Openers

Posted on: July 23rd, 2018
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Dear Readers:

I don’t need to tell readers of this newsletter that every month of the Trump Administration has felt like a roller coaster for those who deal with immigration matters. The past several weeks are a continuation of that theme.

A few items to note –

  • The family separation policy at the border is a continuing fiasco with news coverage not diminishing substantially and courts slapping down the Administration policy.
  • USCIS issued a memorandum directing examiners to issue Notices to Appear in deportation proceedings in cases where an applicant is rendered out of status because of the denial (even if USCIS is mistaken in their decision in the underlying case).
  • USCIS is now directing examiners to deny cases without issuing a Request for Evidence if they deem a required initial piece of evidence to be missing.

And these come on the heels of the Supreme Court upholding the travel ban which we reported on in our last issue.

What’s abundantly clear is that the White House has decided that immigration is an issue that they will continue to use as a line of attack. Congress is largely unwilling to get in the way. Which leaves the courts as the main obstacle for the White House. And an obstacle they have become as nearly every White House move has been met with a lawsuit and in most cases, with a judge that is not going to give the Administration a free pass to skip required administrative rulemaking requirements (and Constitutional ones, of course).

 

Regards,

Greg Siskind

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