. Except for Native Americans, it is factually correct that all Americans descended from people who came from someplace else.”
For more information, view the letter from the members of Congress and the USCIS mission statement.
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United States Senate Confirms New Commissioner of United States Customs and Border Patrol
Kevin McKleenan has been confirmed by the U.S. Senate as the next commissioner of United States Customs and Border Protection (CBP). Since 2006, McKleenan has served in CBP leadership first as Port Director for Los Angeles Airport, then as acting Assistant Commissioner of CBP’s Office of Field Operations. In 2014, McKleenan went on to become Deputy Commissioner until his appointment as acting Commissioner in 2017.
As acting Commissioner, McKleenan’s most notably implemented the Travel Ban, oversaw development of prototypes for the “border wall” construction, and sought expansion of the number of border patrol officers. There are also numerous lawsuits that were filed against the agency under McKleenan’s leadership as acting Commissioner, including claims of turning away asylum seekers, separating families at the border, and referring asylum seekers to criminal prosecution.
For more information, view the full article.
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