On October 3, 2016, the Supreme Court denied a petition for rehearing in United States v. Texas (the DAPA case). In this article, I explain the case history, what the decision means going forward, and provide links to articles where you can learn more about the issues.
One of the most significant sticking points in the debate over immigration reform – if not the biggest sticking point – is how to manage the significant number of persons who are present in the United States illegally. In 2014, the Department of Homeland Security (DHS) estimated that there were 11 million aliens in the United States without legal authorization. In this article, I examine the problem, the proposed solutions of the two major candidates, and offer my ideas for a better path forward.
The USCIS announced that, effective October 5, 2016, it increased the validity period for initial or renewal EADs for asylum applicants from one year to two years. The change applies to those with pending asylum claims under category (c)(8) on the Form I-765. The change applies to all such applications that are pending on or filed after October 5, 2016.
The USCIS recently introduced the Form I-131A, Application for Travel Document. This form is for certain LPRs and conditional LPRs whose Green Cards or Reentry Permits were lost, stolen, or destroyed, and who consequently need documentation to return to the USA. The Form I-131A instructions explain who may file a Form I-131A and when it may be appropriate.
On September 19, 2016, the Department of Homeland Security (DHS) released the new of edition of the Form G-1055, Fee Schedule. The Form G-1055 lists the United States Citizenship and Immigration Services (USCIS) fee for all forms published by the DHS. The Form G-1055 also includes associated biometric fees where applicable. The Form G-1055 is an important resource for people who need to know the most up-to-date USCIS forms information.
On March 26, 2016, the USCIS published a revised version of the Form N-400, Application for Naturalization. The edition is dated 03/26/16. In a response to an inquiry from AILA, the USCIS explained that applicants for naturalization may continue to use the older edition that is dated 09/13/13 until December 1, 2016.
On September 29, the President signed a continuing appropriations bill into law. The bill extends the EB5 Regional Center Program, the EB4 non-minister special immigrant program, and the Conrad 30 J Waiver Program through December 9, 2016. The USCIS has updated the Visa Bulletin with dates for the EB5 and EB4 categories that were facing expiration.
I hoped to provide analysis of immigration issues discussed in the Presidential Debate between Hillary Clinton and Donald Trump last week. Immigration was mentioned twice. First, Donald Trump said he was endorsed by the ICE. He was not. Second, he said that gangs are roaming the streets “[a]nd in many cases, they’re illegally here, illegal immigrants.” Hillary Clinton did not mention immigration or anything tangentially related. Remarkably, It seems that I do not have much to offer on immigration issues in the debate. Let us hope that the Vice Presidential debate between Tim Kaine and Mike Pence offers more debate about important immigration issues than about Rosie O’Donnell and former Miss Universe winners.
On Sep 29, 2016, the Supreme Court granted a petition for a writ of certiorari in Lynch v. Dimaya, Docket No. 15-4998. In this case, the Supreme Court will consider whether 18 U.S.C. 16(b) (one of the two crime of violence provisions) as incorporated into the INA’s provisions governing an alien’s removal from the United States is unconstitutionally vague.
In the Matter of Chairez, 26 I&N Dec. 819 (BIA 2016), the BIA followed the Supreme Court’s decision in Mathis v. United States, 136 S.Ct. 2243 (2016) in finding that a criminal statute may only be considered divisible when it contains different elements in the disjunctive that each require jury unanimity in order to sustain a conviction.
