On June 18, 2020, the Supreme Court of the United States issued a ruling striking down the Trump administration’s effort to rescind DACA. In doing so, the Supreme Court did not answer the question of whether the way in which the DACA program was created was unconstitutional. Rather, the Court held that the way in which DACA was rescinded did not follow the procedural guidelines required by the Administrative Procedure Act. While the decision calls for the DACA program to be reinstated in its entirety, potentially including acceptance by USCIS of initial DACA applications and Advanced Parole applications for those who already have DACA, questions remain regarding how this will be implemented by USCIS. If you have any further questions regarding DACA, or any other immigration related questions, please contact our office to schedule a consultation with one of our attorneys.
President Trump signed a “Presidential Proclamation” on April 22, 2020, which affects the rights of potential immigrants outside the United States. It is set to expire in 60 days unless it’s extended. It affects people outside the United States on April 23, 2020 at 11:59 pm Eastern Daylight Time who do not have a valid entry document on that date. The Proclamation does not apply to Legal Permanent Residents, spouses and children under the age of 21 of United States Citizens, refugees and asylum seekers, and individuals who have skills needed during the Covid-19 pandemic, such as medical professionals.
This should not have a major effect as most U.S. consulates are currently closed and not processing immigrant visas. Additionally, it does not affect anyone who is already in the United States or already has the right to enter the United States, such as a Legal Permanent Resident (“green card” holder). It does not affect people currently in the process of obtaining permanent residency in the U.S.
Finally, it is very likely that this Proclamation will be challenged in Federal Court similar to other executive orders by the current administration.
If you have any concerns about how the Proclamation affects you or someone close to you, please contact our office at 559-558-5118 to schedule an appointment to talk to one of our attorneys. We are still helping clients and taking on new cases in accordance with local and state orders regarding coronavirus.
If you are currently, or have ever been in, deportation/removal proceedings you may be eligible to have your proceedings terminated if you were served with a defective NTA. For more information please refer to the expanded discussion concerning the Pereira v. Sessions case under our Deportation Defense page.
On October 10, 2018 USCIS sent out a Notice of Proposed Rulemaking, which would change the way in which USCIS defines and determines whether someone is a public charge. The proposed rule has been published to the Federal Register for a 60-day comment period when anyone from the public may comment on how DHS should administer this proposed rule. After the 60-day period, DHS will weigh the comment and then publish a final rule in the Federal Register along with the date it will go into effect. Some of the new benefits that are being proposed to the list used to consider if an applicant is a Public Charge include: Non-emergency Medicaid (with some exceptions, including foreign born children of US citizens), SNAP, Premium and cost-sharing subsidies within Medicaid D and Housing programs. It is yet to be determined if the Children’s Health Insurance Program (CHIP) will be added to the list. For more information on Public Charge law, and the changes proposed by USCIS, please refer to the “Family Immigration” section.