The Trump administration is quickly unraveling the last administration’s efforts to prioritize those for deportation who pose a serious threat over those who don’t. The new administration is ignoring priorities that were put into place by the Obama Administration as a way to manage limited law enforcement resources. The priorities recognized that there is a finite budget available for immigration enforcement, thus making prioritization important. The approach now being pursued by the Trump Administration casts a wide net and will result in an aggressive and unforgiving approach to immigration enforcement moving forward.
The most significant indications of this shift came through the “Enhancing Public Safety in the Interior of the U.S.” executive order, issued January 25, 2017, which prioritizes for deportation those noncitizens who:
Have been convicted of any criminal offense;
Have been charged with any criminal offense;
Have committed acts that constitute a chargeable criminal offense;
Have engaged in fraud or willful misrepresentation in
Following the December 9, 2016 extension of the EB-5 Regional Center Program until April 28, 2017, there have been additional developments from an administrative, legislative and practical standpoint. Needless to say, the Program remains in limbo as to where it will end up and at what point in time legislation will be passed, especially considering the advent of a new administration and Congress. There could be final legislation current as of the April 28, 2017 deadline. That being said, given the change in administration and the political lobbying, related to the Program, that is taking place in Congress, there is no clear time limit as to when legislation will be finalized. What is apparent is that the situation is extremely complicated, with
Comment: H1B Reform, Processing EB5s, Border Wall
Today's Immigration Daily features several items of interest, including articles on H-1B Reform, Processing EB5s, Border Wall etc. Please scroll below to find the item(s) of interest to you. Please let us know your thoughts by writing to email@example.com.
Focus: International Students Expos in USA
International students are coming to the US in dramatically increased numbers. The explosion in Chinese, Indian and Korean students started less than a decade ago and continues. For EB-5 purposes
With recent campaign rhetoric and a new administration, H-1B reform is once again in the headlines. Reform is surely needed. But what type of reform?
The H-1B Cap and Lottery
There were 236,000 petitions filed for H-1B status in April 2016 for only 85,000 H-1B numbers, and USCIS ran a lottery to decide who would get an H-1B with an October 2016 start date. The lottery distribution itself has been challenged in court as unlawful in the case of Tenrec, Inc. v. USCIS. That case argues the statute specifies the distribution be "in the order in which a petition is filed" and not randomly. But whether the agency distributes the visas in a lottery, or in a wait list fashion (first-in first-out), capping the category per year means that there will be a wait to get a number, because those who lose the lottery in successive years are in a de facto waiting line. Many have entered for three years without a number - that's a wait. As
For generations, politicians have talked about constructing a border wall. The fact is that building a fortified and impenetrable wall between the United States and Mexico might make for pithy sound bites, but in reality it is unnecessary, complicated, ineffective, expensive, and would create a host of additional problems.
Extensive physical barriers already exist along the U.S.-Mexico border.
The U.S.-Mexico border is 1,954 miles long. Border security involves managing the flow of people and goods across the border and preventing the illegal entry of people and goods. The existing border security infrastructure includes physical barriers, aerial surveillance, and technology. More than 21,000 Border Patrol agents—as well as other Department of Homeland Security (DHS) and Department of Justice (DOJ) personnel— staff ports of entry, Border Patrol stations, forward operating bases, and checkpoints.
Current physical barriers along the U.S.-Mexico border include those intended to prevent illegal border crossings by foot (pedestrian fencing) and impede vehicles from smuggling persons or contraband (vehicle fencing). Secondary and tertiary layers of fencing further impede illegal crossings.
As of early 2017, approximately 650 miles of border fence already exists: 350 miles of primary pedestrian fencing, 300 miles of vehicle fencing, 36 miles of secondary fencing behind the primary fencing, and 14 miles of tertiary pedestrian fencing behind the secondary fence.
The existing barriers include tall metal or concrete posts, solid corrugated steel walls, metal fencing, and combinations of these designs.
In addition to physical barriers, surveillance tools, towers, cameras, motion detectors, thermal imaging sensors, stadium lighting, ground sensors, and drones are part of the vast existing infrastructure aimed at stopping the unauthorized entry of people, drugs, arms, and other illicit items.
Congress acknowledged that additional physical barriers are not necessary.
The Secure Fence Act of 2006 (Pub.L. 109-367), a law that passed with bipartisan support in both the House and Senate, required the construction of about 850 miles of double-layer fencing along five segments of the border.
A few years after passage, Congress recognized that 850 miles of additional border fencing was not feasible or necessary. In 2008, the Consolidated Appropriations Act of 2008 amended the 2006 law to reduce the required mileage of reinforced fencing to “not less than 700 miles of the southwest border where fencing would be most practical and effective . . . .” In addition, DHS is not required to install fencing “in a particular location along the international border of the United States if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location.”