DHS Secretary Kevin McAleenan Resigns
After serving for merely six months serving as Acting Secretary of the Department of Homeland Security (DHS), Kevin McAleenan resigned on October 11. McAleenan, the fourth DHS Secretary of the Trump Administration, focused his efforts as Secretary cracking down on asylum applicants and reducing overall entries to the United States. Though he considered himself successful during his tenure, he was said to have had an embattled relationship with the White House, taking extreme positions on immigration. McAleenan agreed to remain Acting Secretary until the end of October, and DHS kept promoting his activities several days following the announcement of his resignation.
While no replacement for McAleenan has been named by the Administration, there is speculation that Ken Cuccinelli of USCIS will likely be the candidate despite the possibility he would face a difficult confirmation battle in the Senate. Recently, the Trump Administration has simply been naming key appointees as “Acting” Directors and Secretaries. The Federal Vacancies Act dictates who can be appointed to acting and interim positions, and the legitimacy of Cuccinelli’s USCIS appointment has been questioned. His appointment seems to violate the law and potentially provides a legal argument to someone seeking to challenge actions taken by USCIS. Similarly, Cuccinelli would not be eligible for an interim DHS secretary position and would need to be confirmed by the senate according to law.
For more information, view the full article from CBS News.
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USCIS Removes Means-Tested Benefit Criteria From Form I-912
United States Citizenship and Immigration Services (USCIS) revised Form I-912, Request for Fee Waiver, removing the means-tested benefit criteria. The criteria was previously utilized as a factor in determining an applicant’s qualification for exemption from paying for filing fees or biometric services. Individuals are still permitted to request a fee waiver, but only if their documented annual income is below 150% of the Federal Poverty Guidelines or if they are capable of adequately demonstrating financial hardship.
The means-tested benefit is a public benefit, provided by federal, state, or local agencies, the eligibility for which and the amount of relief received are determined by an individual’s income and resources. USCIS previously considered Medicaid, Supplemental Nutrition Assistance Program, Temporary Assistance to Needy Families, and Supplemental Security income during eligibility evaluations.
Justifying the removal of the means-tested benefic criteria, USCIS stated that the criteria is ineffective in reviewing fee-waiver review requests, with great variations existing in the income levels used to decide local assistance eligibility from state to state. USCIS also noted how reliant USCIS is on fees, citing that more than 95% of the USCIS budget comes from fees.
Based on the revised criteria, individuals may still request a fee waiver if their documented annual household income is at or below 150% of the Federal Poverty Guidelines or if they can demonstrate financial hardship. USCIS still requires applicants to fill out a Form I-912 and submit supporting documentation, including federal tax transcripts, and the agency will not accept a letter affirming the applicant’s inability to afford filing fees or biometric services without a completed Form I-912.
Beginning December 2, fee waiver seekers need to submit the 10/24/19 version of Form I-912. After that date, USCIS will reject any Form I-912 submitted which has an edition date of 03/13/18 or earlier, a fee waiver request submitted with a letter, or documentation of receipt of means-tested benefit showing eligibility for a fee waiver. Under the previous policy, AFM 10.9, Waiver of Fees, USCIS will adjudicate all fee waiver requests which are postmarked before December 2.
For more information, view the USCIS announcement.
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USCIS Initiates Production of Security-Enhanced Travel Documents
In an effort to prevent the tampering, counterfeiting, and fraudulence of secure documents, on October 24, USCIS initiated the production of a new security-enhanced document, which resembles a U.S. passport and has two purposes. The new travel document can be used in lieu of:
- Form I-327, Permit to Reenter the United States. Lawful permanent residents utilize the Form I-327 in order to return from temporary travel outside the U.S. and, in some instances, can use it instead of a passport; and
- Form I-571, Refugee Travel Document. Individuals who have refugee or asylum status use the Refugee Travel Document in order to temporarily travel outside of the U.S. and, in some instances can use it instead of a passport.
There are numerous security features included in the new travel document, including:
- Redesign of the booklet cover
- Four montages containing three images of recognizable U.S. architecture utilized throughout the booklet
- Combined use of first-, second-, and third-level security features (overt, covert, and forensic):
- Overt: identifiable by visual inspection, such as the central image of the Statue of Liberty.
- Covert: requiring a specialized tool, such as a magnifying glass, to identify fine detail artwork.
- Forensic: requiring laboratory examination in order to identify.
Previous editions of the travel document will remain valid until their given expiration date.
For more information, view the USCIS announcement.
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.