On January 13, 2020, the Trump administration filed an emergency appeal with the Supreme Court to lift a nationwide temporary injunction on the DHS “public charge” rule that was upheld by the Court of Appeals (2nd Circuit) last week.  The public charge rule, published in August 2019, expands the grounds on which the government can deny immigration benefits to various applicants seeking permanent residence (green card) status or work authorization to include those who have received certain public benefits, such as Medicaid, CHIP, and SNAP (see article, “DHS Reinterprets Public Charge”).  The rule gives the government broad discretion to deny an applicant if “at any time”, the applicant would “likely” become a public charge.  A medical condition alone could be enough for an immigration officer to exercise discretion to deny the application.

Continue Reading Trump Files Emergency Appeal with SCOTUS to Lift Public Charge Injunction

In 2018, the Department of Homeland Security (DHS) announced that it will terminate the temporary protected status (TPS) program for nationals of El Salvador on September 9, 2019.  Employment authorization documents (EADs) held by qualifying individuals that expired on March 9, 2018, were automatically extended through September 5, 2018, providing applicants time to apply for

Following the Supreme Court’s recent decision to allow the partial implementation of Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States” (“EO”), the State Department issued a cable to all diplomatic and consular posts instructing them how to implement the EO, which begins tonight at 8:00 PM EDT.  The ban

The Ninth Circuit has just issued a unanimous opinion upholding the Temporary Restraining Order against the Trump Administration’s Executive Order known as the “Travel Ban.” The 3-judge panel unanimously recognized that without the TRO, the states of Minnesota and Washington were likely to be harmed as parens patriae (i.e., legal protector) for their citizens, and also by damage inflicted on “operations and missions of their public universities and other institutions of higher learning,” and their “operations, tax bases, and public funds.”
Continue Reading Ninth Circuit Unanimously Rejects Reinstatement of Travel Ban

On April 15, 2015, the day its previous order was due to expire, the Federal District Court for the Northern District of Florida extended its permission for the Department of Labor to process H-2B wage and labor certification applications for another month, through May 15, 2015.
Continue Reading Federal Court Allows DOL To Continue H-2B Processing for Another Month in Pérez v. Pérez

On March 20, 2015, the U.S. Department of Labor issued new FAQs providing more details on the latest developments in the ongoing federal court case challenging DOL’s authority to issue and implement regulations for the H-2B temporary worker program.
Continue Reading DOL Issues FAQs On H-2B Processing After Pérez v. Pérez

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) has temporarily shut down its processing of H-2B petitions and the U.S. Department of Labor (DOL) has stopped accepting or processing applications for H-2B prevailing wages and temporary labor certifications due to a Florida federal court’s decision in Pérez v. Pérez.
Continue Reading USCIS and DOL suspend H-2B Processing Following Florida Court Order