Law360 (September 1, 2020, 3:59 PM EDT) — The Trump administration has asked the U.S. Supreme Court to weigh in on a split Ninth Circuit ruling that detained asylum-seekers are entitled to bond hearings, arguing that the lower court incorrectly concluded that the asylum-seekers have a constitutional right to the proceedings.The federal government said that unauthorized immigrants in the U.S. don’t have a constitutional right to bond hearings, regardless of whether they seek asylum and establish that they have credible fear of returning to their home countries, such as the immigrants in this case.The high court has ruled in numerous cases that unauthorized immigrants don’t have due…

Read More

Trump administration Ex-White House chief of staff questioned Trump’s character and ethics after Mattis attacked president for his conduct in office Donald Trump and John Kelly at the White House in Washington DC on 5 October 2017. Photograph: Yuri Gripas/Reuters The former White House chief of staff John Kelly has said Americans should “look harder…

Read More

Law360 (March 6, 2020, 9:30 AM EST) — The Trump administration finalized its policy on Friday to collect DNA from detained migrants, allowing the government to move toward expanding its existing pilot program that began at the border early this year.The rule, which takes effect in April, will require the U.S. Department of Homeland Security to collect DNA samples from hundreds of thousands of detained migrants each year and input them into the federal government’s criminal database, which could then be searched against DNA information found at crime scenes.“Today’s rule assists federal agencies in implementing longstanding aspects of our immigration laws,” Deputy Attorney General Jeffrey A. Rosen said…

Read More

WASHINGTON—U.S. Citizenship and Immigration Services today announced a proposed rule to deter aliens from illegally entering the United States and from filing frivolous, fraudulent or otherwise non-meritorious asylum applications in order to obtain employment authorization.
The proposed rule will better allow USCIS to extend protections to those with bona fide asylum claims. USCIS also seeks to prevent certain criminal aliens from obtaining work authorization before the merits of their asylum application are adjudicated.
The proposed rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System, which emphasizes that it is the policy of the United States to manage humanitarian immigration programs in a safe, orderly manner and to promptly deny benefits to those who do not qualify. Nothing in this rule changes eligibility requirements for asylum. Instead, this rule strengthens the standards that allow an alien to work on the basis of a pending asylum application.
“Our immigration system is in crisis. Illegal aliens are gaming our asylum system for economic opportunity, which undermines the integrity of our immigration system and delays relief for legitimate asylum seekers in need of humanitarian protection,” said Acting Director Ken Cuccinelli. “USCIS must take steps to address pull factors encouraging aliens to illegally enter the United States and exploit our asylum framework. These proposed reforms are designed to restore integrity to the asylum system and lessen the incentive to file an asylum application for the primary purpose of obtaining work authorization.”
As directed by the presidential memorandum, USCIS proposes to:

Prevent aliens who entered the United States illegally from obtaining work authorization based on a pending asylum application, with limited exceptions; and

Automatically terminate employment authorization when an applicant’s asylum denial is administratively final.

Additionally, USCIS proposes to:

Clarify that an asylum applicant’s failure to appear for a required appointment may lead to dismissal of their asylum application and/or denial of their application for employment authorization;

Prevent aliens who fail to file their asylum application within one year of their latest entry as required by law from obtaining work authorization; and

Render any alien who has been convicted in the United States of any federal or state felony, or convicted of certain public safety offenses involving child abuse, domestic violence, or driving under the influence of drugs or alcohol, ineligible for employment authorization.

Unresolved arrests or pending charges may result in the denial of the application for employment authorization as a matter of discretion.
For more information, read the notice of proposed rulemaking that publishes in the Federal Register on Nov. 14. The comment period ends on Jan. 13, 2020.
For more information on USCIS and our programs, please visit or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).

Read More

WASHINGTON — Today, U.S. Citizenship and Immigration Services announced beginning on Dec. 2, it is adjusting the fee to request premium processing for certain employment-based petitions.
The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. This increase, which is done in accordance with the Immigration and Nationality Act, reflects the full amount of inflation from the implementation of the premium processing fee in June 2001 through August 2019 based on the Consumer Price Index for all Urban Consumers (CPI-U). USCIS last increased the fee in 2018.
Premium processing is an optional service currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of these forms if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It cannot be waived.
For more information on USCIS and its programs, please visit or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

Read More