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The United States Department of Justice (DOJ) has attracted criticism for defending a controversial 2020 executive order that prohibited some asylum seekers from being able to enter the country. This policy, which was implemented during the early stages of the COVID-19 epidemic, was put into place allegedly to prevent the spread of the disease, but critics say it has been harmful to asylum seekers. In a recent court case, the DOJ has defended the policy, arguing that it remains necessary to limit the spread of infection in immigration facilities. Continue reading “DOJ Defends Asylum Seeker Expulsions Under Public Health Order”
Category: Immigration Law
Supreme Court to Rule on Bail Hearings for Detained Immigrants
The United States Supreme Court has heard arguments in two cases involving immigrants that have been detained without a bail hearing for prolonged periods of time. The Court is weighing in on whether or not such prolonged detentions without a hearing are legal, and whether these immigrants are entitled to a hearing. While the arguments concern these two cases specifically, the Court’s ruling could impact thousands of immigrants currently being detained by American immigration authorities.
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USCIS Reverts to Prior Derivative Asylee Interview Policy
In accordance with two recent executive orders, the United States Customs and Immigration Services (USCIS) will be reverting to its previous policy for interviewing “derivative asylees,” people who immigrate with their family members when they seek refugee or asylum status. This shift back to the old policy will significantly reduce the strain on the immigration system, helping to speed up the process for relatives of refugees and asylees seeking to join their loved ones in the United States. However, some people will still need to interview to be considered a derivative asylee.
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Case Quotas Policy Ended by Department of Justice
The Department of Justice (DOJ) has announced that a “case quota” policy, put into place during the previous presidential administration, has been rescinded. This policy forced judges to dispose of cases much more quickly than they might have wanted, potentially leading to unjust outcomes. With the case quotas policy rescinded, judges are now less pressured to give final judgments on cases that may deserve closer scrutiny, helping to protect immigrants from potential injustice.
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DHS Announces New Guidelines for Immigration Enforcement
The Secretary of Homeland Security, Alejandro Mayorkas, has announced new standards for the enforcement of immigration law in the United States. These new standards will focus the Department of Homeland Security (DHS) so that it takes into account the totality of an immigrant’s circumstances when deciding whether to take an enforcement action against them. These new standards will go into effect on November 29, 2021.
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CDC Requires COVID-19 Vaccinations for Immigration Applicants
The U.S. Center for Disease Control (CDC) has issued a new rule that will require anyone seeking permanent residency status or any immigrant visa to be fully vaccinated. This new rule is set to go into effect as of October 1, 2021, and will apply to both people currently living in the United States as well as anyone applying for an immigrant visa abroad. This new rule is aimed at curtailing the spread of the coronavirus, which continues to be a serious public health issue across the world.
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US Citizenship Extended to Children Born From ART
United States Customs and Immigration Services (USCIS) has announced that it is revising its definitions for whether a child would be considered a citizen based on their parentage. The new definitions will now extend to children who are born with Assisted Reproductive Technology (ART), allowing them to gain American citizenship from their parents. For some children, this will allow them for the first time to obtain American citizenship they would have had previously if they were not born through ART. Continue reading “US Citizenship Extended to Children Born From ART”
Federal Judge Rules DACA Unconstitutional
A federal court judge has ruled that the Deferred Action for Childhood Arrivals (DACA) program is unconstitutional, putting it and every immigrant that has benefitted from it into jeopardy. The ruling, issued on Friday, July 16, may potentially impact thousands of people who would otherwise have been eligible for DACA protection. However, it is not necessarily over yet for DACA, as the decision may yet be appealed. Continue reading “Federal Judge Rules DACA Unconstitutional”
HHS Set to Use Pandemic Funds for Unaccompanied Children
The Department of Health and Human Services (HHS) has announced that money originally allocated for dealing with the pandemic will be reallocated to assist with pandemic-related issues involving unaccompanied migrant children. The move will reallocate around $860 million to deal with additional costs related to helping unaccompanied children who came across the border before and during the pandemic. This is intended to help ensure their safety, and pay for additional costs for sheltering them. Continue reading “HHS Set to Use Pandemic Funds for Unaccompanied Children”
POTUS Restores Prosecutorial Discretion in Immigration Cases
In a recently issued memorandum, President Biden restored the prosecutorial discretion of immigration attorneys working for Immigration and Customs Services (ICE). The memo restores the ability of ICE attorneys to prosecute or administratively close cases, and urges them to consider “humanitarian factors” that might impact the case. This memo comes at a time when an unprecedented number of immigration cases now sit before courts across the country. Continue reading “POTUS Restores Prosecutorial Discretion in Immigration Cases”
