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DHS EXTENDS TEMPORARY PROTECTED STATUS FOR SOMALIA AND YEMEN

Earlier this month, Secretary of Homeland Security Jeh Johnson announced his re-designation and 18-month extension of Temporary Protected Status (TPS) for Yemen. DHS originally designated Yemen for TPS in September, 2015, on the basis that the ongoing armed conflict occurring within the country posed a threat to persons returning there. In re-designating the country for TPS, Secretary Johnson has recognized that threat to persist. The extension takes effect on March 4, 2017, and will last through September 3, 2018.

To extend TPS coverage, current  beneficiaries must re-register during the 60-day period that runs from January 4, 2017, through March 6, 2017. Re-registrants are also able to apply for a new Employment Authorization Document (EAD) during this period, and the validity of all current TPS Yemen EADs with an expiration date of March 3, 2017, will be extended through September 3, 2018. Yemeni nationals (and persons without nationality who last resided in Yemen) who do not currently have TPS may apply during the 180-day registration period that runs from January 4, 2017, through July 3, 2017.

​DHS has also extended TPS for Somalia, thereby allowing eligible Somali nationals (and persons without nationality who last resided in Somalia) to retain an additional 18 months of protected status, so long as they otherwise remain eligible. The extension will take effect on March 18, 2017, and will expire September 17, 2018. Individuals who have already been granted TPS under a previous designation may re-register during the 60-day period which runs from January 17, 2018, through March 20, 2017, and may also apply for a new EAD. Current EADs with an expiration date of  March 17, 2017, will now remain valid through September 17, 2017.

Somalia was initially designated for TPS in 1991, on the basis of “extraordinary and temporary conditions” preventing Somali nationals from returning to Somalia safely. In re-designating the country for TPS, DHS stated that though the Somali government “has made some progress,” instability and armed conflict persist such that the conditions for TPS continue to be met. This instance marks the tenth time that Somalia has been re-designated for TPS.

by SCwpadmin SCwpadmin 50 Comments

U.S. Ends Special Immigration Policies for Cuban Migrants

In an attempt to further normalize U.S.-Cuban relations, the Obama administration has announced the end to two special immigration policies directed toward Cuban migrants. The first of the scrapped programs allowed Cuban nationals who made it to dry land in the U.S. to remain and apply for permanent resident status without receiving a visa. The so-called, “wet foot, dry foot” policy  began under the Clinton administration in 1995 as a means of addressing the wave of Cuban migrants picked up by the U.S. Coast Guard while attempting to reach Florida. The program, however, has been heavily criticized by the Cuban government for encouraging outward migration from the island country, and has been criticized by other foreign governments for granting preferential treatment to Cuban migrants. In addition to eliminating the path to legal resident status for Cuban migrants on U.S. soil, the Department of Homeland Security also eliminated an exemption for Cuban nationals from expedited removal proceedings when apprehended near the border or at ports of entry.

The other special Cuban immigration program that the Obama administration eliminated is the Cuban Medical Professional Parole Program, which allowed Cuban medical professionals to defect and apply for parole into the United States. Under the program, the U.S. admitted Cuban doctors, nurses, paramedics, physical therapists, lab technicians and sports trainers who worked for the Cuban government in a third country and would not otherwise have been eligible to receive a Cuban exit permit. The Cuban government has long criticized the program for depriving the country of its trained medical professionals.

Because both programs were eliminated by agency action, it is unclear what impact the upcoming change in administration will have on U.S. immigration policy and other recent changes to US-Cuban relations.

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Retired General John F. Kelly Nominated as Secretary of Homeland Security

President-Elect Donald Trump announced that he is nominating retired Marine General John F. Kelly as Secretary of the Department of Homeland Security.  The Department of Homeland Security is one of the largest Cabinet departments in the federal government and is responsible for enforcing our nation’s immigration laws, among other responsibilities.

General Kelly is a four-star General who was most recently head of the United States Southern Command, a unified Combatant Command located within the U.S. Department of Defense responsible for operations, security, and contingency planning in the Caribbean, Central and South America.  General Kelly also served as the Assistant Commander of the First Marine Division in Iraq in 2003 and 2004 and was named the U.S. Top Commander in Iraq in 2008.  General Kelly is a widely-respected military officer whose son was killed during combat in Afghanistan in 2010.  His combination of military and southern-border experience in addition to his personal experience with the sacrifices inherent in war and combat have been suggested as leading reasons for his nomination.  In order to assume his nominated role as Secretary of the Department of Homeland Security General Kelly will need to be confirmed by the Senate, where he is not expected to face much opposition.

by SCwpadmin SCwpadmin 755 Comments

Will Detained Immigrants be Held Without Bond Hearings?

Today the United States Supreme Court hears an important case concerning the constitutionality of immigrant detention, and in particular, whether immigrants subject to lengthy detention have the opportunity for release on bond.  The case, Jennings v. Rodriguez, is a class-action lawsuit that asks the Court to consider whether detained immigrants must be afforded bond hearings with the possibility of release if they have been detained for six months or more.

In general, indefinite detention without a bond hearing is not allowed under the U.S. Constitution, and it is well established that the Fifth Amendment entitles noncitizens to due process of law in deportation proceedings.  Reno v. Flores, 507 U.S. 292 (1993).  However, under the Supreme Court precedent of Demore v. Kim, 538 U.S. 510 (2003), among other cases, and using the plenary power doctrine, the federal government has defended its ability to detain immigrants during removal proceedings for a “limited time of duration.”  Limited time of duration is undefined.

Jennings v. Rodriguez seeks to clarify this discrepancy.  The lead class representative in Jennings v. Rodriguez is 38 year-old Alejandro Rodriguez.  Mr. Rodriguez is a legal permanent residence who was brought to the United States as a child.  He was convicted of a drug possession charge which resulted in him being placed into removal proceedings.  While in proceedings he was detained for three years without a hearing.  Another class participant, an asylum-seeker who suffered torture in Ethiopia, was detained for nine months without a hearing simply because his proof of identify was deemed insufficient – a Department of Homeland Security officer found that he was not a danger to society.  Had this asylum-seeker been given a bond hearing before an immigrant judge this issue could have been presented and clarified, allowing his release.

These indefinite detentions are unjust and unacceptable.  A bond hearing to assess a noncitizen’s potential flight risk and danger to the community is one of the most basic, fundamental due process requirements for civil detention.  The argument presented in Jennings v. Rodriguez is merely calling for the opportunity to present arguments for release before an immigration judge.  This minimal due process protection should be afforded to noncitizens in civil immigration detention.

A decision from the Court on this case will not be made for several months, and at the latest, by the end of June 2017.  The outcome of Jennings v. Rodriguez will significantly impact President-elect Trump’s strategies and proposals for immigration.

by SCwpadmin SCwpadmin 237 Comments

Join us: I-9 Roundtables

In the wake of the Presidential Election, there has been much speculation about how immigration enforcement will change in a Trump presidency. While we wait to determine the exact tenor of the incoming administration, we do know that I-9 audits remain a potential target area and a concern for employers. On Monday, USCIS released a new Form I-9, and employers will be required to use the updated form by January 22, 2017.

We invite you to join us for a free roundtable to discuss the changes to the Form I-9 as well as a conversation on best practices for completing and retaining the form.

As a reminder, fines for paperwork errors on the I-9 recently increased significantly from $110 to $1,100 per employee to $216 to $2,156 per infraction.
Follow this link for RSVP information.
Breakfast Session
January 11th from 8:30 am-9:30 am

Lunch Session
January 18th from 12:00 pm-1:00 pm

Location: 650 S. Cherry St.
Denver, CO 80246

*Room details will be sent prior to the event.

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New Form I-9

 USCIS has announced that the new I-9 form. Below are they key takeaways you need to know now.
Important Dates:
  • New form published on November 14
  • Employers must use the updated form by January 22, 2017
  • All prior versions are invalid after January 21, 2017

Changes to the Form:

  • Electronic format is simpler to complete
  • Prompts and features designed to reduce errors

As a reminder, fines for paperwork errors on the I-9 recently increased significantly from $110 to $1,100 per employee to $216 to $2,156 per infraction.

by SCwpadmin SCwpadmin No Comments

Beyond Immigration Enforcement: Trump’s Plans for High-Skilled Immigration

While most of Donald Trump’s future plans for U.S. immigration law have centered on enforcement (i.e. his “10-Point Plan”), throughout the campaign he has made both vague and direct statements regarding U.S. high-skilled immigration policy under a Trump administration.

On one hand, Trump companies have often used high and low skilled visa categories to satisfy their employment needs. However, Trump has regularly attacked the H-1B program during the campaign. Beyond the many statements that he will suspend immigration from certain regions (particularly those “that export terrorism and where safe vetting cannot presently be ensured”), he has also said he will “end the use of the H-1B as a cheap labor program.” In fact, many Trump campaign events featured American workers allegedly displaced by companies that have used high-skilled visa categories to staff themselves. Moreover, within his 10-Points, Trump also stated he will “[e]nsure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports.”

Given this ambiguous preview of what high-skilled immigration policy modifications lay on the horizon, when such policies will be implemented and what they will look like post January 20th is anyone’s guess.

 

by SCwpadmin SCwpadmin 47 Comments

Study Shows the Size of U.S. Unauthorized Immigrant Workforce Has Decreased Since 2009

Despite much talk this election cycle about unauthorized workers and “illegal” immigrants, a recent study from the Pew Research Center shows that the overall number of unauthorized workers in the U.S. has not risen since the end of the recession in 2009. Instead, the number of unauthorized workers has declined in recent years.

The study, based on data from the U.S. Census Bureau, found that while the U.S. total workforce grew by approximately 3.5 million between 2009 and 2014, the unauthorized immigrant workforce shrank slightly, by an estimated 100,000. This relative stability comes after a period of rapid growth in the unauthorized immigrant population during the 1990s and early 2000s, which peaked prior to the beginning of the recession in 2007. Currently,  unauthorized immigrants make up approximately 5 percent of the total U.S. labor force, or approximately 8 million workers, and are primarily employed in the agriculture and construction industries. In all sectors, however, U.S-born workers outnumbered unauthorized immigrant workers.  Since then, eight states have experienced significant declines in the number of unauthorized workers in their labor force: Alabama , California, Georgia, Illinois, Kansas, Nevada, South Carolina and Rhode Island. Although the rhetoric may continue, the available data fails to demonstrate any influx of unauthorized immigrant workers.

by SCwpadmin SCwpadmin 118 Comments

The Application Period for the Diversity Visa Lottery closes on November 7th

The Diversity Visa program selects 55,000 registrants at random from nations with historically low levels of immigration to the United States. Those selected are then given the opportunity to apply for Lawful Permanent Residence (a “green card”) in the U.S. The deadline for applicants to register for the 2018 Diversity Visa program is 12:00 p.m. Eastern Standard Time on the first Monday in November (11/07/2016). Beginning May 2, 2017, the results of the lottery will be available.

Those wishing to apply are encouraged to do so as early as possible and avoid applying in the final week of registration. Because of heavy demand for the lottery, the registration process may be significantly delayed.

Registration details and program instructions (including a list of eligible applicants) may be found here. There is no fee to register! To register for the Diversity Visa program, submit an entry at the official registration site: dvlottery.state.gov.

by SCwpadmin SCwpadmin 34 Comments

Obama Administration Contemplating Ending For-Profit Immigration Detention Centers

In August, the Federal Government announced its decision to end the use of for-profit prisons to house federal inmates. According to a memo released by the Department of Justice, the Federal Bureau of Prisons and the DOJ based their decision primarily on the facts that the cost savings of private facilities are negligible, and such facilities failed to provide “the same level of correctional services, programs and resources.”

Immigration detention facilities house far more detainees than the private facilities the federal prison system has used. However, it remains in question what the implications of this decision will be on the federal practice of contracting with private corporations to house immigrant detainees. The Obama Administration has budgeted $2.1 billion for detention operations in 2017, a system that currently holds over 31,000 people in custody on any given day. Out of the ten largest immigration detention facilities in the United States, nine are operated by private companies, housing about two-thirds of all immigrant detainees.

Figures for how much of the detention operations budget flows to private companies have not been released by Immigration and Customs Enforcement (ICE). However, federal budget data analysis by Grassroots Leadership, an Austin, Texas based non-profit organization, has found that about $1 billion a year, or half the annual budget for detention operations, went to private companies.

In late August, the Secretary of the Department of Homeland Security (DHS), Jeh Johnson, ordered a review of ways to end the use of private detention facilities. While Secretary Johnson has not taken a side on this issue, his Homeland Security Advisory Council is expected to make a recommendation by the end of November on the results of DHS’s review.

 

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