State Department, June 2, 2023 "On June 17, 2023, the nonimmigrant visa (NIV) application processing fee for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based...
EOIR, June 5, 2023 " EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR) OFFICE OF POLICY ATTORNEY 5107 LEESBURG PIKE FALLS CHURCH , VA 22041 UNITED STATES ...
Cyrus D. Mehta, Kaitlyn Box, June 5, 2023 "The new ETA 9089 form has gone into effect and DOL stopped using the old version of the form on the evening of May 31, 2023. The new form does not have...
Cyrus Mehta, May 29, 2023 "I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf...
Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment...
Colorado v. DOJ
"This case concerns the ability of Defendant the U.S. Department of Justice (“DOJ”) to attach certain immigration-related conditions to federal grant funds provided to state and local law enforcement under the Edward Byrne Memorial Justice Assistance Grant (“Byrne JAG”) program. Plaintiff the State of Colorado (“Colorado” or “the State”) received Byrne JAG funding every year from the program’s inception through 2017. For the 2018 fiscal year (“FY”), however, DOJ refused to disburse these funds to Colorado after the State objected to conditions and certifications related to the enforcement of federal immigration law. Colorado filed suit, joining a host of other state and local governments that have challenged DOJ’s immigration-related grant conditions as unlawful. ... By imposing conditions on Byrne JAG grants for which it has no statutory authority, DOJ has exceeded the power carefully delegated to it by Congress to administer that program. For the reasons detailed below, I find the challenged conditions unlawful. ... Every district court that has examined the issue, as well as the First, Third, and Seventh Circuits, has rejected DOJ’s argument that it is statutorily authorized to impose the notice and access conditions. ... Additionally, several district courts have held that 8 U.S.C. §§ 1373 and 1644, and the conditions and certifications based thereon, violate the Tenth Amendment. ... I find that 34 U.S.C. §§ 10153 and 10102 do not grant DOJ the power to condition the receipt of Byrne JAG grants on compliance with the FY 2018 immigration-related conditions. Because Congress did not authorize DOJ to impose the challenged conditions, the conditions are ultra vires and violate the separation of powers doctrine. ... In sum, the challenged conditions violate the Spending Clause as neither the statutory authority for nor the scope of the conditions is sufficiently unambiguous to enable Byrne JAG applicants “to exercise their choice knowingly, cognizant of the consequences of their participation.” ... In all, I find that the challenged conditions exceed DOJ’s statutory authority and violate the separation of powers doctrine, the Spending Clause, and the APA."