Supreme Court Denies Trump Administration Expedited Appeal – Delays DACA Termination

By | CIS, DACA, Executive Order, Immigration, Immigration Reform, SCOTUS, trump | No Comments

Today, the Supreme Court denied the Trump administration’s request for an expedited judicial appeal, in an attempt to bypass the Ninth Circuit Court of Appeals while appealing a lower Federal District Court’s ruling that the Deferred Action for Childhood Arrivals (DACA) program must continue to accept renewal applications during the appeals process. What it means is that the Supreme Court wants DACA to wind its way through the legal process before tackling this issue. We predict that it will take at least 1.5 years to go through. By then, we hope that Congress will get a comprehensive Immigration bill passed. Until such time, the Citizenship and Immigration Service will continue to accept and approve DACA application.

Last September, President Trump originally ordered DACA to end on March 5, 2018, but on January 10, 2018, California Federal District Judge William Alsup temporarily blocked the Trump administration’s efforts to end DACA, and ordered the administration to resume receiving DACA renewal applications.

Now, if President Trump wishes to continue its appeal of Judge Alsup’s ruling, it must first file an appeal with Ninth Circuit Court of Appeals, traditionally a liberal leaning court that is likely to deny Trump’s appeal.  Once that denial is issued, then President Trump may resume its appeal to the Supreme Court.  However, even then, the Supreme Court is under no obligation to  grant certiori, meaning it would agree to hear the Trump administration’s appeal.  All these appeal steps will take time, from a year to a year and a half.

While these sets of appeals are taking place, the lower court ruling by Judge Alsup forcing the Department of Homeland Security to continue to accept DACA renewals still stands.  Thus, DACA recipients (“Dreamers”) can continue to renew their work permits under DACA.  More importantly, it buys time for Congress and the President to hopefully find a resolution to allow the nearly 700.000 Dreamers to permanently remain in the United States.

For more information, contact Banerjee & Associates

Travel Ban-Take 3-The Supreme Court Episode

By | H1-B, Immigration, SCOTUS, Travel, trump, Uncategorized, Visa | No Comments

Suppose you have a petulant child who hates your brother Jim and does not want him to visit your home. You have shut the child down, but the child just whines and screams. You know reasoning does not work. So you just say, OK, Jim cannot come for no reason. But if Jim has a reason, he can come. You are giving your child a lollipop. The child shows off his lollipop. The next time, Jim comes, you tell the child, but Jim wants to visit family. That’s a reason. And he will not come for no reason. I promise. Give the child another lollipop and hope the child forgets about this in 120 days.
That sums up the Supreme Court’s decision to lift the temporary restraining order against Trump’s travel ban. It has no substance, does not really impact anyone, and gives Trump his lollipop.

As I have said in my blog before, there is no justification for the travel ban on 6 countries: Syria, Iran, Yemen, Somalia, Sudan and Libya. Are there terrorist cells in these countries? Yes, of course. But the procedures in place already have the US Consulate performing extreme security checks before an individual is granted visa to enter the US. At one point in time, during the Obama administration, some suspected terrorists entered the US. They were deported and Obama suspended travel for these countries until a more thorough vetting procedure was implemented. But that was done, and no suspected terrorists have entered since. So clearly Trump just want to appease his intolerant base with the travel ban

The Supreme Court removed the temporary restraining order with a lesser temporary restraining order. The people not impacted are:

1. Anyone with a current visa—even a visitor’s visa issued before June 14, 2017
2. Anyone with a work visa-H, J, L, O,P, R I, F
3. Anyone with an immigrant or non Immigrant (K) family based visa
4. Diplomats

The Only group that is NOT covered are foreign tourists who are coming to USA for visiting sites in the United States. But seriously, how many tourists from these 6 countries do we find, just visiting the Grand Canyon or Disney Land? They have enough problems on their hand to think about expensive vacations. And the super-rich, who can afford to, does have either business or family connections.

B visa holders should bring with them documents showing family ties or business ties. Attending a conference, or lecturing is a valid business tie, and “mother in laws” are valid family relation. (Supreme Court said this, not me). Other visa holders should bring their visa related documents just to be sure.

So in effect, it’s a useless ban. It does affect Muslims, because Muslims are a majority in these countries. Trump said he had “clear victory”,  and the ACLU vowed to fight it.
This ban creates fear among many Muslim legal travelers. Attorney’s make money playing into that fear.

Other than that, it’s just sound and fury, signifying nothing

 

For more information call Banerjee & Associates

New National Interest Waiver Test

By | Commentary, Houston Immigration, Immigration, SCOTUS, Uncategorized | No Comments

Immigration law is a field where hardly anything new ever happens. Yet during the last days the Obama Presidency, there was a case that clarified National Interest Waivers (NIWs) Just like bad facts make bad law, good facts make good law. Dr. Dhanasar had 2 Master’s degree and a PhD. He was a Scientist in the field of Rocket Propulsion. Dhanasar replaced the old NYSDOT test.

  1. Under the old NYSDOT test, the research had to have intrinsic merit—-This excluded pure and theoretical sciences. In many cases of pure Math, there are no direct impact. For instance, Einstein’s theory of relativity in itself is just purely a theory, and does not have any immediate consequences. Yet, there are so many uses which is based off of this theory. We could not file NIW under NYSDOT, but can do so under Dhanasar
  2. Local in scope. The other weird thing about NYSDOT was that the impact had to be national and not local. This presented a huge problem for those of us who worked with oil industry geologists. They did research on say, North Texas oil basin. That would lead to discovery of oil in Texas. But although the research did not have direct national consequences, discovery of significant oil reserves would reduce the US dependency of foreign oil, and lead to national economic benefit
    Maybe if Mr. Trump restricts Immigration, the courts will step up and make things easier.

For more information visit Banerjee & Associates

DAPA/EXTENDED DACA DEAD

By | Commentary, DAPA, Immigration Policy, SCOTUS, Uncategorized, Visa | No Comments

Since Comprehensive Immigration Reform was not likely to pass, President Obama passed a series of Executive Actions to remedy some of the harm caused by immigration inaction. Originally DACA (Deferred Action for Childhood Arrivals) was published in 2010, which basically said that Kids brought over into United States before their 16th Birthday and before 2007, and graduated from High School or are in school, would not be deported. They would also receive work permits which would enable them to work, get Driver’s Licenses, etc.

In November of 2014, President issued another Executive order granting the same benefit to DAPA (Deferred Action for Parents of Americans). He also extended the DACA to include individuals who came before 2010, and under the age of 31. However that executive action also had other provisions, which both Democrats and Republicans relating to Business Immigration. Most notably H-4 spouses of H-1B holders who has an approved I-140 can apply for work permit. Other Business Immigration visas adjudications would standardize adjudication by Citizenship and Immigration Service memorandum. Please note that these Business Immigration provisions are in place and both Democrats and Republicans agree on these provisions.
State of Texas sued on grounds that DAPA and DACA exceeded the President’s authority. The Supreme was deadlocked 4/4 on the case in June of 2016. The Obama administration filed for another certiorari, but SCOTUS has refused to hear it this coming year when the new Justice is presumably appointed.
The SCOTUS did not give any reason for this refusal. Maybe the SCOTUS thinks that President Obama will not be in office, any Executive Actions he could have taken would be moot. Maybe the Court wants Congress to tackle Comprehensive Immigration Reform. Whatever the case might be, we will be left with people driving without a license or insurance, people falling sick with no health insurance, and people earning without paying taxes. Yes, it makes no sense. This is not a Green Card (Permanent Resident Card), it’s just a work permit so that undocumented aliens can pay their fair share for living in our midst.
For more information contact Banerjee and Associates