The Trump administration sues Los Angeles over its ‘sanctuary city’ policies and its resistance to cooperating on Immigration

Los Angeles is a key testing ground as the Trump administration clashes with Democrats over immigration

The suit, that names Mayor Karen Bass, the City Council and City Council President Marqueece Harris-Dawson as defendants, claims that Los Angeles’ laws and policies obstruct the enforcement of immigration laws. Bass’ office has not responded to this comment.

There is a definite chill in the air for undocumented workers and those that hire them.  Fearing roundups, car checks and other tactics, many immigrants are staying home.  Construction, agriculture, senior care and hospitality employers say that labor shortages will worsen. Employers who are responsible for their employees must reach out to their Representatives and Senators to insist that they fight for them and their businesses and institute a faster, more user-friendly immigration process be put in place immediately for these essential workers with a pathway to permanent residency and US citizenship.

Agents at ports of entry are becoming more aggressive in their tactics as the administration increases their efforts against green-card (permanent residents) and visa holders that oppose the rough and sometimes violent manner in which these policies are being implemented.

It is important to know your rights and to carry your immigration documentation with you at all times.  

**** Please review this important information: 

https://www.ilrc.org/sites/default/files/resources/imm_preparedness_kit_april2020_1.pdf

AILA has recently confirmed that that on certain H-1B cases, E-Verify is not authorizing employees who are working for an employer under H-1B portability regulations, specifically when the employee previously held H-1B status, but has since held a different interim status such as H-4 or F-1 student visa.

E-Verify has previously issued employment authorization confirmation for these cases under the H-1B portability provisions for employers in similar situations when a new H-1B petition has been filed and pending – but has not been approved yet.  However, recently, E-Verify has changed course and has been issuing final nonconfirmations for employees working pursuant to H-1B portability who currently hold status in other visa classifications.

What does the Law have to say on this?

We reference INA Section 214(n) which states:

• A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under Section 101 (a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a).  Employment authorization shall continue for the alien until the new petition is adjudicated.  If the new petition is denied, such authorization shall cease;
• A nonimmigrant alien described in this paragraph is a nonimmigrant alien – (A) who has been lawfully admitted  into the USA; (b) on whose behalf an employer has filed a non-frivolous petition  for new employment before the date of expiration of the period of stay authorized  by the Attorney General; and (C)  who, subsequent to such lawful admission, has not  been employed without authorization in the USA before  the filing of such petition.

What is E-Verify’s Position?

E-Verify bases it denial justification on the interpretation of the statute and guidance from USCIS, and thee Office of Chief Counsel at USCIS stating that such employees  should be issued a nonconfirmation because “The H-1B portability rule does not apply to a nonimmigrant who weres  in H-1B status at one time, but who are currently in another valid  status and for whom a non-frivolous I-129 Petition to obtain H-1B status has been filed.”

Release Date 03/12/2024

USCIS has begun implementing a streamlined process for Form I-765, Application for Employment Authorization, to provide Employment Authorization Documents (EADs) more efficiently to eligible refugees after they are admitted into the United States. This streamlined process shortens the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the United States as refugees on or after Dec. 10, 2023, will receive EADs pursuant to this new process.

Under U.S. law, a refugee is legally authorized to work as soon as they arrive in the United States. Obtaining proof of this work authorization in the form of an EAD, however, was previously a cumbersome paper-based process that led to undue delays. The new process is fully automated and no longer requires refugees to apply for an EAD, allowing for more efficient processing and adjudication of Form I-765 and quicker delivery of EADs after we approve them.

With this new process, USCIS will digitally create a Form I-765 for arriving refugees and begin adjudicating it as soon as they are admitted into the United States. After USCIS approves a refugee’s Form I-765, refugees will generally receive their EAD within one to two weeks. USCIS will mail their EAD via U.S. Postal Service Priority Mail to their address of record. The time frame for a refugee to receive their EAD card may vary, depending on delivery times. Please allow a total of 30 days before inquiring.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail a Social Security card to the refugee.

USCIS recognizes that documents such as an EAD and Social Security card are critical to a newly arrived refugee’s ability to integrate into the United States. This new process is the result of coordination across the U.S. government to support the U.S. Refugee Admissions Program and refugee integration. USCIS is committed to streamlining and digitizing our processes to make them more efficient. We launched this process on Dec. 10, 2023, following a successful trial period.

This process does not apply to following-to join refugees admitted into the United States based on an approved Form I-730, Refugee/Asylee Relative Petition. Additionally, refugees seeking a replacement or renewal EAD will still need to complete and submit Form I-765.

The Department of State (DOS) has released guidance and frequently asked questions on its new pilot program to resume domestic visa renewals for qualified H-1B non-immigrant visa applicants who meet certain requirements. The pilot program will accept applications from January 29, 2024, through April 1, 2024, or when all 20,000 application slots are filled, whichever comes first.

DOS said it will make available a maximum of 20,000 application slots during this pilot program. Approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by U.S. Mission Canada with an issuance date of January 1, 2020, through April 1, 2023, and approximately 2,000 per week will be for applicants whose most recent H-1B visa was issued by U.S. Mission India with an issuance date of February 1, 2021, through September 30, 2021.

Participation in the pilot program is voluntary. DOS said that individuals who do not meet the requirements for participation in the pilot program, or those who choose not to participate in the pilot program, may continue to apply for visa renewal at a U.S. embassy or consulate overseas.

There are several steps to apply for this pilot program:

1. Select the country where your most recent H-1B visa was issued (Note: this initial pilot is limited to renewal of visas issued in India and Canada).  Then follow the online navigator tool to assess your qualifications for participation in the pilot.
2. If you meet the requirements for participation, follow the instructions in the portal to complete and submit an Online Non-immigrant Visa Application (form DS-160).
3. Use the online portal to pay the required, non-refundable, non-transferable Machine-Readable Visa (MRV) application processing fee of $205.00.
4. Follow the instructions on the portal to mail your passport and other required documents for processing.

Are you eligible for domestic renewal? What documents should you include? For more details on processing, FAQs and other related information refer here

As sweeping immigration reform is highly unlikely, there are certain targeted reforms that are both urgently needed and potentially achievable; such as:

== To protect DREAMers, we propose a new, indefinite “conditional residence status” to DREAMers with protection from deportation, work authorization, and the right to travel abroad

== State-based Immigration Programs: This proposal would authorize state governors to ask DOL and/or DHS to approve additional worker petitions to authorize the hiring of immigrants by employers in their respective states

== Border Management and Asylum Reform

== Improve access to refugee resettlement to the United States and other countries in the Western Hemisphere for those who qualify

== Expand other avenues to legal migration

== Reform asylum for border arrivals

== Explore demands for both asylum and border reforms that would partially be ameliorated by new immigrant worker programs

== Build on Current Proposals for Essential Workers

== Help the healthcare services industry to recruit foreign national workers from countries in the Western Hemisphere for those who qualify

For more on these proposals see here

On September 13, 2023, Judge Andrew Hanen of the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful and in violation of the Administrative Procedure Act.

This decision aims to terminate the DACA program and will leave thousands of undocumented youth in legal limbo without the ability to apply for work authorization, drivers licenses, and other protections that the DACA program offers.  

The following statement is from Jorge Loweree, managing director of programs at the American Immigration Council: 

“This decision was a major blow to thousands of our friends, neighbors, and colleagues that benefit from DACA’s protections, and the families and communities who rely on them. While the decision won’t have an immediate impact on people who currently rely on the program to live and work in the U.S. without the constant threat of deportation, it will continue to sow fear and distrust across the country. If Congress continues to sit on its hands, waiting to be forced into action, the Republican-led state effort to kill DACA by a thousand cuts will succeed. The time to act is now.”

The American Immigration Council has a range of research and other resources on DACA, including policy experts available to speak on policies designed to protect Dreamers and what is at stake for over 650,000 DACA beneficiaries across the country. The Council also has data on demographic and economic contributions of DACA recipients in each U.S. state and nationwide.  

This will be effective 12/12/2022 and will have a notation on the N-400 Application for Naturalization receipt notice that can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A for form I-9, the Employment Eligibility Verification form, if presented before the expiration of the 24-month extension period provided in the notice.

This is expected to help naturalization applicants who experience longer than usual processing times.

For more on this please refer here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20221209-ExtendingPRC.pdf

One group of customers standing on a red target bullseye, with magnifying glass hovering above it

For Employees: Your employer may inform you that your E-Verify case received a U.S. Department of Homeland Security (DHS) and/or Social Security Administration (SSA) Tentative Nonconfirmation (TNC) case result. A DHS and/or SSA TNC means that the information your employer entered in E-Verify from your Form I-9, Employment Eligibility Verification, did not match records available to DHS and/or SSA. A DHS and/or SSA TNC case result does not necessarily mean that you are not authorized to work in the United States.

The process description here explains the types of TNC’s and guides you through the resolution process.

For Employers: Employers whose employees receive a TNC must provide them with the further Action Notice from E-Verify and discuss it privately with them. Please review here for the steps in the process.