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News Excerpts From the April 1, 2014, Bender’s Immigration Bulletin

DHS Issues Final Regulations on Sexual Abuse in Detention Centers | On March 7, 2014, the Department of Homeland Security issued a long-awaited set of final regulations applying standards required under the Prison Rape Elimination Act Standards to immigration detention centers. Among other provisions...

News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers to noncitizens who the agency has “reason...

News Excerpts From the May 1, 2014, Bender’s Immigration Bulletin

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

News Excerpts From the May 15, 2014, Bender’s Immigration Bulletin

USCIS Issues New Guidelines on Credible Fear Interviews On February 28, U.S. Citizenship and Immigration Services issued new guidelines for asylum officers charged with determining whether applicants possess credible fears of persecution or torture in their home countries. According to a memorandum...

News Excerpts From the June 1, 2014, Bender’s Immigration Bulletin

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the July 15, 2014, Bender’s Immigration Bulletin

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

News Excerpts From the Aug. 15, 2014, Bender’s Immigration Bulletin

New USCIS Director Testifies Before Congress | On July 29, Leon Rodriguez, the new director of U.S. Citizenship and Immigration Services, testified at an oversight hearing before the House Judiciary Committee. Rodriguez became USCIS director on July 9. In his written testimony, available at http...

News Excerpts From the Sept. 1, 2014, Bender’s Immigration Bulletin

Humanitarian Assistance for Nationals of Guinea, Liberia and Sierra Leone in U.S. On August 15, U.S. Citizenship and Immigration Services announced relief measures available to nationals in the United States from those West African countries caught in the throes of the Ebola outbreak. Immigration...

News Excerpts from the Sept. 15, 2014, Bender’s Immigration Bulletin

DHS Settles Lawsuit over Coerced Voluntary Departures In August, the Department of Homeland Security agreed to settle a lawsuit filed on behalf of nine Mexican citizens alleging they were forced to “voluntarily” depart the country instead of having a hearing before an immigration judge...

News Excerpts From the Oct. 1, 2014, Bender’s Immigration Bulletin

California Housing and Employment Department Issues New Guidelines on U Visas | On September 10, 2014, the California Department of Fair Employment and Housing issued a directive expanding the grounds for which it will provide certifications to noncitizens seeking U nonimmigrant status. The Department...

News Excerpts From the October 15, 2014, Bender’s Immigration Bulletin

White House Releases Refugee Ceilings for FY 2015 | On September 30, 2014, the White House released a presidential memorandum capping the number of refugee admissions at 70,000 for the upcoming fiscal year and authorizing citizens of some countries to seek refugee status from inside their countries...

News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

News Excerpts From the Dec. 1, 2014, Bender’s Immigration Bulletin

Executive Action Coverage | On November 20, 2014, the President announced a series of executive actions that will help secure the border, prioritize deporting felons over families, and allow certain undocumented immigrants to temporarily remain in the U.S. without fear of deportation if they pass...

News Excerpts From the Dec. 15, 2014, Bender’s Immigration Bulletin

Administration Takes Executive Action on Immigration | On November 20, 2014, Secretary of Homeland Security Jeh Johnson issued a series of memoranda as part of a much-anticipated “executive action” to remedy problems in the nation’s immigration system. A memorandum entitled...

News Excerpts From the Jan. 1, 2015, Bender’s Immigration Bulletin

Labor Department Ends Use of Employer-Provided Wage Surveys for H-2B Program | Following a major decision from the U.S. Court of Appeals for the Third Circuit, the Department of Labor announced that it will no longer issue prevailing wage determinations for the H-2B program resulting from wage surveys...

News Excerpts From the Jan. 15, 2015, Bender’s Immigration Bulletin

Procedures for H-2Bs Still in Flux | The U.S. District Court for the Northern District of Florida enjoined the Department of Labor’s H-2B labor-certification rule of February 21, 2012, published at 77 Fed. Reg. 10,038. The injunction came in the case of Bayou Lawn & Landscape Services v...

News Excerpts From the Feb. 1, 2015, Bender’s Immigration Bulletin

DHS Weighing Program to Streamline Employment-Based Immigration Requests | On January 15, 2015, the Department of Homeland Security announced the potential launch of a pilot program later this year to streamline adjudications of employment-based immigration requests by known U.S. employers. According...

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin

Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood Arrivals program, finding that the state’s policy...

News Excerpts From the March 1, 2015, Bender’s Immigration Bulletin

Preliminary Injunction Issued in Texas v. United States | Late on February 16, a United States District Court judge for the Southern District of Texas (Brownsville) issued a preliminary injunction temporarily blocking the President’s November 2014 executive action on immigration. Judge Andrew...

News Excerpts From The March 15, 2015, Bender’s Immigration Bulletin

DHS Will Provide Work Authorization to Certain H-4 Spouses | The Department of Homeland Security issued a final rule on February 25, 2015, that will soon allow H-4 dependent spouses of certain nonimmigrants with H-1B status to apply for employment authorization documents. For an H-4 dependent spouse...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

News Excerpts From the April 15, 2015, Bender’s Immigration Bulletin

ICE Announces Safeguards for Releases of Noncitizens with Convictions | On March 18, 2015, U.S. Immigration and Customs Enforcement announced that it would implement additional safeguards prior to releasing noncitizens with criminal convictions from custody. Under the new policy, the discretionary...

News Excerpts From the May 1, 2015, Bender’s Immigration Bulletin

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...