Immigration BLOG

Invisible Wall

Posted on October 18, 2018 by N. Peter Antone

The term “invisible wall” is a well-known term among immigration attorneys. While the current administration calls for the construction of a physical wall, the administration has already erected an invisible wall which appears to reduce and discourage, not only illegal immigration, but legal immigration as well. While one of the stated goals of the administration is to reduce regulations in order to promote businesses, there is one area where the reverse appears to be taking place. In the field of skills-based immigration law, the administration’s new policies, guidelines, and rules are making it more difficult for American businesses to bring necessary talent to the United States. This is being accomplished through new bureaucratic obstacles and excessive requirements that deter American corporations from bringing engineers, software and computer specialists, and other technical personnel, to the United States. Although the administration is framing these regulations as a necessary measure to protect U.S….
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Temporary Protected Status

Posted on October 11, 2018 by N. Peter Antone

On October 3, 2018, Federal Judge Edward M. Chen presiding over the United States District Court of the Northern District of California made a groundbreaking decision to grant a preliminary injunction to beneficiaries of Temporary Protected Status (TPS) from El Salvador, Haiti, Nicaragua, and Sudan. Temporary Protected Status, established by Congress in the Immigration Act of 1990, is a designation given by the Secretary of Homeland Security to countries that have been destabilized by catastrophe (war, natural disaster, epidemics, etc.) During the time that the Secretary of Homeland Security designates a country for TPS, TPS beneficiaries are not removable from the United States, can obtain employment authorization, and can be granted travel authorization. TPS grants protections to over 300,000 people in the U.S. from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. Through the end of 2017 and beginning of 2018, the Trump administration announced…
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EXECUTIVE ORDER BANNING TRAVEL FOR NATIONALS OF SIX MAJORITY-MUSLIM COUNTRIES HALTED

Posted on March 20, 2017 by N. Peter Antone

On March 15, 2017, the U.S. District Court for the District of Hawaii issued a worldwide temporary restraining order stopping the government from implementing the 90-day travel ban on entry into the U.S. by immigrants and nonimmigrants from six predominantly Muslim countries (Iran, Libya, Somalia, Sudan, Syria and Yemen), and the 120-day ban on the U.S. refugee program of President Trump’s Executive Order issued on March 6, 2017 (see discussion below). In addition, on March 16, 2017, the U.S. District Court of the District of Maryland joined the District of Hawaii. With the ruling of these two judges – others may follow – travelers from these six Muslim-majority countries and refugees will still be able to travel to the United States. The Department of State has advised that U.S. Embassies and Consulates will continue to process visas for nationals of the six countries as before. Interpretation and implementation of this…
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