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USCIS Statement Throws Constitution Out the Window

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USCIS
 

On June 19th 2020, USCIS issued a “Statement” in regard to the Supreme Courts’ decision on DACA. The statement called out the Supreme Court, saying that the high court’s decision “has no basis in law” and then follows with other legal conjectures and conclusions which demonstrate an alarming and improper bias at a government agency.

They made it pretty clear that their leadership had a total disregard and a lack of respect for the foundations of our judicial system. In fact, USCIS blatantly ignored the fact that the Supreme Court rejected their claim that the DACA was an illegal program.

USCIS was created after 9/11 to be the adjudicatory arm of the Department of Homeland Security (DHS).  USCIS  mission statement: “U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.”

USCIS Statement on Supreme Court’s DACA Decision

But, on June 19th, it seems as though their mission went out the window when USCIS posted about DACA and how the Supreme Court, the highest court in the land, handled the case.  USCIS’s mission is to administer the law and specifically to “efficiently and fairly adjudicate requests for immigration benefits” as stated in its mission statement.  But here USCIS was out of line by trying to declare what is or is not legal, which the Supreme Court will always have the final word on anyway.

It is not up to USCIS to determine which programs or applications they will or will not adjudicate.  The June 19th statement amounts to not only inappropriate bluster, but it further undermines the agency’s waning integrity by evincing clear bias and politicized motivations.

No one will argue that our system doesn’t need reform.  In fact, USCIS is overworked, under-resourced, and in dire need of Congressional intervention. However, the fact the agency needs reform doesn’t mean it can cast aside its responsibility to serve as a fair and impartial agency. Perhaps now more than ever, government institutions must strive to restore the faith of Americans in the integrity of government.

This latest political tirade by a spokesperson at USCIS makes it all the more clear that Congress must pass the Case Backlog and Transparency Act of 2020 which would ensure much-needed accountability at the agency and send a clear message that Congress and the Judiciary are equal branches of government as our Constitution dictates.

Source: Stooping to A New Low – USCIS Statement Throws Constitution Out the Window

 

EB-5 (Immigrant Investor) Filings Drop to Seven a Month vs. 10,000 a Year

The scandal-plagued immigrant investor (EB-5) program has hit a new low.

The ceiling on the number of visas is 10,000 a year, yet in the first three months of 2020, there were exactly 21 applications filed. In the same period one year earlier, the total number of applications was 1,808.

EB-5 is the program that rewards an alien investor with a family-sized batch of green cards when the investor plunks down a suitable amount in a DHS-identified, but not guaranteed, investment. The stake is usually in a 1 percent a year de facto loan in urban real estate. Big city developers love getting money at this rate.

There have been a large number of instances in which U.S.-based middlemen have cheated, or sought to cheat, the alien investors, as we have reported from time to time.

One of the main reasons for the recent sharp fall in the number of would-be investors is because, in November of last year, DHS upped the minimum ante (after 25 years of not doing so) from $500,000 to $900,000. The same set of regulations also narrowed the definition of areas that could be invested in, eliminating at least some of the prosperous areas that had formerly been used for most of these investments via a sort of gerrymandering.

Read about USCIS’s 5-5-million-applications-pending

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BPC Applauds Biden Administration’s Move to Utilize FEMA to Aid Migrant Children

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Here’s some good news on the DACA front with FEMA stepping in to assist:

Washington, DC – Over the past eight years the composition of migrants arriving at the U.S. southern border has significantly changed, shifting from mostly Mexican adults seeking work to large numbers of Central Americans—including families and children—seeking asylum. This paradigm shift has overwhelmed existing infrastructure several times now, leading to humanitarian emergencies, with migrants held in overcrowded, unsanitary conditions. In 2019, the Bipartisan Policy Center put forward a plan for an “immigration Federal Emergency Management Agency” that would be a flexible response-unit that could support the Department of Homeland Security’s mission and provide humanitarian services whenever and, more importantly, wherever a large unexpected increase in immigration occurs.

Source: https://bipartisanpolicy.org/press-release/bpc-applauds-biden-administrations-move-to-utilize-fema-to-aid-migrant-children/

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BREAKING

SCOTUS to hear “Public Charge Rule” case.

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SCOTUS has agreed to hear the “Public Charge Rule” case e.g. Department of Homeland Security, et al., Petitioners v. New York, et al. This rule is viewed as seeking to discourage some immigrants, by way of denying green cards, from using public services such as food stamps. Even though the issues being taken up in court this Fall, it may actually become null if the Biden administration revises it before then.

Per today’s New York Times article: “The Trump administration announced in 2019 that it would revise the rule, which allows officials to deny permanent legal status, also known as a green card, to immigrants who are likely to need public assistance. In the past, only substantial and sustained monetary help or long-term institutionalization counted, and fewer than 1 percent of applicants were disqualified on public-charge grounds.”

No. 20-449
Title: Department of Homeland Security, et al., Petitioners
v.
New York, et al.
Docketed: October 8, 2020
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (19-3591, 19-3595)
   Decision Date: August 4, 2020
Questions Presented
Date Proceedings and Orders
Oct 07 2020 Petition for a writ of certiorari filed. (Response due November 9, 2020)
Proof of ServicePetition
Oct 23 2020 Motion of Make the Road New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Main Document
Oct 23 2020 Motion State of New York, et al. to extend the time to file a response from November 9, 2020 to December 9, 2020, submitted to The Clerk.
Main Document
Oct 26 2020 The motions to extend the time to file responses are granted and the time is extended to and including December 9, 2020, for all respondents.
Nov 03 2020 Blanket Consent filed by Petitioner, United States Department of Homeland Secuirty, et al.
Blanket Consent
Nov 20 2020 Motion of New York, et al. to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
Main Document
Nov 20 2020 Motion of the MRNY Respondents to extend the time to file a response from December 9, 2020 to January 8, 2021, submitted to The Clerk.
Main Document
Nov 20 2020 Response to motions from petitioner United States Department of Homeland Secuirty, et al. filed.
Main Document
Nov 27 2020 The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED.
Dec 09 2020 Brief of respondents States of New York, Connecticut, and Vermont; and City of New York in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 09 2020 Brief of respondents Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 Reply of petitioners United States Department of Homeland Secuirty, et al. filed. (Distributed)
Main DocumentCertificate of Word Count
Jan 19 2021 DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021 DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 Petition GRANTED.
Attorneys for Petitioners
Elizabeth B. Prelogar
Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States Department of Homeland Secuirty, et al.
Attorneys for Respondents
Jonathan Hillel Hurwitz
Counsel of Record
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of the Americas
New York, NY 10019jhurwitz@paulweiss.com
(212) 373-3254
Party name: Make the Road New York, African Services Committee, Asian American Federation, Catholic Charities Community Services (Archdiocese of New York), and Catholic Legal Immigration Network, Inc.
Barbara Dale Underwood
Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400Barbara.underwood@ag.ny.gov
212-416-8016
Party name: States of New York, Connecticut, and Vermont; and City of New York

 

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BREAKING

DOL And DHS Interim Final Rules Halted By Court Order

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Supreme court of california main court house

As noted on Mondaq.com, written by Cheryl J. Gardner , Jason Burritt and Michelle Gergerian  of Seyfarth Shaw LLP

and on this direct link: https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”).

The DOL rule, which took effect on October 8, 2020, significantly increased prevailing wage levels for H-1B, H-1B1 and E-3 programs and the permanent labor certification (PERM) program.

The DHS rule was scheduled to take effect on December 7, 2020 and would have placed further restrictions on the H-1B program, including in particular narrowing the definition of “specialty occupation.”

The Court Order, effective immediately, found that the agencies did not show good cause in bypassing the notice and comment period, required by the Administrative Procedures Act.

For more information, again here’s the direct link:  https://www.mondaq.com/unitedstates/employee-rights-labour-relations/1012618/court-order-halts-dol-and-dhs-interim-final-rules

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