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Newsletter

This Week in Immigration (and so much more)

What A Week!

We have a lot of new developments to discuss in this issue of Laws on Lockdown, most developing as recently as Monday evening!

Just In! New Presidential Proclamation!

We knew it was coming and here it is. The much anticipated ban on Non-Immigrant visas was finally published, leaving many an eyebrow raised. This new proclamation extends the restrictions set out in  the previous proclamation of April 22 (reminder below), and now includes restrictions on certain temporary workers wishing to obtain visas to enter the United States. Here is a very brief overview of the additional restrictions:

Who Does This Apply To: Individuals who are currently outside of the United States, without a valid non-immigrant visa seeking to obtain an H-1B, H-2B, L or J visa. This restriction will also apply to any spouses or children of these individuals.  Spouses or children of U.S. citizens will remain exempt from this ban as well as individuals obtaining one of these visas for services essential to the U.S. food chain or that are deemed to be in national interest or necessary to facilitate economic recovery.

How Long Will It Last: The proclamation began as of 12:01a.m. today (June 24, 2020) and is scheduled to last until the end of the year. However, the proclamation leaves room for extensions and changes throughout the rest of the year.

To Read the Full Proclamation Click Here!


BANS IN REVIEW

Now that we know what the most recent travel ban has in store, below is a reminder of those who are currently restricted from entering the United States*:

Individuals from: Iran, Libya, Somalia, Syria, Yemen, and some from North Korea and Venezuela.

Individuals who have been present in China, Iran, European Schengen Countries, United Kingdom, Ireland, or Brazil, within the past 14 days.

Intending Immigrants outside of the United States that are processing employment based immigrant visas or immigrant family visas as the Parent, Adult Child, or Sibling of a US Citizen.

Intending non - immigrants currently outside of the United States seeking H-1B, H-2B, L and J  visas.

*This list only relates to those restricted from entering the U.S. based on the current Administration’s implementation of Executive power.  There are myriad other situations not included on this list that could prevent an individual from entering or immigrating to the United States. 

New Rule for Asylum Applicants

A new (328 page) rule, tightening restrictions on those seeking Asylum in the United States, is due to be published on June 26, 2020. Some of the major changes are:

  • Individuals who did not file an application for Asylum within their first year of being in the United States will no longer be eligible to apply for an Employment Authorization Document (EAD).

  • Illegal Entry – with limited exceptions, those who initially entered the United States unlawfully, will not be able to apply for an EAD.

  • Individuals with certain convictions, including DWI's or assault, will no longer be eligible for an EAD. Those with charges pending could also be denied.

  • Currently, an asylum seeker must have their asylum application pending for 150 days before they are eligible to apply for an EAD. This waiting period will be extended from 150 days to 365 days.

These changes and the rest set out in the 328 page documents are due to be effective on August 25, 2020. For the full text, click here!


Supreme Court Ruling protects DACA!

Finally, some good news! Last week in a 5-4 decision, the Supreme Court Ruled that the way in which Trump attempted to end the DACA program was unlawful, “arbitrary and capricious” even. This is a huge win for all the DACA recipients waiting on what to do next. Sadly, it seems that the DACA argument is far from over. The ruling also found that President Trump does have the authority to end the program, but he must follow the law to end it rather than just snap his fingers.

 For those who hold DACA, the fight will not be over until there is a road to residency written into law. We stand with the DACA program as a way to welcome in those who know no other home and have already contributed so much to our country.

Other Updates in Local Immigration:

  • Covid travel ban extended to Brazil

  • Some Courts are opening – others including New York will remain closed through at least July 11, 2020.

  • Immigration Courts at 290 Broadway in New York and in Newark have announced that future master hearings for clients that have an attorney will be held over the phone.

  • The Newark, New Jersey Immigration court will resume hearings on July 13, 2020.

  • Brooklyn and New York USCIS Field Offices remain closed. As they begin to open, they will prioritize naturalization ceremonies that had to be rescheduled.

Thank you for making it all the way to the end of the Newsletter! Feel free to pass on this email to anyone that might be interested and don't forget to follow us on Social Media
 

Also, a very happy 2 year anniversary to us, Lachman Law! 


 

Sarah Lachman