Immigration Blog

Alexander J. Segal's picture

President Trump Hosts Illegal Immigration Roundtable in Long Island, Focusing on MS-13

On May 23, 2018, President Donald Trump hosted a roundtable on immigration in Bethpage, New York. The roundtable focused extensively on the threat of the MS-13 gang and how its activities intersect with illegal immigration and alien smuggling. The event featured Department of Homeland Security (DHS) and Department of Justice (DOJ) officials, three U.S. congressman, local law enforcement officials, and parents of MS-13 crime victims. In this post, we will review some of the more interesting remarks relating to immigration policy delivered in the roundtable with reference to specific times in a video of the event posted by the White House on YouTube.

Alexander J. Segal's picture

SCOTUS Oral Arguments in Pereira v. Sessions (When NTA Triggers Stop-Time Rule)

On January 12, 2018, the Supreme Court of the United States granted certiorari in Pereira v. Sessions, Docket No. 17-459. On April 23, 2018, the Supreme Court heard oral arguments in the case. The case was taken on appeal from the decision of the United States Court of Appeals for the First Circuit in Pereira v. Sessions, 866 F.3d 1 (1st Cir. 2017). In the lower court decision, the First Circuit deferred to the precedent decision of the Board of Immigration Appeals (BIA) in Matter of Camarillo, 25 I&N Dec. 644 (BIA 2011) in holding that the issuance of a notice appear that did not conform with all of the requirements of section 239(a)(1) of the Immigration and Nationality Act (INA) was nevertheless sufficient for triggering the “stop-time rule” in section 240A(d)(1) – i.e, stopping the accrual of unlawful presence necessary to be eligible for cancellation of removal. In this article, we will briefly examine the oral arguments in Pereira v. Sessions and provide analysis.

Alexander J. Segal's picture

DHS to Propose Eliminating International Entrepreneur Rule

On May 25, 2018, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is proposing a rule to end the International Entrepreneur Rule. The rule allowed for certain individuals to seek immigration parole to develop and build start-up businesses in the United States.

Alexander J. Segal's picture

USCIS Addresses Processing Errors in Biometric Services Appoint Notices Issued With Certain Form I-751 Petitions

On May 4, 2018, the “USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.” In this post, we discuss how the USCIS is working to remedy its error.

Alexander J. Segal's picture

Employer Sentenced in Scheme Defrauding Foreign Workers

On May 17, 2018, the United States Citizenship and Immigration Services (USCIS) wrote about the sentencing of an airline staffing executive for his role in an immigration fraud scheme. Eleno Quinteros, Jr., who is the former vice president of operations for two airline mechanic staffing companies, pled guilty to having falsely certified that he had not received payments from mechanics in his employ for whom he had filed immigrant visa petitions. He pled guilty to a single count of violating 18 U.S.C. 1546(a) (making a false claim in support of an immigration application).

Eliza Grinberg's picture

ICE Increases Number of Worksite Investigations and Form I-9 Audits

On May 14, 2018, the United States Immigration and Customs Enforcement (ICE) detailed recent worksite enforcement investigations. It stated that in accordance with a new directive from ICE Deputy Director Thomas Homan, ICE’s Homeland Securities Investigations (HSI), ICE “has already doubled the amount of ongoing worksite cases this fiscal year compared to the last fully completed fiscal year.”

Wendy Barlow's picture

Questions Regarding STEM OPT and Certain Third-Party Businesses and Worksites

On May 11, 2018, the American Immigration Lawyers Association noted a potentially significant development in the United States Citizenship and Immigration Services’ (USCIS) interpretation of regulations regarding the types of employment arrangements that are permissible for STEM OPT students. The regulations at issue pertain to whether F1 students engaging in employment under the STEM OPT program may ever engage in work at his or her employer's client's business or worksite. The current language on the USCIS website indicates that this would not be permissible, but AILA argues that this reading is overreaching with respect to the applicable regulations.

Alexander J. Segal's picture

USCIS to Return Unselected FY 2019 H1B Cap-Subject Petitions

On May 15, 2018, the United States Citizenship and Immigration Services (USCIS) stated that it completed data entry for all fiscal year 2019 H1B cap-subject petitions that were selected through the H1B lottery. The USCIS will now begin returning all H1B cap-subject petitions that were not selected in the fiscal year 2019 H1B lottery. Due to the large number of H1B petitions that were filed for fiscal year 2019, the USCIS stated that it cannot provide a “definitive time frame” for the return of unselected petitions.

Wendy Barlow's picture

USCIS to Recall Approximately 8,543 Green Cards Due to Production Error

On May 14, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it will begin recalling approximately 8,543 Green Cards due to a production error. Because of the production error, the affected Green Cards were printed with incorrect “Resident Since” dates. The affected Green Cards were mailed between February and April of 2018.

Alexander J. Segal's picture

Texas Files New Motion for Preliminary Nationwide Injunction Against DACA

On May 1, 2018, Texas filed a motion in the United States District Court for the Southern District of Texas seeking a preliminary nationwide injunction against the U.S. Government’s implementation of the Deferred Action for Childhood Arrivals (DACA) program. Texas was joined in its motion by the States of Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia. The motion will be considered by Judge Andrew Hanen. In the motion, Texas seeks to enjoin the Government from renewing DACA permits or granting new DACA permits in winding down the program. Texas is not seeking a court order invalidating existing DACA permits.