Dear Readers:
We are now more than two months past the President’s announcement of his executive actions to address problems in the immigration system. The most controversial measures were the expansion of 2012’s Deferred Action for Childhood Arrivals program to include many more people and also the creation of a the new Deferred Action for Parental Accountability (DAPA) program. The expanded DACA program is set to start by May.
Republicans have not relented in their efforts to derail the two programs, though they have not yet any major success. In December, immigration hawks pushed the possibility of preventing a budget bill from being passed and shutting down the government. A bill passed extending funding for the government for a year and it did not address the President’s deferred action programs. Instead, the Department of Homeland Security’s budget was separated and extended until the end of February. The House passed legislation this month that funded DHS but barred the deferred action programs. But Senate leaders have informed House leaders that this is not going to pass in the Senate. So it will be very hard for Republicans to stop the programs in Congress.
Their next best hope is a case that is being argued in a US District Court in Texas. About two dozen Republican governors have joined together to sue the White House over the programs and they are seeking an injunction to prevent the President from proceeding with processing applications. The judge has a history of criticizing the White House over immigration policy and many believe this court was selected for filing the case precisely because of the judge’s reputation. The judge heard arguments on the injunction and is likely to make a ruling in the next few weeks. It is possible the judge will rule for the President and deny an injunction either because he doesn’t buy the substance of the plaintiffs’ arguments or because he doesn’t believe the states have standing to sue. He could also issue an injunction stopping the program nationally or in the 25 states that are suing. If he issues an injunction, the White House will likely ask the 5th Circuit to reverse the injunction. If that fails, then we would be looking at a delay of many months while the case works its way through the courts.
We have been expecting two skilled worker fixes based on the President’s remarks to come in the next few days or weeks. They are a memorandum from USCIS clarifying how L-1B specialized knowledge worker cases should be adjudicated and a new regulation granting work authorization documents to some H-4 visa holders. The other major development on skilled worker immigration was the Department of Homeland Security’s unusual announcement a few weeks ago in the Federal Register that it was soliciting ideas regarding “visa modernization.” President Obama mentioned that he would pursue such initiatives and the public has been given one month to provide feedback. Several major advocacy organizations have already submitted their suggestions.
We remind readers that we welcome new clients and if you are interested in scheduling an appointment with one of the firm’s lawyers, please visit our web site at www.visalaw.com where you can find our contact information.
Regards,
Greg Siskind
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.