Dear Readers:
Several months in to this Administration, there’s no easy way to characterize the state of play on immigration. The President came in to office with a number of executive orders affecting immigration. Some of the most controversial proposals have ended up in the courts. The Muslim travel ban is the most high profile case and most of you know that the executive order was enjoined (as well as a second version).
Other measures have also been challenged in the courts. The refugee ban has been enjoined by a court in Maryland. And the sanctuary cities order has been challenged in the courts and is currently being considered by a court in San Francisco.
But there are also measures that so far are going unchallenged. President Trump has dramatically increased immigration enforcement and we have seen headlines on a daily basis showing that the President’s promise that enforcement would focus on criminals is not what is happening on the ground. Numerous cases have been reported of individuals who have no criminal history who have been caught up in removal proceedings.
We have also seen great uncertainty surrounding legal immigration programs. The H-4 employment authorization card is facing an uncertain future. The regulation that created that right has been challenged in the courts and the White House is asking the court to postpone on making a decision on the case while the Administration considers its position on the future of the program (and it’s clear many in the White House would like to see it go). The EB-5 visa is up for renewal at the end of this month and it’s also not clear what Congress and the White House will do with the investor program.
And then there is the H-1B program. USCIS suspended premium processing for H-1B cases for up to six months beginning on April 3rd. The agency claims it’s because it needs to catch up on processing backlogged regular processed cases. Some are suspicious that the move was political and an attempt to slow walk H-1B cases in order to punish H-1B employers and make the program less attractive. But regardless of the reason, a report in ProPublica found, shockingly, that all H-1B funds for years have been diverted to funding development of an electronic filing system that never worked – more than $3 billion according to the report.
The one program that has quietly continued with little change – thankfully – is the DACA program for young people. The program surely has enemies in the White House. But so far, extension and new applications continue to be accepted.
We know readers are anxious about the changes and we’re committed to keeping you informed of the changes. We’ll do so in this newsletter, on our Facebook page and on our firm’s various social media pages.
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Readers who would like to consult with a Siskind Susser lawyer are invited to contact us via the web at www.visalaw.com/consultation/ or by calling our office at 901- 682-6455.
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.