U.S. Citizenship and Immigration Services issued updated guidance on July 5, 2018 that aligns its policy for issuing Form I-862, Notice to Appear (NTA), with the immigration enforcement priorities of the Department of Homeland Security.

USCIS, along with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), has legal authority under current immigration laws to issue NTAs. This latest Policy Memorandum updates the guidelines USCIS officers use to determine when to refer a case to ICE or to issue an NTA. The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

• Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.

Continue reading »

Tagged with:
 

By implication from the volume of arrests, the number of illegal border-crossers entering the United States through the southwestern border has plummeted to levels not seen for nearly forty years.  According to figures released last week by the Department of Homeland Security (DHS), 327,577 persons were arrested along the U.S.-Mexico border during fiscal year 2011, a drop in 25% from the prior year and a pittance of the 1.6 million persons arrested in 2000.  This trend, coupled with Immigration and Custom Enforcement’s (ICE) removal of nearly 400,000 individuals from the country in fiscal year 2011 – the largest number of removals in the agency’s history – bodes favorably for the immigration reform debate, given the frequent caveat by tepid proponents of immigration reform that the border must be secured before comprehensive changes to immigration laws are implemented.  Since 2004, the number of Border Patrol agents has been doubled and physical barriers improved, along with technological advances in security measures, such as the use of cameras, sensors and Predator drones (yes, Predator drones).  Will a precipitous drop in illegal migration change the political environment for comprehensive immigration reform? Stay tuned.

In a surprise ruling that further empowers states’ rights to control immigration, U.S. District Judge Sharon Lovelace Blackburn left intact most provisions of a Alabama law that goes further than federal law in restricting access to public benefits and providing grounds for the arrest and detention of suspected illegal immigrants by local law enforcement officers.  A challenge to the recently-passed law was brought by the Department of Justice and a coalition of civil rights groups.  While striking down some provisions, such as the proposed restriction of access to public universities, Judge  Lovelace Blackburn upheld most other provisions, including making application for a driver’s license or vehicle registration by illegal immigrants a felony; requiring schools to check the immigration status of children; allowing for the arrest and detention of suspected illegal immigrants by local law enforcement; and nullifying private contracts (such as leases) knowingly entered into with illegal aliens.  This judicial development creates further conflict between the federal immigration system and increasingly assertive states’ rights, a growing schism likely headed to SCOTUS for resolution.  From The Huntsville Times.

The Department of Homeland Security has increased national security reviews of travelers who overstay their visas, including cross-checking individuals with interagency databases. Announcing a program that effectively started this past spring, DHS deputy counterterrorism coordinator John Cohen revealed that a recent check of 1.6 million overstay records resulted in follow up investigations by Immigration and Customs Enforcement (ICE) agents of almost 2,000 individuals deemed possible threats to national security or public safety. The program, initially recommended by the 9/11 Commission in response to the terrorist hijackers who overstayed their visas, is expected to continue for the indefinite future. From the New York Daily News.

Tagged with: