This month, two US District Courts issued preliminary injunctions against the government in regards to the handling of asylum cases.
Bond Hearings: In its preliminary injunction ruling, the US District Court for the Western District of Washington, ordered the immigration courts to do the following within 30 days of the order:
1. Conduct bond hearings within seven days of a bond hearing request by a class member and release any class member whose detention time exceeds that limit;
2. Place the burden of proof on the Department of Homeland Security in those bond hearings to demonstrate why the class member should not be released on bond, parole, or other conditions;
3. Record the bond hearing and produce the recording or verbatim transcript of the hearing upon appeal; and
4. Produce a written decision with particularized determinations of individualized findings at the conclusion of the bond hearing.
Members of the class to whom the above applies are those detained asylum seekers determined to have a credible fear of persecution but not provided a bond hearing with a verbatim transcript or recording of the hearing within seven days of requesting a bond hearing.
Remain in Mexico Policy: On April 8, 2019, the U.S. District Court for the Northern District of California, issued a preliminary injunction stating that the Trump administration must stop implementing their policy of keeping asylum seekers in Mexico while their asylum case is being processed. The administration was given until 5:00 pm on April 12, 2019, to stop the program. In addition, the administration was further ordered to allow the 11 migrants named in the lawsuit to enter the US within two days of the order.
Fiscal Year 2020 H-1B Regular Cap Reached
On April 5, 2019, USCIS announced that it had received a sufficient number of petitions to reach the 65,000 H-1B visa regular cap for fiscal year 2020. Unselected cap-subject petitions will be returned, along with the filing fees.
USCIS will continue to accept and process petitions that are exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the fiscal year 2020 H-1B cap. USCIS will continue to accept and process petitions filed to:
1.Extend the amount of time a current H-1B worker may remain in the United States;
2.Change the terms of employment for current H-1B workers;
3.Allow current H-1B workers to change employers; and
4.Allow current H-1B workers to work concurrently in a second H-1B position.
TPS Re-Registration Period Open for South Sudan
Current beneficiaries of Temporary Protected Status (TPS) under South Sudan’s designation who want to maintain their status through the 18-month extension period ending on Nov. 2, 2020, must re-register between April 5, 2019, and June 4, 2019. To re-register, applicants must submit Form I-821, Application for Temporary Protected Status and, if applying for employment authorization, they must submit Form I-765, Application for Employment Authorization. USCIS will issue new EADs with a Nov. 2, 2020, expiration date to eligible beneficiaries under South Sudan’s TPS designation who timely re-register and apply for EADs. To accommodate processing times, USCIS automatically extended the validity of the employment authorizations that expire on May 2, 2019, through Oct.29, 2019.
applicants who have held H-2B status in at least one of the past three fiscal years. Additional information will be made available by the Department.
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 firstname.lastname@example.org to discuss any family or marital legal issues you may be experiencing.