Dear Readers:
Immigration, as seems to always be the case these last few years, is regularly in the headlines. The issue continues to dominate the presidential contests with Republicans running to the right and Democrats to the left on the issue. Several of the Republicans with more moderate positions on the issue have now dropped out. Jeb Bush and Chris Christie are two of the more recent candidate to depart the race and Lindsey Graham, the most reasonable on the issue, left a few months back. Governor John Kasich is the only unapologetic immigration moderate remaining and he remains a distant fourth in the national polls. Marco Rubio, fighting to be the establishment alternative to Donald Trump, seems to go back and forth on the issue, having once supported comprehensive immigration reform and now trying to sell an enforcement message. Ted Cruz and Donald Trump have been the unabashed anti-immigrant candidates with both calling for tougher immigration enforcement and less legal immigration as well.
In the meantime, Democrats Hillary Clinton and Bernie Sanders both embrace the DACA and DAPA deferred action programs and more generous immigration policies. Sanders has a more troubling immigration record including opposing work visa programs like the H-1B and H-2B visas and voting against comprehensive immigration reform in 2007. He’s largely avoided the subject of legal immigration reform in the campaign so it is difficult to assess where he is on this issue today.
Immigration has also been in the news because of the sudden death of US Supreme Court Justice Antonin Scalia. The DAPA case is being heard by the Supreme Court this spring and the fate of roughly four million people are riding on the decision. Scalia has been seen as a likely vote against the DAPA program (though some say that this assumption was exaggerated). Unlike other cases before the court where a 4-4 tie would effectively work for the President since it would let stand lower court decisions (where most of the circuits are majority controlled by Democrat-appointed judges), the DAPA case was decided against the White House by the still conservative 5th circuit. So the President will need a 5-3 or better decision to win the case. Personally, I think he’s got the votes, but that’s merely my speculating based on similar cases the court has decided in the last few years.
And immigration will be in the news soon as a result of the Visa Bulletin case which is about to reach a critical stage. You may know that I’m co-counsel on the case challenging USCIS’ and DOS’ revocation of the October 2015 Visa Bulletin which suddenly made 10s of thousands of people preparing adjustment of status applications ineligible to file. The government has just filed its motion to dismiss and we’re set to have oral arguments next month. That’s our first time getting a live hearing in front of the judge on the case.
Also look for news on other executive actions. USCIS is arguing to keep its F-1 STEM OPT rule in place and is taking comments on a major I-140/H-1B/EAD proposed regulation. And we could hear soon on the parole for entrepreneurs initiative.
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In firm news, my new book The Physician Immigration Handbook is out. You can order it by going to our web site at https://www.visalaw.com/mdbook. The book provides a comprehensive analysis of all of the immigration issues faced by medical doctors and also contains many helpful resources.
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As always, we invite you to contact us if our firm can be of assistance. Please visit our web page at www.visalaw.com for information on reaching the firm or scheduling a consultation.
Regards,
Greg Siskind
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.