Biden DOJ – No More Yearly Quotas

The Biden Administration’s Department of Justice is walking back a Trump-era rule that required immigration judges to meet yearly quotes. By doing so, the DOJ is giving immigration judges back their discretion in how to effectively run their courts.  With over 1.5 million cases in backlog, the Trump-era rule was not likely to increase the speed that judges heard cases nor is the new Biden DOJ direction going to slow down the speed at which IJ’s hear cases. It will, however, give judges back the authority, which they originally had.  The Biden Administration is looking to implement metrics for the immigration courts, but those will more than likely reflect prior administration’s metrics.

President Biden Moves to Protect Dreamers

President Biden’s administration released proposed measures in an attempt to protect Dreamers from deportation after a federal judge declared the original initiative illegal. This move seeks to fortify and to preserve an Obama initiative to protect people who arrived in the United States when they were minors. Biden’s Secretary Alejandro Mayorkas made a statement that this move seeks to “protect Dreamers and recognize their contributions to this country.” Secretary Mayorkas went further and noted that only Congress has the ability to provide permanent protection and that he was urging Congress to act. A measure to protect DACA recipients was foiled earlier this month in the Senate. However, lawmakers are still exploring options to protect Dreamers.

Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)

The BIA issued an opinion in  Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021).

A person who enters the United States as a refugee and later adjusts in the United States to lawful permanent resident status is not precluded from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 ‍U.S.C. § ‍1182(h) (2018), based on a conviction for an aggravated felony, because he or she has not “previously been admitted to the United States as an alien lawfully admitted for permanent residence” under that provision.

For more information on this case, please read the opinion here: https://www.justice.gov/eoir/page/file/1433676/download

To find out if you qualify for a waiver, please contact the Presti law Firm.

USCIS Announces New Vaccine Requirements

Effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693.

USCIS updated its policy guidance in accordance with the CDC’s guidance and requirements. That update requires applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination.

In general, individuals applying to become a lawful permanent resident, and other applicants as deemed necessary, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under the health-related grounds. USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for applicants within the United States and to document the results of the immigration medical examination on the Form I-693.

USCIS may grant blanket waivers if the COVID-19 vaccine is:

  • Not age-appropriate;
  • Contraindicated due to a medical condition;
  • Not routinely available where the civil surgeon practices; or
  • Limited in supply and would cause significant delay for the applicant to receive the vaccination.

Restaurant Executives Charged in RICO Indictment

Executives from a Missouri-based Mexican food distribution company and related restaurants in neighboring states have been charged in a RICO case. The federal government is alleging that the group hired undocumented workers, failed to pay taxes, failed to pay overtime wages and worker’s compensation for the employees in addition to creating false documents, visas, and money laundering.

Remain in Mexico Policy Stays in Effect

U.S. Supreme Court Justice Samuel Alito on Friday August 20th, 2021 temporarily halted a Texas federal judge’s order to reinstate the Remain in Mexico program. The temporary pause was set to expire on Tuesday at midnight unless the High Court takes further action on the case. The temporary pause gave the high court two working days to evaluate the case. On August 24, 2021, the Supreme Court denied the Biden administration’s petition to postpone a district court’s order to restart the so-called Remain in Mexico program. The Supreme Court stated that the government failed to show that the rescission was not arbitrary and capricious.