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Executive Action on Immigration: Links to All the Memos

Links to all the memos released on Nov. 20-21, 2014 by DHS: Executive Action: Strengthen Border Security Executive Action: Revise Removal Priorities Executive Action: End Secure Communities and Replace it with New Priority Enforcement Program Executive Action: Personnel...

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...

Racial Profiling Banned...Except at the Border

GUIDANCE FOR FEDERAL LAW ENFORCEMENT AGENCIES REGARDING THE USE OF RACE, ETHNICITY, GENDER, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, OR GENDER IDENTITY [T]his Guidance does not apply to interdiction activities in the vicinity of the border, or to protective, inspection, or screening activities...

DOJ Loses Border Turf Battle to DHS Over Profiling

"Outgoing Attorney General Eric Holder expressed disappointment Monday that the U.S. border is exempt from his new racial profiling ban, after the Department of Homeland Security rejected his plan as too risky. ... In a conference call with law enforcement officials Monday afternoon, the attorney...

One of These Things Is Not Like the Others...

Maybe DHS Secretary Jeh Johnson missed this episode of Sesame Street. His November 20, 2014 memo to ICE, CBP and USCIS specifies three tiered priorities for the "Apprehension, Detention and Removal of Undocumented Immigrants." At the top, Priority 1 (threats to national security, border security...

DHS Final Rule for REAL ID-Compliant Driver Licenses, ID Cards

"Pursuant to REAL ID regulations, beginning December 1, 2014, federal agencies may not accept State-issued driver’s licenses or identification cards for official purposes from individuals born after December 1, 1964, unless the license or card is REAL ID-compliant and was issued by a compliant...

Advance Copy of DHS, DOS Notice Seeking Public Input on Modernizing Visa System

"On November 21, 2014, the President issued a memorandum for the heads of executive departments and agencies on the subject of modernizing and streamlining the U.S. immigrant and nonimmigrant visa system for the 21st century. The Memorandum directs the Secretaries of State and Homeland Security...

DHS Inspector General: CBP Drone Program 'Does Not Achieve Intended Results'

"U.S. Customs and Border Protection’s Unmanned Aircraft System Program Does Not Achieve Intended Results or Recognize All Costs of Operations - Although CBP’s Unmanned Aircraft System program contributes to border security, after 8 years, CBP cannot prove that the program is effective...

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...

DHS to Consider 'Known Employer' Program for Canadian Business Travellers

"On January 8, 2015, the Department of Homeland Security is considering a “Known Employer” pilot program to streamline adjudication of certain types of employment-based immigration benefit requests filed by eligible U.S. employers. The “Known Employer” pilot, which the Department...

ACLU / NWIRP Joint Practice Advisory: Conditional Parole

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond "On January 21, 2015, the Department of Homeland Security (“DHS”) filed its brief with the BIA. There, DHS concedes that...

Big Data, Bad Data: Resolving the Tyranny of the Database (William Stock)

"This term, the Supreme Court is considering a case [ Kerry v. Din ] that implicates the doctrine of “consular non-reviewability”–the legal principle that generally, courts in the United States will not review the discretionary decisions of American consular officers if they deny...

DHS OIG on ICE Alternatives to Detention

"According to U.S. Immigration and Customs Enforcement (ICE), the Intensive Supervision Appearance Program is effective because, using its performance metrics, few program participants abscond. However, ICE has changed how it uses the program and no longer supervises some participants throughout...

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...

$82K in Attorney's Fees Awarded to AIC in FOIA Lawsuit: AIC v. DHS

"A D.C. federal judge on Tuesday awarded the American Immigration Council about $80,000 in attorneys’ fees after it prevailed in its bid to get the Department of Homeland Security to turn over information about noncitizens' access to counsel during their interactions with federal immigration...

Relief in Sight for H-2B Visas?

I have read DOL email chatter about a joint DOL/DHS Interim Final Regulation (IFR) to be published by April 30th that would address the crisis flowing from the March 4, 2015 Perez v. Perez decision. Watch this space for further news. DOL and/or DHS may make an announcement soon, perhaps Monday. Meanwhile...

DHS Struggles Under FOIA Backlog

"The U.S. Department of Homeland Security is struggling to keep up with a record-breaking number of open-records requests under the Freedom of Information Act in 2014, a vast majority of which dealt with immigration-related records, according to [an April 8, 2015] report . The DHS said it received...

ICE Deportation Flights Wasting Millions

"ICE Air operated charter flights with empty seats and could have realized cost savings up to $41.1 million upon determining optimum flight capacity." - DHS OIG, Apr. 9, 2015 .

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...

Advance Copy of F-2 / M-2 Final Rule: DHS

"The Department of Homeland Security is amending its regulations under the Student and Exchange Visitor Program (SEVP) to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students. This rule grants school officials...

New Rule Allows F-2 and M-2 Spouses and Children to Engage in Part-time, Post-secondary Academic Study at SEVP-certified Schools

"Today the Department of Homeland Security, U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (“ICE-SEVP”) published a Final Rule amending the regulations regarding who can study while in the U.S. Under the Final Rule, F-2 and M-2 nonimmigrant spouses...

Adjustments to Limitations on Designated School Official Assignment and Study by F–2 and M–2 Nonimmigrants: DHS Final Rule

"The Department of Homeland Security is amending its regulations under the Student and Exchange Visitor Program (SEVP) to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students. This rule grants school officials...

News Excerpt From the June 1, 2015, Bender’s Immigration Bulletin

USCIS Temporarily Suspends Premium Processing for H-1B Extensions | From May 26, 2015 until July 27, 2015, USCIS will suspend premium processing for all H-1B Extension of Stay petitions. During this period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

DHS OIG Report on Streamline

DHS OIG, May 15, 2015 - Streamline: Measuring Its Effects on Illegal Border Crossing

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

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...