US Customs and Border Protection (CBP) Stopping People on Highways in New England to Check Citizenship
CNN reported on June 24, 2018 that Customs and Border Protection (CBP) agents have been using checkpoints on highways to ask motorists about their place of birth and citizenship status. CBP has stated that the checkpoints were set up as “a means of preventing smuggling organizations from exploiting existing transportation systems to travel to the interior of the United States.” The Supreme Court has affirmed the agency’s ability to question the citizenship of motorists, even without suspicion. CBP has the ability to set up these checkpoints within 100 miles of U.S. land borders and coasts. Checkpoints have been set up near Lincoln, Maine and Woodstock, New Hampshire in the past weeks. The American Civil Liberties Unions of Maine, New Hampshire, and Vermont have filed suit in May against the Department of Homeland Security (DHS), Immigrations and Customs Enforcement (ICE), and CBP seeking to hold federal agents from these departments accountable for their actions in New England. Checkpoints of this sort had not been seen in the past five years.
Rule to End the International Entrepreneur Program Proposed by DHS
DHS has recently proposed a new rule to eliminate the International Entrepreneur Rule (IE Final Rule). The program currently allows foreign entrepreneurs who seek temporary admission to the United States to develop and build start-up businesses to be considered for parole. The DHS rationale for eliminating the rule is that it “represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.” The National Venture Capital Association (NVCA) has criticized DHS for this decision, labeling it a “major mistake for U.S. job creation and innovation,” as global competition for international entrepreneurs has consistently increased, and countries such as Canada, France, Germany, and Singapore have developed “startup visas” allowing them to attract new companies.
Temporary Protective Status for Honduras will Terminate on January 5, 2020
USCIS has announced that Temporary Protective Status (TPS) for the country of Honduras will terminate on January 5, 2020. In order maintain TPS until then, those who have previously been granted TPS Honduras should re-register between June 5, 2018 and August 6, 2018. All applicants must file Form I-821, and can also request an employment authorization document by filing Form I-765. USCIS will issue new EADs with an expiration date of January 5, 2020 to those who timely re-register and apply for EADs. USCIS will automatically extend current EADs for 180 days, through January 1, 2019. If you, or anyone you know, needs assistance with this process, please feel free to contact our office.
Reminder: Major Changes to Accrual of Unlawful Presence Policy
As we noted last month, beginning August 9, 2018, a new policy will beginchanging the way foreign students and exchange visitors accrue unlawful presence, which is how the U.S. defines time an individual spends in the country after his or her period of authorized stay has ended. Previously, accrual of unlawful presence would begin after an immigration judge or officer had found that a status violation occurred, or after the last day of admission when a length of time was specified. Now, the individual will begin accruing unlawful presence the day after an event determined to be a violation of status occurred. Unlawful presence can come with major consequences. If an individual is unlawfully present in the United States for more than 180 days, but less than one year, he or she is barred from re-entering the United States for three years. If an individual is unlawfully present for over one year, he or she is barred for ten years. The new policy will also apply to dependents of F, J, or M visa holders, in that if it is determined the F-1 student has violated status, the F-2 dependent would also be considered unlawfully present for the same duration of time.
Overall, this is a harsh and punitive policy that will have major repercussions on our nonimmigrant population. These determinations are notably harsher for nonimmigrants who have spent time in F, M, or J status. If found to be “unlawfully present,” possible consequences include revocation of status, inability to apply for permanent residence, and being barred from the United States. If you have any questions on whether this new policy will affect you, please do not hesitate to contact our office.
DOS Released July Visa Bulletin
The Visa Bulletin includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The DOS Visa Bulletin for July 2018 is available HERE.
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