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Articles Posted in Court Injunction

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a very important new update regarding the “public charge,” rule. On July 29, a federal judge in the state of New York issued a ruling temporarily blocking the Trump administration from enforcing the public charge rule on noncitizens seeking permanent residency in the United States, as well as nonimmigrant visa applicants abroad, for as long as the coronavirus pandemic remains a public health emergency. The ruling was made in response to a federal lawsuit filed by several states against the government, U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al.

Stay tuned for more information on this topic.


Overview

In response to a lawsuit filed by the states of New York, Connecticut, and Vermont, challenging the “public charge” rule, federal judge George Daniels approved a nationwide injunction, which temporarily blocks the government from “enforcing, applying, implementing, or treating,” as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

The judge in this case ultimately sided with the states recognizing that the public charge rule ultimately discourages non-citizens nationwide from obtaining the necessary treatment and care they would need during the Coronavirus pandemic. In his opinion, the judge stated that in consideration of the “substantial harm” that the public would suffer from application and enforcement of the public charge rule, it was necessary to issue a temporary injunction to preserve the status quo and allow non-citizens to seek public benefits necessary for their health and well-being. The judge stated, “no person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the dilemma that Diversity Visa applicants are currently facing. What will happen to those who won the diversity visa lottery but are unable to apply for an immigrant visa because of the new proclamation? We answer your questions here and provide other helpful immigration tips. Stay tuned for more information on this topic.


Overview


As many of you know the executive order, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” signed by the President on June 22nd suspends the entry of certain H, J, and L non-immigrants until December 31, 2020 and also extends the previous presidential proclamation signed on April 22nd which barred DV lottery winners from applying for an immigrant visa. Those affected by the April order include diversity visa applicants selected in the DV lottery, who are outside the United States as of the date of the proclamation, and otherwise have no immigrant visa or official travel document allowing them to enter the United States.


Q: What is the impact of this proclamation on DV lottery winners outside the country?

Unfortunately, this proclamation has devastating consequences on DV lottery winners currently residing outside the country. The order could potentially eliminate the possibility of applying for a visa based on diversity visa lottery selection, because DV applicants must be approved for a visa before the September 30, 2020 deadline.


Q. Is there any relief for DV lottery winners?

Lawsuits

Potentially. On April 27th a class action lawsuit by multiple plaintiffs was filed President Donald Trump, DHS, Acting DHS Secretary Chad Wolf, DOS, and DOS Secretary Michael Pompeo, in the U.S. District Court for the District of Columbia challenging the April 22nd  Presidential Proclamation arguing that the proclamation interferes with family reunification, violates the INA, the Administrative Procedure Act (APA), and the Fifth Amendment’s Due Process Clause.

The plaintiffs in the lawsuit asked for a preliminary and permanent injunction (a court order) to block the government from implementing or enforcing the Proclamation on those impacted the April 22nd proclamation including FY 2020 diversity visa lottery winners.

Unfortunately, on May 18, 2020, the district court denied the Temporary Restraining order, which means the government can continue to enforce the April 22nd proclamation until further notice.

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In this post, attorney Jacob Sapochnick discusses what the President’s March 5th deadline means for DACA recipients and what DACA holders should expect within the coming months. The President while rescinding the DACA program, had given Congress until March 5 to pass legislation creating a path to citizenship for Dreamers. Congress however failed to deliver on their promise, and Senators are continuing their negotiations to reach a bipartisan deal on immigration that would allow Dreamers to apply for permanent residency after fulfilling several criteria.

By court order, individuals whose DACA benefits expire on or after September 5, 2016 may apply for a renewal of their status. In addition, individuals whose DACA benefits expired before September 5, 2016 or whose DACA benefits were previously terminated at any time, may file a new initial DACA request following the Form I-821D and Form I-765 instructions.

It is estimated that approximately 668,000 immigrants have been issued work permits under DACA that will expire March 5th or later, however these individuals may seek a renewal of their status as previously mentioned, and continue working and remaining in the United States for an additional 2 years without fear of deportation.

For more information on the future of DACA please click here.

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In this Facebook live stream, attorney Jacob J. Sapochnick discusses the legal significance of the Temporary Restraining Order (“TRO”) issued Friday, February 3, 2017, by a federal judge from the Western District of Washington. The TRO has temporarily suspended all provisions of  the President’s Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” nationwide. This means that the travel ban on foreign nationals from the 7 Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) has been suspended, and the U.S. Refugee Admissions Program has been reinstated. For more information please keep watching.

Travel Ban Blocked by Federal Judge: update Live discussion

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, February 3, 2017

In his ruling, Judge Robart stated that after hearing arguments, the States adequately demonstrated that they have suffered immediate and irreparable harm because of the signing and implementation of the order, and that granting a TRO would be in the public interest. In addition he stated “the Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States. . . are significant and ongoing.” A three-judge panel from the Ninth Court Court of Appeals is expected to issue a final ruling on the Executive Order tomorrow.

Since issuance of the TRO, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” including “actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.”

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In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Why can’t the President just give permanent residency to undocumented persons?

Overview: 

Only Congress may pass legislation that will create a path to citizenship for undocumented immigrants known as “amnesty.” The constitution of the United States limits the president’s authority to pass laws. The President may only pass executive actions to provide temporary relief when Congress is unwilling to act or there is a state of emergency. A popular belief that many people have is that the DACA program and the now defunct DAPA programs offer undocumented persons a sort of amnesty. This belief is incorrect. The current DACA program offers only temporary relief to undocumented persons living in the United States. It was designed to shield undocumented persons from deportation and provide them an opportunity to obtain temporary employment authorization.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What is the Execution Action on immigration all about? What will happen if DACA/DAPA passes? For the answer to this question please keep watching. For more information about these executive actions please click here.

Overview: 

On November 20, 2014, President Barack Obama introduced a series of executive actions on immigration. The most important aspects of his executive actions include the expansion of the Deferred Action for Childhood Arrivals program (DACA) program and the implementation of the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. The President also announced new initiatives to crack down on illegal immigration, prioritize deportation of felons and other criminals, require undocumented immigrants to pass a criminal background check, and enforce payment of taxes by granting eligible undocumented immigrants temporary protection from deportation. Applications for the expanded DACA and new DAPA program were supposed to begin to be accepted on February 18th however a federal court order has suspended these programs from going into effect. The Supreme Court will hear arguments for the lawsuit challenging DACA/DAPA (United States v. Texas) today April 18, 2016 with a final decision expected in June.

From the USCIS website:

The Executive Action initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years; 
  • Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents* program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks;
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens;
  • Modernizing, improving and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs ;
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee; 

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the modified Deferred Action for Childhood Arrivals (DACA) program, introduced in November 2014 as part of President Barack Obama’s executive actions on immigration. The modified DACA and DAPA programs have been temporarily suspended pending a federal court order. The Supreme Court will begin to hear oral arguments for United States v. Texas in April. For more information about these programs and their court proceedings please click here.

Overview: 

President Barack Obama’s announced his Executive Actions on Immigration on November 20, 2014. One of the new programs that was introduced is a modified Deferred Action for Childhood Arrivals (DACA) program for the purpose of expanding the population eligible for Deferred Action for Childhood Arrivals (DACA) program, a program that currently grants ‘deferred status’ to young people who came to the United States before turning 16 years old and have been continuously present in the United States since January 1, 2010. The modified DACA program and new DAPA program are currently suspended. The Supreme Court will rule on the constitutionality of both programs this summer.

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In this episode attorney Jacob Sapochnick, Esq. discusses the legislative update in regards to the court injunction which halted President Obama’s executive actions on immigration, including extended DACA and DAPA.

So far the following has happened:

– 5th Circuit did not grant the government’s request to stay the injunction

– There will be an oral argument on the merits of the case on July 10th

– Actions are being taken in the implementation of parole status for entrepreneurs and job creators

– Proposal in giving work authorization to people in certain cases who have approved I-140’s

– Labor Department wants to see perm process be modernized.

For questions and legal advice please call our office for a legal consultation.

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