Posted on: May 29th, 2018
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Dear Readers:

The volatility in immigration law continues unabated. In the last few weeks, we’ve seen new memos affecting H-1B employers who put workers at client sites and another dramatically changing the way three and ten-year reentry bars are applied to F-1 and J-1 visa holders. We’ve seen TPS discontinued for more countries. We’ve seen major changes in the way refugee children at the southern border are handled with hundreds now separated from their parents and being detained on military bases.

But one thing we haven’t seen is legislation passing in Congress. Nada. How is it possible we’re seeing the biggest change in our immigration system in decades and it is all happening without a single bill passing. Sadly, we have seen an abdication of responsibility for managing immigration policy from Congress to the President despite polling that overwhelmingly shows the public is not in favor of what’s happening.

Because Congress hasn’t stepped in, the advocates have. There are lawsuits filed challenging one change after another. And aside from the big actions challenging the changes, lawyers and clients are now more willing to go to court than they ever have been in the past. And they’re winning. That’s largely because the Administration has been sloppy and a lot of the changes they’re pushing require congressional action. Judges aren’t having it.

Which is all to say that while the situation appears bleak, there are reasons to be hopeful. The default is now to NOT accept the changes being pushed down to us and to go to court as well as the media. Not every one of these fights will result in beating the Administration. But a lot of them will.


Greg Siskind

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