Immigration BLOG

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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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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On March 6, 2017, President Trump issued a new Executive Order entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” effective March 16, 2017, which revoked the January 27, 2017 Order (see previous blog). Beginning March 16, 2016, the new Order prohibits entry into the U.S. by immigrants and nonimmigrants from six predominantly Muslim countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for at least 90 days.  Some exceptions and case-by-case waivers could be applied to nationals of these 6 countries, provided that the foreign national is able to demonstrate that his or her entry into the U.S. is in the national interest, will not pose a threat to national security, and that denying entry during the suspension period will cause undue hardship.  This Order applies to foreign nationals of these 6 countries who are outside of the U.S. on March 16, 2017, did not…
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