President Trump’s October 4th Proclamation has been temporarily blocked by a federal judge. If allowed, it would require those seeking U.S. visas to obtain approved health insurance within 30 days of entry if they are not able to cover their own healthcare expenses. Judge Michael Simon, a Federal District Judge in Portland, Oregon, issued a nationwide temporary restraining order on Saturday, November 2, the day before the Proclamation was set to go into effect. This order will prohibit the government from implementing the Proclamation for 28 days. During this time, the plaintiffs (seven U.S. citizens and a nonprofit group, Latino Network) and the defendants (various governmental agencies and officials) will argue on whether the court should issue a preliminary injunction, which would block the Proclamation from becoming effective until the lawsuit has been completely resolved. In this suit, the plaintiffs are challenging the legality of the Proclamation, and if the judge issues a preliminary injunction, the Proclamation will be suspended until the judge makes the ultimate decision on whether the Proclamation is legal or illegal. This temporary restraining order comes weeks after a series of Federal Court decisions to temporarily block the Department of Homeland Security’s amended public charge rule from becoming effective. […]
On October 4, 2019, President Trump issued a proclamation that will require legal immigrants to gain approved health insurance coverage within 30 days of their entry to the U.S, unless they can prove that they are in a financial position that allows them to cover their own foreseeable medical expenses...
USCIS announced yesterday the fee involved with the newly required electronic registration of H-1B cap petitioners. The fee is $10 for each electronic registration, and it is intended to recover the costs spent on the new H-1B registration system. The proposed fee for electronic registration is...
Today, Kevin K. McAleenan, the Acting Secretary of Homeland Security, announced a new designation of aliens subject to expedited removal that applies to certain aliens encountered anywhere in the country within two years of illegal entry. Use of expedited removal pursuant to the new designation is expected to alleviate some of the burden and capacity issues currently faced by the Department of Homeland Security (DHS) and the Department of Justice (DOJ) by allowing DHS to more quickly remove certain aliens. Mr. McAleenan states, “The new designation adds one more tool for DHS—utilizing specific authority from Congress—to confront the ongoing security and humanitarian crisis on the Southwest border and throughout the country.” He continues, “We are past the breaking point and must take all appropriate action to enforce the law, along the U.S. borders and within the country’s interior. This designation makes it clear that if you have no legal right to be here, we will remove you.” The new designation will take effect immediately as it has already been published in the Federal Register here. Consistent with current laws, unaccompanied alien children are not subject to expedited removal under the new or any previous designation. Additionally, any alien who indicates an […]
On April 18, 2017, President Donald Trump signed an Executive Order titled “Buy American and Hire American.” The President insisted that the Executive Order would favor American workers more so than the policies already in place. He also intended, among other things, for the “Buy American and Hire American” Executive Order to address his concerns with the H-1B visa program. The President thought that the H-1B lottery system should be modified so that H-1B visas would only go to the most skilled and highest-paid applicants. He also insisted that the H-1B system should not be allowed to replace American workers with foreign workers. The new Executive Order was meant to address these flaws in the H-1B program. Technically, the executive order did not create any laws or modify any that already existed. Instead, the Order set in place a policy for the maximization of the production, and sale of goods, products and materials produced in the United States. With an eye toward fulfilling the mandate of the “Buy American and Hire American” Executive Order, United States Citizenship and Immigration Services (USCIS) has applied new rules, directives and adjustments to safeguard the jobs of American workers and to avert abuses of […]
President Donald Trump has announced that he plans to sign an executive order that will end birthright citizenship for children born on U.S. soil to non-American citizens. If the President follows through with this promise, the decision would defy the Fourteenth Amendment to the U.S. Constitution. Adopted in 1868, the Fourteenth Amendment states that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.” This provision of the Constitution is known as the Citizenship Clause. It is unclear whether President Trump actually has the authority to implement the proposed policy, considering the fact that birthright citizenship is engraved in the Fourteenth Amendment. According to Trump, however, “[i]t was always told to me that you needed a constitutional amendment. Guess what? You don’t. You can definitely do it with an act of Congress. But now they’re saying I can do it just with an executive order.” In reality, amending the U.S. Constitution was never meant to be that simple. In fact, Article Five prescribes only two ways to amend the Constitution: (1) Congress can propose an amendment, which must then be approved by both […]
A new policy proposal is expected to be released shortly by the Trump Administration that would make the process of obtaining citizenship or green cards more difficult for applicants that have used public benefits like the Affordable Care Act (Obamacare), the Children’s Health Insurance Program (CHIP) or the Supplemental Nutrition Assistance Program (SNAP). Several news sites are reporting that the new policy is designed to limit naturalization for immigrants living legally in the U.S. Significantly, the proposed policy shift does not require congressional approval, because it would most likely be implemented through a redefinition of “public charge.” Under current immigration policy, U.S. Citizenship and Immigration Services (USCIS) considers the likelihood that someone might become primarily dependent on the government for subsistence when determining admissibility. An individual that is likely to become dependent on the government is identified as a public charge, and is inadmissible for entry, or unable to adjust their status to become a lawful permanent resident. Where a public charge historically identified individuals that would primarily depend on the government for public cash assistance and income maintenance or long-term institutionalization, the expected revisions would expand to include individuals and families that have used Obamacare, CHIP or SNAP. Prior […]