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Amy L. Peck Blog Posts

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  • Preparing for ICE Enforcement Actions at “Sensitive Locations”

    ICE and CPB consider hospitals and other healthcare facilities to be sensitive locations where enforcement actions should be avoided without prior approval or unless there are exigent circumstances. Despite that policy, undocumented aliens continue to be arrested at medical facilities where they are receiving treatment or where they have accompanied ailing family members. Since the sensitive...… Continue Reading
    August 30, 2018
  • USCIS Requests for Evidence to Petitioners Before Application Denials to Become Discretionary

    As of September 11, 2018, immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). This is yet another of the new policies in the wake of the Buy American, Hire American Executive Order (BAHA) that are making it harder...… Continue Reading
    July 18, 2018
  • Supreme Court Upholds Travel Ban 3.0

    The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen will continue to be subject to the...… Continue Reading
    June 26, 2018
  • Texas Anzalduas Port of Entry May Test Face Recognition Technology

    Starting in August, the U.S. Customs and Border Protection (CBP) reportedly will begin a pilot program at the Anzalduas port of entry in Texas using face recognition technology to capture facial images of occupants in moving vehicles as they travel to and from Mexico. Facial recognition technology is already being tested at a number of...… Continue Reading
    June 20, 2018
  • Number of Government Enforcement Investigations Doubles

    ICE announced its enforcements investigations in the last seven months have already doubled last year’s total. Since October 2017, ICE’s Homeland Security Investigations (HSI) opened 3,510 worksite investigations, initiated 2,282 I-9 audits, and made 594 criminal and 610 administrative worksite-related arrests. Thomas Homan, Acting Director of ICE, predicted in October 2017 that ICE would quadruple...… Continue Reading
    May 17, 2018
  • USCIS-DOJ Memorandum of Understanding Means Employers Can Expect Enforcement Action Increase

    USCIS and the Department of Justice are teaming up and collaborating to “better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States.” They have entered into a Memorandum of Understanding (MOU) that will increase their ability to share information about cases and training and make referrals. Last...… Continue Reading
    May 15, 2018
  • U.S. Supreme Court: Immigration Act Unconstitutionally Vague on Removal for Aggravated Felony

    The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an aggravated felony as “a crime of violence” is unconstitutionally vague. Sessions v. Dimaya, No. 15–1498 (Apr. 17, 2018). Justice Neil Gorsuch...… Continue Reading
    April 17, 2018
  • USCIS Reaches FY 2019 H-1B Cap in First Week of April

    On April 6, 2018, USCIS announced that it reached the 65,000 H-1B visa cap for FY 2019, including the 20,000 U.S. advanced degree exemption known as the “master’s cap.” Every year since 2014, the cap has been reached during the first week of April. Once again, a lottery will be conducted and cases that are...… Continue Reading
    April 6, 2018
  • When ICE Knocks

    We previously blogged on ICE’s nearly 100 raids of 7-Eleven stores in connection with the announcement of its new enforcement priorities.  Please see our latest publication on what to do in the event of an ICE raid.… Continue Reading
    January 24, 2018
  • Government Not Ending H-1B Extensions, USCIS Says

    Reports about the possible elimination of AC-21 extensions (for H-1B workers awaiting green cards) are now being denied by the government. The USCIS is attempting to quell fears caused by rumors that the Administration would eliminate H extensions beyond the six-year limit for certain individuals unable to file the last step in permanent residency, adjustment...… Continue Reading
    January 10, 2018