Immigration News

Court Says TPS Recipients Are Eligible to Adjust to LPR Status

Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence. In February 2015, the American Immigration Council and AILA submitted an amicus brief with the Ninth Circuit in support of the appellee.

New Executive Order – Still a Muslim Ban – Iraq Exempted

Washington (CNN)US President Donald Trump signed a new executive order Monday that bans immigration from six Muslim-majority countries, dropping Iraq from January’s previous order, and reinstates a temporary blanket ban on all refugees.

The new travel ban comes six weeks after Trump’s original executive order caused chaos at airports nationwide before it was blocked by federal courts. It removes out language in the original order that indefinitely banned Syrian refugees and called for prioritizing the admission of refugees who are religious minorities in their home countries. That provision drew criticism of a religious test for entry and would have prioritized Christians over Muslims fleeing war-torn countries in the Middle East.

The new ban, which takes effect March 16, also explicitly exempts citizens of the six banned countries who are legal US permanent residents or have valid visas to enter the US — including those whose visas were revoked during the original implementation of the ban, senior administration officials said.

“We cannot compromise our nation’s security by allowing visitors entry when their own governments are unable or unwilling to provide the information we need to vet them responsibly, or when those governments actively support terrorism,” Attorney General Jeff Sessions said Monday.
The new measures will block citizens of Syria, Iran, Libya, Somalia, Sudan and Yemen from obtaining visas for at least 90 days. The order also suspends admission of refugees into the US for 120 days, directing US officials to improve vetting measures for a program that is already widely regarded as extremely stringent.

Trump signed the executive order earlier Monday in the Oval Office outside the view of reporters and news cameras, after more than three weeks of repeated delays, the latest of which came after White House officials decided […]