Category Archive

DACA is Back, Again Federal Judge Rules New Policy Limiting DACA Is Invalid Because ‘Acting Secretary’ Wolf Was Appointed Unlawfully On November 14, 2020, a federal judge ruled that a new policy limiting Deferred Action for Childhood Arrivals (DACA) applications and renewals is invalid because Chad Wolf was not legally serving as Acting Secretary of Homeland Security when he signed …

Litigation Works! One thing that our clients have learned over the time of the Trump administration is that Litigation Works! Here at Kuck Baxter, we have been litigating in federal court against every administration since George H.W. Bush, to fight for saving and expanding the rights of our clients to due process, justice, fairness, and even forcing the various administrations …

There has been, as always, a drumbeat of news on Immigration over the last two weeks. Perhaps the biggest surprise was Friday’s arrival of new H-1B “selections” for this year’s H-1B cap Lottery, which, apparently, ended up up not reaching the cap. USCIS has been exceptionally silent in telling the public how many “new” selectees were notified, or if yet …

GAO Says Appointments of Wolf and Cuccinelli to Acting DHS Leadership Roles Were Invalid The U.S. Government Accountability Office (GAO) released a decision concluding that after Department of Homeland Security (DHS) Secretary Kirstjen Nielsen resigned in April 2019, the official who assumed the title of Acting Secretary, Kevin McAleenan, had not been designated in the order of succession to serve …

DHS to Raise Fees Significantly for Many Immigration Benefits The Department of Homeland Security (DHS) announced a final rule, to be published on August 3, 2020, and take effect 60 days later, that will increase significantly many immigration and naturalization fees charged by U.S. Citizenship and Immigration Services (USCIS), and reduce some others. It also removes certain fee exemptions; changes …

Well, that did not take long. Just as quickly as the Trump administration issued a new “policy” essentially barring all foreign students from being in the United States, the Trump administration caved in front of a federal court judge and withdrew the policy announcement. So, the memos of March 2020 remain in affect, allowing students to temporary attend online classes …

Today, 149 Diversity Lottery selectees from 14 countries, some of whom actually have immigrant visa stamps, have been interviewed prior to be issued visa stamps, or who were waiting for their final interviews sued President Trump, Secretary Pompeo and the Department of State in  Federal Court in Washington, D.C. seeking immediate relief from the Presidential Proclamation of June 22, 2020.  …

USCIS Furlough Plans for August 3 Continue to Move Forward U.S. Citizenship and Immigration Services (USCIS) is expected to furlough more than two-thirds of its employees beginning August 3, 2020, for at least a month and up to three months or more, if Congress does not pass sufficient emergency funding. The furlough of approximately 13,400 USCIS employees is likely to …

Trump Amends Proclamation to Suspend Entry of Nonimmigrant Workers, With Exceptions; USCIS Issues Statement On June 29, 2020, President Trump issued an amendment to his Presidential Proclamation issued June 22, 2020. The initial Proclamation restricted foreign workers who did not hold a valid U.S. visa stamp in their passports but appeared to exempt individuals who held any type of valid …