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EspanolJACKSON HEIGHTS, N.Y. — The U.S. Supreme Court has cleared the way for the Trump administration to end Temporary Protected Status (TPS) for approximately 350,000 Haitian nationals, a decision that immigration attorney Daniel Drucker says will have immediate consequences for U.S. employers, particularly hospitals and healthcare providers already facing labor shortages.
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Category: Immigration Law
USCIS Wants Green Card Applicants to Apply From Outside US
According to a recent memo from the US Customs and Immigration Services (USCIS), anyone attempting to apply for permanent residency in the United States (more commonly known as a “green card”) may now need to leave the country first. This unusual and unexpected change in existing rules has thrown the current application process into chaos, as people try to figure out if this new policy may impact them. In particular, people who currently have pending applications for permanent residency are now uncertain about whether they will get the approval they might initially have expected.
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Dan Drucker Speaks to Today’s Verdict on Haiti TPS
Daniel S. Drucker, an immigration attorney at the Drucker Law Firm, recently appeared on Today’s Verdict to discuss Haitian TPS and other immigration law topics.
You can view the episode here: https://www.youtube.com/watch?v=VOA2jhlyffk
Federal Court Reinstates TPS For Haitian Immigrants
In a recent ruling by a federal district court, Haitian immigrants were allowed to continue to benefit from Temporary Protected Status (TPS) after it was found that the Department of Homeland Security (DHS) illegally ended the program. The court determined that DHS Secretary Kristi Noem had exceeded her statutory authority by ending the protections early. As a result, more than 350,000 Haitian immigrants will continue to be able to live and work legally in the United States.
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DC District Court Blocks Deportation of Guatemalan Children
The federal District Court in Washington D.C. has temporarily blocked an attempt by the Trump administration to deport as many as 50 Guatemalan children back to Guatemala. Lawyers for the United States government claimed they were simply attempting to reunite children with their families, but lawyers for the children said this was not true, with many of the children facing dangerous circumstances if they return. These deportations are now on hold while the legal fight plays out in the courts.
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New Border Asylum Policy Faces Legal Headwinds
On June 4, President Joseph R. Biden signed an executive order declaring that any noncitizen attempting to cross the southern border of the United States would be turned away unless they presented themselves at a legal port of entry. This policy was put into place to deal with a rising number of undocumented immigrants crossing the southern border, which has begun to overwhelm immigration authorities. Notably, this policy does not exempt people seeking asylum, which led to two separate groups filing a lawsuit, saying that the new policy violates existing immigration law.
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Settlement Reached in Family Separation Case
More than 4,000 families reached a settlement with the Biden administration, according to an agreement filed in federal court on October 16, 2023. This will bring a close to class action litigation against the government for the Trump Administration’s family separation policy, which affected thousands of children who were forcibly taken from their families. This settlement will also allow affected families to remain in the U.S. for three years while receiving housing, mental health care, and legal assistance applying for asylum. Continue reading “Settlement Reached in Family Separation Case”
Biden Administration Proposes “Transit Ban” For Asylum Seekers
The Biden Administration has put forward a proposed rule that, if accepted, would make it significantly harder for some asylum seekers to obtain asylum when they come to the U.S. This rule would prevent anyone who traveled to the United States after passing through another country from seeking asylum, unless they also first sought asylum in those other countries. For many asylum seekers, this “transit ban” could have a negative impact on their ability to obtain asylum and remain in the U.S. legally.
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Senators Discuss Bill to Address Border Security and DREAMers
In a new proposed bipartisan bill, several U.S. senators are looking to find a compromise solution to issues related to border security, as well as help for DREAMers (immigrants who were born outside of this country, but came to the U.S. at a young age.) The bill, if passed, would introduce a number of dramatic changes aimed at reducing the number of immigrants in detention facilities, as well as introduce a potential path to citizenship for undocumented immigrants who came to the United States as children. However, the bill faces an uphill battle to obtain passage, with some members of the House and Senate already announcing their opposition.
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Federal Court Strike Title 42 Rule
In a ruling passed down on November 15, a district court judge struck down Title 42, a pandemic-era policy intended to make it harder for many immigrants to seek asylum in the United States. According to the ruling, the policy was not passed in accordance with the Administrative Procedures Act, making it illegal under federal law. This means that asylum seekers will have an easier time pursuing legal protections when they cross the border into the U.S.
