Mandatory Detention of Non US Citizens Not Promptly Apprehended when Released from Criminal Custody
The US Supreme Court issued a decision on March 19, 2019, siding with the current administration on the application of mandatory detention of non US citizens after release from criminal custody. By statute, a non US citizen that “is released” from a prior criminal custody is subject to mandatory detention, without a bond hearing, pending removal proceedings.
In 2016, the Ninth Circuit Court of Appeals affirmed a District Court’s decision finding that the practice of imposing mandatory detention on individuals who committed certain enumerated offenses, but who were not detained immediately when released from state custody, violated the plain language of the Immigration and Nationality Act. The Ninth Circuit reasoned that in order to apply mandatory detention and deny a bond hearing, the government was required to take the non US citizen into custody “promptly” after they were released from criminal custody. According to the Ninth Circuit, the government’s practice of mandatorily detaining non US citizens years after they were released from custody and not providing them with a bond hearing violated the INA.
The US Supreme Court’s decision reverses the Ninth Circuit’s decision and allows the government to apprehend non US citizens without a bond hearing, regardless of when the release from criminal custody occurred and maintain them in custody while their removal proceedings are completed.
USCIS Resumes Premium Processing for H-1B Petitions
On March 12, 2019, USCIS resumed premium processing for H-1B petitions. When properly requested, premium processing guarantees a 15 day processing time. If no action is taken on the petition within the 15 calendar day processing time, USCIS will return the premium processing fee and continue with expedited processing of the petition. In cases where premium processing has been properly requested, USCIS must, within 15 days, take action on the petition, this includes issuing a decision on the petition or requesting additional evidence.
For pending H-1B petitions, the petitioner may send a request for premium processing to the service center where the petition is currently pending. Petitioner should include the receipt or transfer notice sent by USCIS with their request for premium processing.
Social Security Administration: New System of Records
The Social Security Administration (SSA) issued notice of a new system of records entitled Travel and Border Crossing Records to collect information about applicants, beneficiaries, and recipients of Social Security benefits under Titles II, XVI, and XVIII of the Social Security Act (the “Act”). According to the publication in the Federal Register, the information in this system will be used to identify applicants, beneficiaries, and recipients under Titles II, XVI, and XVIII of the Act who have had absences from the U.S. to establish or verify initial or ongoing entitlement to benefits.
The SSA suspends Title II benefits to aliens who remain outside of the U.S. for more than six (6) consecutive calendar months and generally suspends Title II benefits to both U.S. citizens and non U.S. citizens who travel to a country where payment is restricted by the U.S. Additionally, the SSA suspends Title XVI payments to both citizen and noncitizen recipients who are outside of the U.S. for a full calendar month or 30 consecutive days or longer.
If you have questions about your immigration case here in Florida, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Groups. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any family or marital legal issues you may be experiencing.
