Immigration Update: June 2017
June 30, 2017Parts of the Travel Ban Takes Effect June 29
On June 26, the Supreme Court released a decision to uphold certain sections of the Trump Administration’s travel ban. Effective Thursday June 29 at 8:00 p.m. ET those sections will go into effect.
Who Is Effected?
Foreign nationals from Libya, Syria, Iran, Somalia, Yemen and Sudan, who do not have a “credible claim of bona fide relationship” with an entity (educational institution or place of employment) or person living in the U.S. will not be allowed to secure a new visa for travel to the U.S. Individuals must prove they have a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling or fiance in the U.S. to qualify. Various news sources have cited unpublished State Department criteria indicating that other extended family members may not be considered.
Who Is Not Effected?
US Citizens, Lawful Permanent Residents, those who have already been granted a visa, any applicant for a visa who was in the U.S. as of June 26, anyone already granted asylum, anyone granted refugee status who was already admitted to the U.S. and foreign nationals who have close family, educational or business ties to the U.S. will not be subject to the ban.
Moreover, the Department of Homeland Security (DHS) and the U.S. Department of State will have discretion to issue a visa to anyone who is otherwise subject to the ban if the individual can demonstrate that denial of entry would cause extreme hardship, their entry is in the national interest or they pose no national security threat.
The ban will remain in effect for 90 days for nationals of the six restricted countries and for 120 days for refugees.
DACA Remains in Effect
DHS confirmed this month that the Deferred Action for Childhood Arrivals (DACA) program will remain in effect for now, however, the Trust Administration has made clear that the program’s future is still yet to be decided. DACA allows certain individuals who arrived in the U.S. as children and who meet certain guidelines to request deferred action and employment authorization for a two-year period, subject to renewal. DACA recipients can also obtain permission to return to the U.S. after travel abroad for emergency travel, participation in study abroad programs and in other limited circumstances.
An expanded deferred action program for parents of U.S. citizens and U.S. Lawful Permanent Residents, announced by the Obama Administration, was formally rescinded.
Secretary of Labor Announces Increased Civil and Criminal Immigration Enforcement
Secretary of Labor Alexander Acosta announced that his agency will aggressively enforce Department of Labor rules to combat fraud and abuse in employment-based nonimmigrant visas programs. Enforcement initiatives include increased audits and investigations of employers, updates to the labor condition application (LCA) and additional requirements for businesses employing foreign nationals.