Border and Enforcement News

Posted on: January 24th, 2018
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Federal Court Judge Orders Trump Administration Resume DACA

San Francisco court judge William Alsup ruled to temporarily block the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, until litigation over the program’s fate plays out. Referring to the Department of Homeland Security’s decision as being “based on a flawed legal premise,” Alsup’s decision allows for the program to remain in effect, permitting DACA recipients who failed to meet last year’s deadline to submit renewal application, though newly submitted applications will not be accepted. This decision responds to the September announcement by the Trump administration rescinding the Obama-era program which permits the stay and employment of certain individuals brought to the country at a young age, without the fear of deportation.

For more information, view the full article.
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Secretary of Homeland Security Announces Termination of Temporary Protected Status for El Salvador

Secretary of Homeland Security Kristjen M. Nielsen announced the termination of Temporary Protected Status (TPS) designation for El Salvador, a decision that will take effect in 18 months, on September 9, 2019. Secretary Nielsen claimed that after extensive research, she determined that the extreme conditions in El Salvador following the 2001 earthquakes are no longer present, so the TPS designation which was given as a result of those conditions was deemed no longer necessary. Furthermore, the repatriation of over 39,000 Salvadorians over the past 2 years suggests the conditions which would inhibit the country’s ability to adequately return its citizens no longer exist.

DHS stated that in order to facilitate a smooth transition reintegrating the citizens to El Salvador, it has delayed the effective date of the termination of status by 18 months. The 18-month delay in effective date is also intended to permit Congress enough time for a long-term solution to address the immigration status of those under TPS who have held residence and employment in the country for an extended period of time. Individuals currently under TPS will be required to re-register for TPS and apply for Employment Authorization Documents, so they may legally work in the country until the termination date of September 9, 2019.

For more information, view the DHS press release.
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Temporary Protected Service Designation for Haiti Terminated

On November 20, 2017, acting Secretary of Homeland Security Elaine Duke announced the termination of Temporary Protected Status (TPS) for the country of Haiti. The status was originally granted to Haiti in 2010, following the 7.0 magnitude earthquake which caused severe damage across the country and made safe return for its citizens in the United States impossible. After reviewing the current circumstances, the acting secretary determined that those conditions no longer existed and that continuing TPS for Haiti was no longer warranted.

The Temporary Protected Status designation for Haiti will expire on January 22, 2018, but in order to facilitate a smooth transition, an effective date of July 22, 2019, 18-months following the end of current designation, was named for the termination. In order to re-register for TPS under the Haiti designation, individuals are required to submit a Form I-821, Application for Temporary Protected Status. Individuals’ Employment Authorization Documents (EADs) with the expiration date of January 22, 2018 will automatically be extended 180 days until July 21, 2018, but in order to remain valid through July 22, 2019, individuals must file a Form I-765, Application for Employment Authorization.

For more information, view the DHS Notice.
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State Department Tells Refugee Agencies to Downsize U.S. Operations

The U.S. State Department informed refugee agencies about its plans to dramatically decrease the number of refugee resettlement offices across the country, in accordance with the Trump administration’s goal to cut the overall number of refugees permitted entry into the United States. Experts suggest the total number of resettlement agencies affected in these closings could be in the dozens, which could possibly render some refugees helpless without services aiding in their integration into American life.

There are nine nonprofit resettlement agencies which handle all the resettlement efforts in the country. They either work with or oversee offices in almost every state, which work to help refugees with essential tasks such as enrolling children in school, coordinating visits to the doctor, and applying for documents such as a Social Security card. Though the agencies are independently operated, they receive federal funding and are required to receive government approval before any relocation takes place. The agencies hope to coordinate the closures, so they can keep one agency open in as many different states as possible.

The Trump administration has stated it wants to promote quick assimilation of refugees in order to protect national security and promote independence, but many believe that these closures will do more to hinder than help that goal.  In the face of these closings, the offices have asserted their commitment to help those currently in the country get the basic aid they need, regardless of whether those individuals are resettled.

For more information, view the full article.

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