CRS Issues Report on Trump Administration’s Zero Tolerance Immigration Policy

CRS Issues Report on Trump Administration’s Zero Tolerance Immigration Policy

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 …

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Trump Memo on Inadmissibility of Antifa Members

Trump Memo on Inadmissibility of Antifa Members

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 …

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CRS Issues Report on the 4th Amendment and Border Searches and Seizures

CRS Issues Report on the 4th Amendment and Border Searches and Seizures

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. …

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Trump Administration Eviscerates the H-1B Program

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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 …

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SDNY Decision First Enjoins USCIS From Enforcing New Public Charge Rules Nationwide; Second Circuit Limits Scope

SDNY Decision First Enjoins USCIS From Enforcing New Public Charge Rules Nationwide; Second Circuit Limits Scope

A New York federal court temporarily blocked U.S. Citizenship and Immigration Services (USCIS) from implementing rules regarding inadmissibility on public charge grounds amid the COVID-19 pandemic. Subsequently, the Second Circuit Court of Appeals limited the injunction only to states within the Second Circuit. On July 29, 2020, the U.S. District Court for the Southern District …

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New CRS Report on the Visa Waiver Program

New CRS Report on the Visa Waiver Program

The Congressional Research Service (CRS) recently issued a report providing updated information about the Visa Waiver Program (VWP). The VWP enables foreign nationals from 39 countries to travel to the United States as temporary visitors for pleasure or business without applying for a visa. The June 29, 2020, CRS report noted a consistent increase in …

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DOJ Settles Discrimination Case With Rhode Island Employer

DOJ Settles Discrimination Case With Rhode Island Employer

The U.S. Department of Justice (DOJ) on June 3, 2020, reached a settlement with a Rhode Island manufacturing business over an immigration-related claim that alleged discrimination and retaliation against a U.S. citizen employee. ChemArt, a company that manufactures ornaments and collectibles, offered the worker a human resources position. The employer then unlawfully asked her to …

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Supreme Court Chastises the 9th Circuit in an Immigration Case

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The U.S. Supreme Court on May 7, 2020, unanimously vacated a 9th Circuit Court of Appeals decision in a case that punishes encouraging illegal immigration for financial gain. The justices found that the federal court of appeals overstepped its authority in declaring the immigration statute unconstitutionally overbroad by going beyond what the defense presented. The …

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CRS Report Addresses the Employment Based Immigration Backlog

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The employment-based immigration backlog for lawful permanent residence in the United States is expected to double by 2030, according to a Congressional Research Service (CRS) report published on March 26, 2020. The report provides an analysis of the projected priority date wait times for three employment-based immigration categories — EB1, EB2 and EB3 — along …

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