On January 20, 2017, Donald J. Trump will be sworn in as the 45th President of the United States, and Michael R. Pence will be sworn in as the 48th Vice President of the United States. The Trump Administration promises to make dramatic changes in the conduct of the Executive Branch from the previous eight years. One area where many expect to see some of the most significant changes is in immigration policy. For this reason, I will write a series of blog posts detailing the backgrounds and public policy statements of the cabinet nominees of President-Elect Trump who will have the most bearing on administering the immigration laws.
On December 2, 2016, the Executive Office for Immigration Review (EOIR) announced the appointment of James McHenry as an administrative law judge (ALJ) in the EOIR’s Office of the Chief Administrative Hearing Officer (OCAHO). This appointment was effective November 14, 2016.
The American Immigration Lawyers Association (AILA) reported that the United States Citizenship and Immigration Services (USCIS) issued a reminder that starting on December 23, 2016, applicants for naturalization must use the 12/23/16 edition of the Form N-400, Application for Naturalization. The USCIS will reject any older versions of the Form N-400 filed on or after December 23, 2016 (applications filed before that date are unaffected). Furthermore, applications filed starting on December 23, 2016, must be accompanied by the new filing fees that take effect on December 23, 2016.
On December 7, 2016, the United States Citizenship and Immigration Services (USCIS) issued a reminder regarding the new fees for the Form I-924A, Annual Certification of Regional Center. Under 8 C.F.R. 204.6(m)(6), EB5 regional centers are required to submit the Form I-924A annually to demonstrate eligibility for the regional center designation. In accordance with the regulations, all EB5 regional centers with a designation letter dated on or before September 30, 2016, are required to file the Form I-924A for FY-2016 “no later than December 29, 2016.”
AILA explains that on November 28, 2016, “a computer coding error impacted the accuracy of the FBI background checks for about 15,000 … pending naturalization cases.” Of these 15,000 naturalization cases, approximatively 3,000 cases were pending at a USCIS field office “either to be interviewed, waiting on a decision post-interview, or waiting to be scheduled for an oath ceremony.” In response to the computer coding error, the USCIS cancelled oath ceremonies for “about 550 people” who were slated to take the oath on November 29, 2016. The USCIS has resubmitted the names of the 15,000 individuals impacted by the computer coding error to the FBI, and has asked the FBI to expedite new background checks.
On December 9, 2016, the United States Senate passed a continuing resolution to fund the government through April 28, 2017, by a margin of 63-36. The continuing resolution will extend several important immigration initiatives until April 28, 2017, most notably the EB5 immigrant investor program.
While I am excited, I can certainly understand why the President-Elect’s list causes consternation for those who favor Justices who take more of a so-called “living constitution” approach to Constitutional jurisprudence. While I obviously do not agree with those of a more liberal persuasion, I recognize the philosophical disagreement regarding legal interpretation and the role of the federal judiciary. However, I do not understand the peculiar critique of the President Elect’s list from the headline writers at USA Today, who titled an article by Richard Wolf, “Trump’s 21 potential court nominees are overwhelmingly white, male and from red states.”
On September 19, 2016, the Department of Homeland Security published a new proposed rule revising the Form I-589, Application for Asylum and for Withholding of Removal. The proposed changes were published in the Federal Register at 81 FR 64190. The proposed changes to the Form I-589 were open for public comment until November 18, 2016. On November 18, 2016, the American Immigration Lawyers Association (AILA) submitted its comments on the proposed revisions for the Form I-589.
On November 25, 2016, the longtime dictator of Cuba, Fidel Castro, passed away at the age of 90. In this article, I discuss reactions to the death of the tyrant and how his brutal policies toward LGBTQ individuals led to a very important Board of Immigrations precedent decision for such individuals seeking asylum, refugee status, or withholding of removal in the United States.
