Immigration Blog

Archived Article: Obama-Era Civil Enforcement Priorities

Written by Alexander J. Segal on

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On November 20, 2014, the Secretary of the Department of Homeland Security (DHS), Jeh Johnson, released a memorandum detailing revised immigration enforcement priorities titled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.” The policy guidance took effect on January 5, 2015. It has since been replaced by a new set of enforcement priorities on February 20, 2017. This article is archived for informational purposes only.

Federal Government Hiring Freeze Does Not Apply to Immigration Judges

Written by Alexander J. Segal on

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On March 3, 2017, Reuters reported that it had been informed by the Executive Office of Immigration Review (EOIR) that President Trump’s federal hiring freeze would not apply to immigration judges. In this article, we examine the background of the hiring freeze and the decision to exempt immigration judges.

Review of the Oral Arguments Before SCOTUS in Sessions v. Dimaya (Crime of Violence Case)

Written by Alexander J. Segal on

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On January 17, 2017, the Supreme Court of the United States heard oral arguments in Lynch v. Dimaya, 15-1498. The case concerns whether 18 U.S.C. 16(b) is unconstitutionally vague as it is incorporated into the immigration laws at section 101(a)(43)(F) of the Immigration and Nationality Act (INA). Subsequent to those arguments, Attorney General Jeff Sessions replaced former Attorney General Loretta Lynch. Accordingly, the case is now called Sessions v. Dimaya. We will use that name going forward. In this article, we will examine the oral arguments made by the Government and by the respondent and contemplate what these arguments may mean going forward as the Supreme Court looks to decide Sessions v. Dimaya later this term.

Some H1B Petitioners Receive Forms I-797 With "1B1" Designation In Error

Written by Alexander J. Segal on

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AILA members have recently reported receiving Forms I-797 Notices of Approval for H1B beneficiaries that are annotated “1B1.” The H1B1 category is only for nationals of Singapore in Chile. Thus, regular H1B petitions should be annotated H1B instead of “1B1.”

President Trump on Immigration in Speech to Congress

Written by Alexander J. Segal on

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On February 28, 2017, President Donald J. Trump gave a speech to a joint session of the United States Congress. For the purposes of this post, I will focus on the sections of President Trump’s address that dealt with immigration. I will review what the President said and offer my analysis on all of the key portions of his remarks.

USCIS Reissuing Receipt Notices to Ceratin EAD Renewal Applicants Who Revived Automatic Extensions

Written by Alexander J. Segal on

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On February 1, 2017, the United States Citizenship and Immigration Services (USCIS) announced that on January 17, 2017, it automatically extended certain expiring Employment Authorization Documents (EADs) for up to 180 days for certain renewal applicants. Starting on February 16, 2017, the USCIS began reissuing receipt notices to many of these renewal applicants.

Attorney General Sessions Reverses Obama Admin Policy on Private Prisons

Written by Alexander J. Segal on

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On February 21, 2017, the Attorney General of the United States, Jeff Sessions, issued a Memorandum titled “Recission of Memorandum on Use of Private Prisons.” The Sessions Memorandum rescinds an August 18, 2016, Memorandum authored by the then-Deputy Attorney General of the United States, Sally Q. Yates titled “Reducing our Use of Private Prisons”.

Harris County (Containing Houston, Texas) Opts Out of Section 287(g) Agreement

Written by Alexander J. Segal on

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On February 22, 2017, just two days after Secretary Kelly issued the two DHS memorandums providing for the expansion of the use of section 287(g) agreements, Aaron Barker of Clich2Houston reported that Harris County Sheriff Ed Gonzalez opted his department out of the section 287(g) program. Although the timing seems related, the article quotes Sheriff Gonzalez as attributing his decision to cost concerns.

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