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Immigration Update: February 2018

Supreme Court Declines Trump Administration’s DACA Review Request

The Supreme Court will not hear a fast-track review of a California federal district court injunction that temporarily blocks the Trump Administration from terminating the DACA program.  The Administration’s appeal to the Ninth Circuit remains pending.

Meanwhile, the Department of Homeland Security will continue to accept DACA renewal applications in accordance with the district court’s order until further notice.

Supreme Court Rules Immigrants Held in Detection are Not Entitled to Bail Hearings

On Tuesday February 27, SCOTUS handed down a decision that could ensure long-term detention for immigrants.  The court ruled that immigrants held in detention for months and even years are not entitled to bail hearings.  Its decision reversed the 9th Circuit Court of Appeals ruling that under a federal law, people in these circumstances are entitled to a bail hearing every six months in order to persuade a neutral judge that they do not pose a safety or flight risk.

 H-1B: USCIS Toughens Requirements for Third-Party Placement of H-1B Employees

Petitioners planning third-party placements of H-1B employees will be asked to submit contracts, specific itineraries and detailed information from end-clients covering the entire period of employment.  These types of applications will be subject to heightened scrutiny by USCIS adjudicators and USCIS may limit H-1B approval periods to the length of time corroborated by contracts and other end-client documentation.

TPS for Syria Extended

Temporary Protected Status for Syria was extended by 18 months, through September 30, 2019.  Syrian TPS beneficiaries will be required to re-register to extend their benefits.

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