Immigration

Last week the U.S. Supreme Court upheld three lower court rulings, holding that President Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful under a federal law known as the Administrative Procedure Act (APA). In its landmark decision, the Court held that the Department of Homeland Security’s termination of DACA was “arbitrary and capricious” under the APA. This challenge presented a complex set of legal arguments, which we analyze in further detail.

On Tuesday, June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would again extend flexibility related to in-person Form I-9 compliance that was granted earlier this year, in March 2020.

On Monday, June 15, 2020, 14 Passport Agencies entered the first phase of a three-phase re-opening plan. Beginning in March, all Passport Agencies were closed to in-person appointments for urgent passport applications except in cases of documented life or death emergencies requiring international travel within 3 days.

On May 29, 2020, President Trump issued a proclamation suspending the entry of certain Chinese F-1 and J-1 foreign students and exchange visitors who have ties to Chinese institutions that support the People’s Republic of China military initiatives.

On May 26, 2020 Customs and Border Protection (CBP) announced that it is further extending its suspension of operations at all Trusted Traveler enrollment centers until at least July 6, 2020 to protect CBP officers and the general public from exposure to COVID-19.

On June 1, 2020, USCIS resumed premium processing in phases by case-type. Premium processing had been temporarily suspended since March 20, 2020 due to the COVID-19 pandemic.

On Friday May 15, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would extend flexibility related to in-person Form I-9 compliance that was granted earlier this year.

The coronavirus pandemic has caused unprecedented disruptions and damage across the world, and its grave impact has been felt acutely by international students in the United States.

Given the challenges presented by COVID-19, many businesses must consider large-scale, transformational changes to their operations. As social distancing continues and safety concerns pervade the public consciousness, adjustments to the physical workspace and business travel practices will be necessary to reflect these new considerations. In Part 4 of our COVID-19 Roadmap Series, we outline important planning steps and concerns employers need to consider relating to physical workspaces and business travel.

Beginning May 1,2020, employers must use the latest edition of Form I-9, Employment Eligibility Verification. Use of prior editions of the Form I-9 is not permitted.

On April 22, 2020, Customs and Border Protection (CBP) announced it is extending its suspension of operations at all Trusted Traveler enrollment centers until at least June 1, 2020 to protect CBP officers and the general public from exposure to COVID-19.

U.S. Citizenship and Immigration Services (USCIS) has announced that it is extending its current office closures, and is now preparing to reopen its offices on or after June 4, 2020.

U.S. citizens have several ways to obtain or renew a US passport, and under certain conditions, the process can be completed in as little as 24 hours. However, in response to the COVID-19 pandemic, the U.S. State Department has significantly reduced operations at Regional Passport Agencies and Acceptance Facilities.

In response to the COVID-19 pandemic and the numerous travel bans and “shelter in place” orders which have been recently announced, the U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend certain filing deadlines by 60 days.

On March 27, 2020, U.S. Citizenship and Immigration Services (USCIS) updates on the H-1B cap registration process. Employers and attorneys will need to log into the USCIS Registration portal in order to learn the status of each registration. 

Due to the national emergency declaration resulting from the COVID-19 pandemic, several states have closed and/or restricted services at DMV offices, precluding millions of people from applying for a REAL ID.  Accordingly, on March 26, 2020, Acting Secretary for the Department of Homeland Security (DHS), Chad Wolf, announced that the deadline for enforcement of the REAL ID Act would be extended by one year to October 1, 2021.

We provide the following information to assist our clients to keep track of some of the most salient Coronavirus-related immigration changes and developments:

Read about New York State’s federal lawsuit against DHS and CBP for the Trump Administration's recent ban on Global Entry enrollments and renewals for New York residents.