ICE has changed its policies regarding the handling of pregnant women in detention, breaking from the previous practice of automatically releasing them. Under a new directive, immigration officers will no longer default to trying to release pregnant women in ICE custody. Instead, the policy requires a case-by-case evaluation, and ICE will keep in custody “only […]
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USCIS To Destroy Undeliverable Green Cards and EADs After 60 Days: USCIS announced that it is now destroying permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. Word to the wise: all foreign nationals […]
The H-4 visa is available for the spouses of those for nationals who have received an H-1B visa. However, unlike many other visa categories for spouses, there are conditions on H-4 visa holders who can apply for and receive work authorization. H-4 visa holders can receive an EAD work if they meet one of these […]
Question for employers: How does your company handle its I-9s? Have you even thought about it? Unfortunately, most employers tend to underthink this hugely important human resources component, which affects all its employees, not just foreign nationals. ICE has announced it will increase its worksite audits by “four or five times,” and all employers, irrespective […]
The Trump Administration through the Department of Justice (DOJ) has, little by little, implemented a number of policies over the last year that have undermined the independence of the immigration courts and have weaken due process for foreign nationals. Some basics: The immigration courts play a key role in affording noncitizens an opportunity to present […]
The U.S. Supreme Court decided two important immigration cases recently, one holding that part of the law defining a “crime of violence” for deportability purposes was unconstitutionally vague, and the other case holding that there is no automatic right to a bond hearing for those detained for as long as six months. In April, the […]
The following additional items may be of interest to our readers: Parole for Entrepreneurs Moving Forward: The international entrepreneur rule allows certain entrepreneurs to be granted “parole” and remain in the U.S. while they develop their business idea. The rule was crafted late in President Obama’s term and was set to take effect on July […]
ICE has in place a policy governing interior enforcement actions at sensitive locations. These locations have been defined as schools, hospitals, houses of worship, religious/civil events (e.g., weddings and funeral), and public demonstrations (e.g., marches and rallies). Under its guidelines, if an enforcement action is set to take place at one of these locations, there […]
One of President’s Trump’s first actions in office was to make a show of withholding federal funds from sanctuary jurisdictions. In the “Enhancing Public Safety in the Interior of the United States” Executive Order, the President sought to “[e]nsure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except […]
The Office of Inspector General for DHS, the “watchdog” of the department, conducted random site visits at six ICE detention facilities to determine whether the baseline standards of detainee treatment were being met. The resulting report exposed numerous unsatisfactory conditions at several ICE detention facilities. One of the facilities was not housing detainees according to […]