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U.S. Immigration and Customs Enforcement, on May 27, 2021, issued its interim guidance on civil immigration enforcement priorities, giving prosecutors more discretion to decide which immigration cases to pursue. Attorneys of the Office of the Principal Legal Advisor (OPLA) are responsible for initiating removal proceedings against a person based on the factors outlined in the …
The Office of the USCIS Ombudsman issued its 2021 Annual Report for calendar year 2020. In it, the Ombudsman’s office has identified many operations issues including those faced by foreign nationals who have filed to remove conditions on their residence. The report discussed USCIS long delays in processing petitions to remove conditions on residence which …
USCIS has begun exercising case-by-case discretion in waiving in-person interviews for certain adjustment of status applicants. As background, on October 1, 2017, and onward, the prior administration began requiring that all adjustment of status applications based on employment be interviewed prior to adjudicating each application. By mid-2021, USCIS is exercising its discretion to waiver such …
The U.S. Department of Homeland Security (DHS) announced that federal agents will now have limited power to make arrests in or near courthouses for most immigration violations. New guidance issued on April 27, 2021, specifies the circumstances in which agents from the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) …
The Congressional Research Service (CRS) issued a report on April 9, 2021, discussing the citizenship and immigration status of the foreign-born population in the United States. Data from 2019 shows that nearly 45 million foreign-born individuals are living in the country, accounting for around 13.7 percent of the U.S. population. The report noted that the …
The Government Accountability Office (GAO) on February 26, 2021, released a report discussing the U.S. Immigration and Customs Enforcement (ICE) efforts and objectives in expanding the 287(g) program. The watchdog Congressional office also issued three recommendations to ICE to address various oversight and performance issues. As background, the 287(g) program allows ICE to establish agreements …
The Congressional Research Service (CRS) released a report on February 2, 2021, that examines the Trump Administration’s zero tolerance immigration enforcement policy and the resulting separation of children from parents at the U.S.-Mexico border. As background, on May 7, 2018, the Department of Justice (DOJ) enacted a zero-tolerance policy to deter illegal border crossings into …
President Trump signed a memorandum instructing Secretary of State Mike Pompeo to determine whether to designate Antifa as a terrorist organization. The memo was issued on January 5, 2021, with the intent to restrict the movements of any migrants linked to the extreme anti-fascist movement and bar them from entering the United States. Trump urged …
On November 12, 2020, the Congressional Research Service (CRS) published a report that examines searches and seizures at the U.S. border in relation to the Fourth Amendment. The Department of Homeland Security (DHS) delegates to federal officers broad authority to conduct searches of persons and property at the border. This power, though, is not unlimited. …
The Trump Administration has announced significant rule changes that restrict use of the H-1B visa program. The Department of Labor (DOL) and the Department of Homeland Security (DHS) issued two new interim final rules, which have bypassed normal regulatory procedures by forgoing the conventional public comment period. The DOL’s new rule, which took effect upon …
