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Will Justice Scalia’s Death Impact the Court’s DAPA Decision?

WASHINGTON — Justice Antonin Scalia’s death will complicate the work of the Supreme Court’s eight remaining justices for the rest of the court’s term, probably change the outcomes of some major cases and, for the most part, amplify the power of its four-member liberal wing.

It takes five votes to accomplish most things at the Supreme Court, and until Saturday, that meant Justice Anthony M. Kennedy was in control when the court’s four-member liberal and conservative blocs lined up against each other. But with three remaining conservatives, only the liberal side can command a majority if it attracts Justice Kennedy’s vote. And if it does not, the result is a 4-to-4 deadlock.

If that happens, the court can automatically affirm the decision under review without giving reasons and without setting a Supreme Court precedent. Or it can set the case down for re-argument in the term that starts in October in the hope that it will be decided by a full court.

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RELATED COVERAGE

After Antonin Scalia’s Death, Fierce Battle Lines EmergeFEB. 14, 2016
Congressional Memo: Mitch McConnell’s Stance in Confirmation Fight Could Help and Hurt G.O.P.FEB. 14, 2016
Potential Nominees Obama May Consider to Fill Antonin Scalia’s SeatFEB. 14, 2016
Antonin Scalia, Justice on the Supreme Court, Dies at 79FEB. 13, 2016
“It has been an extraordinarily long time since the Supreme Court has been forced to deal with a departure that occurs in the middle of the term, as the court does here with Justice Scalia’s death,” said Justin Driver, a law professor at the University of Chicago. “This event almost certainly throws many cases that had been tentatively decided by 5-4 margins into grave doubt, and will likely require the justices to reassess many opinions.”

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Pro-union demonstrators […]

SUPREME COURT TO HEAR DAPA CASE – COULD HELP PARENTS OF U.S. CITIZENS

Supreme Court to Hear Challenge to Obama Immigration Actions
By ADAM LIPTAK and MICHAEL D. SHEARJAN. 19, 2016 261 COMMENTS
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Immigration supporters from CASA de Maryland, an advocacy group, rallied outside the Supreme Court on Friday. Credit Doug Mills/The New York Times

WASHINGTON — The Supreme Court said Tuesday that it would consider a legal challenge to President Obama’s overhaul of the nation’s immigration rules. The court, which has twice rejected challenges to Mr. Obama’s health care law, will now determine the fate of one of his most far-reaching executive actions.

Fourteen months ago, Mr. Obama ordered the creation of a program intended to allow as many as five million illegal immigrants who are the parents of citizens or of lawful permanent residents to apply for a program sparing them from deportation and providing them work permits. The program was called Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA.

 

Obama Administration Asks Supreme Court to Save Immigration PlanNOV. 20, 2015
Appeals Court Deals Blow to Obama’s Immigration PlansNOV. 9, 2015
In Courts, Running Out the Clock on Obama Immigration Plan OCT. 13, 2015
The president has said the program was the result of years of frustration with Republicans in Congress who had repeatedly refused to support bipartisan Senate legislation to update immigration laws. In an Oval Office address just before Thanksgiving in 2014, Mr. Obama excoriated Republicans for refusing to cooperate and told millions of illegal immigrants, “You can come out of the shadows.”

But the president’s promise has gone unfulfilled. A coalition of 26 states, led by the attorney general in Texas, a Republican, quickly filed a lawsuit accusing the president of ignoring federal procedures for changing rules and of abusing the power of his office by sidestepping Congress.

In […]

VISA BULLETIN – JANUARY 2016

Number 88
Volume IX
Washington, D.C

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A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringJanuary for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by December 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this […]

ICE targeting refugees from Central America

The detentions of at least 11 families across the country marked the first day of an effort by the government to find and deport Central American migrants who sought refuge in the U.S. and stayed illegally, immigrant advocates said Saturday.

Unlike a string of immigration raids in the mid-2000s, agents do not plan to conduct workplace raids or other mass enforcement actions, but will instead target addresses for families with deportation orders.

In Norcross, Ga., on Saturday, Joanna Gutierrez said her niece and niece’s 9-year-old son were taken by Immigration and Customs Enforcement agents, who arrived in an unmarked car and presented Gutierrez with a warrant for a man she didn’t know.

Gutierrez says she told the agents they needed a warrant to enter her home. They told her they didn’t, she says, and walked inside, checking every room in the house and waking her children. “They were shaking from fear,” Gutierrez said of the children in a phone interview Saturday night.

After searching the house, the agents showed Gutierrez a photo of her niece, 30-year-old Ana Lizet Mejia. Mejia fled Honduras when her brother was killed by gangs. She entered the U.S. illegally with her son as part of a wave of Central American migrants seeking refuge from violence in the summer of 2014.

We think they are gathering people at the Atlanta field office. We have no idea what’s going on there.- Adelina Nicholls, Georgia Latino Alliance for Human Rights

Mejia had never missed a court date, Gutierrez said, and wore an ankle monitor provided by the court.

“Why abuse a person who is already in the control of the court?” Gutierrez said.

According to an online inmate locater, Mejia and her son are now in custody, though ICEofficials would not […]

Visa Bulletin For January 2016

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringJanuary for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by December 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin. If at any time an annual […]

Visa Bulletin For December 2015

Number 87
Volume IX
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringDecember for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by November 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this […]

Governor Kate Brown welcomes Syrian refugees to Oregon

Gov. Brown: Oregon Will Accept Syrian Refugees
by OPB Staff OPB | Nov. 17, 2015 11:15 a.m.

A Syrian refugee holds her passport at the Turkish Cilvegozu gate border,  Sept. 4, 2013.
Gregorio Borgia

Oregon Gov. Kate Brown announced via Twitter that Oregon will continue to accept refugees fleeing war-torn Syria.Last week, terrorists attacks rocked Paris and left 129 people dead and scores more wounded.

Since the attacks, governors in more than half of the United States have publicly opposed the resettlement of Syrian refugees over security concerns.

But Washington Gov. Jay Inslee bucked that trend Monday, saying that Washington state will welcome Syrian refugees. President Obama’s administration has pledged the U.S. to receive 10,000 people for resettlement over the next year.

Gov. Brown echoed that sentiment Tuesday.

Idaho Gov. Butch Otter did not join his Northwest colleagues in supporting the refugee relocation program, however. He joined several other Republican governors Monday in calling for an immediate stop to the refugee program until vetting rules can be reviewed.

U.S. Court of Appeals for the Fifth Circuit continues delay for DAPA – Is a trip to the Supreme Court next?

Washington D.C. – In a disappointing but unsurprising decision, a divided panel of the Fifth Circuit Court of Appeals today denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s latest deferred action initiatives from being implemented. This decision clears the way for the Obama Administration to take this case to the U.S. Supreme Court. The American Immigration Council urges the Administration to act promptly and seek immediate Supreme Court review.

The deferred action initiatives, announced almost one year ago, in November 2014, include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA). Together, these initiatives could provide as many as 5 million immigrants with temporary relief from deportation. The decision today means that the initiatives remain suspended.

Last November, after decades of congressional neglect, President Obama took a crucial, courageous and practical step toward reforming our immigration system. Using the executive’s well-established authority to regulate immigration and determine enforcement priorities, he adopted policies that would allow millions of U.S. citizen and lawful permanent resident children to remain with their parents, while at the same time ensuring that the government’s limited enforcement resources could be targeted toward real security threats. The Obama Administration should aggressively challenge the opinion in this case that states have standing—or legal authority—to file suit when they disagree with federal immigration policies. This sets a dangerous precedent.

As Judge Carolyn Dineen King, stated succinctly in her dissent, “a mistake has been made.” It now is up to the U.S. Supreme Court to correct this grave mistake—a mistake that sets not only a dangerous precedent, but one that is bad for families, bad for our communities, and bad for […]

November Visa Bulletin is here!

Visa Bulletin For November 2015

Number 86
Volume IX
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringNovember for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by October 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new […]

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?
Written by Beth Werlin October 8, 2015 in Department of Homeland Security, Executive Action, USCIS with 0 Comments

This week, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on what constitutes “extreme hardship” for purposes of an immigration waiver. The much anticipated guidance is a component of the Administration’s executive actions on immigration announced in November 2014. Many had hoped that the guidance, and its potential to make waivers available to more people, could help remove obstacles to obtaining legal permanent status in the United States. The guidance is in draft form only and has not gone into effect. USCIS now is seeking the public’s feedback, with comments due by November 23, 2015. Following review of the comments, USCIS will issue a final version.

The immigration laws contain several waivers that allow noncitizens to overcome certain bars to admission (such as having unlawful presence in the United States) where certain family members (called “qualifying relatives”) would suffer “extreme hardship.” The immigration statute, however, does not define the term “extreme hardship.” Over the years, the agency has failed to apply the hardship standard consistently. In a November 20, 2014 memo, Secretary of Homeland Security Jeh Johnson directed USCIS Director Leon Rodriguez to “clarify the factors that are considered by adjudicators in determining whether the ‘extreme hardship’ standard has been met.” In issuing such a directive, his intent was clear: “It is my assessment that additional guidance about the meaning of the phrase ‘extreme hardship’ would provide broader use of this legally permitted waiver.”

Whether the final guidance will achieve the goal of “broader use” of the waiver remains to be seen. The draft guidance, in […]