President Trump’s administration is facing an unprecedented number of lawsuits over his immigration policies. By end of 2020, we can expect court decisions on many of these lawsuits. The judicial branch may also make a stance on the limits of the President’s authority to implement policies without congressional support. The outcome of these cases will affect millions of immigrants to the United States. Let us take a look at all these contentious proceedings on the dockets across the country.
Presidential Proclamation Regarding Immigrants and Health Insurance
In early October 2019, the White House issued a presidential proclamation using Section 212(f) of the Immigration and Nationality Act to bar new immigrants from entering the country without health insurance. The premise of the proclamation is that admitting new immigrants with no health insurance would be detrimental to U.S. interests. President Trump has used 212(f) authority before to impose his travel ban.
To counter the potentially detrimental impact on thousands of otherwise eligible immigrants, a lawsuit has been filed seeking to block the health insurance proclamation. On November 2, 2019, a federal judge in Oregon issued a temporary restraining order that will halt the proclamation until he decides on the merits of the case.
On August 14, 2019, the Department of Homeland Security (DHS) published its final rule on Inadmissibility on Public Charge Grounds. The new rule expanded the definition of public charge and would severely restrict legal immigration.
However, the government cannot roll out the rule, just yet. Judges in five states have ordered that DHS cannot implement and enforce the final rule on the public charge ground of inadmissibility,” Since these judge’s injunctions apply nationwide, they prevent USCIS from implementing the rule anywhere in the United States.
Deferred Action for Childhood Arrivals (DACA)
Former Attorney General Jeff Sessions announced a plan to end the DACA program, created under the Obama administration. DACA granted work authorization and administrative relief from deportation for those who came to America before the age of 16, completed high school or were in school, and passed background checks. As of today, there are between 690,000 and 800,000 DACA recipients living, studying or working in the country. Next week, the Supreme Court will hear three consolidated cases that challenge Trump’s plan on DACA.
Temporary Protected Status (TPS)
In October 2018, U.S. District Court blocked the Trump administration’s attempt to rescind TPS for Sudan, Nicaragua, Haiti and El Salvador. Currently, about 300,000 people are holding TPS in the U.S. from these countries. While the case proceeds along the judicial system, on November 1, 2019, USCIS extended the protected status for immigrants from the four countries through Jan 4, 2021.
Pending court decisions are important not only to family-based immigrants, but also businesses that want to hire foreign nationals, such as international students who are about to finish their education in the United States. Companies have filed many individual lawsuits to gain approvals for H-1B petitions denied by USCIS. The judge’s ruling in the consolidated case of ITServe Alliance v. USCIS will have serious implications on how USCIS will adjudicate H-1B cases in the near future.
With so much uncertainty in immigration right now, it’s imperative for individuals and businesses to hire the best legal counsel to assist with their applications. Give us a call for a free case evaluation and get the help you need from one of our experienced immigration attorneys today!