Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
In December, a federal judge ruled that ICE violated the Freedom of Information Act (FOIA) when it denied immigration lawyers access to their client’s files. ICE’s reasoning was that the clients in ICE custody were “fugitives,” but that is not one of the stated exceptions under FOIA. ICE used this justification for denying FOIA requests at least …
There has been a recent increase in Brazilians seeking asylum at the U.S.-Mexico border. In response to this increase, the Trump administration has been weighing whether to send Brazilian asylum seekers to Mexico under the Remain in Mexico program. The government is also considering whether to send the asylum seekers to another country like Honduras, with whom …
The U.S. is preparing to impose restrictions that will make it more difficult for pregnant women to travel to the U.S. on tourist visas. Though consular officers cannot ask whether a woman is or plans to become pregnant, applicants will be denied if consular officers determine they are traveling to the U.S. primarily to give birth. The …
USCIS announced on January 22 that Iranian nationals are no longer eligible for E-1 and E-2 trade and investor visas. This is because the Trump administration terminated the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran in 2018. Current Iranian holders of these visas may stay until their visas expire, but may not extend …
DOS published a final rule in the Federal Register amending the B visa regulations to establish that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa. The rule is effective today, January 24, …
On December 6, a Saudi Arabian citizen killed 3 people and injured 8 in a shooting at the Naval Air Station in Pensacola, Florida. Ahmed Mohammed al-Shamrani was in the U.S. on an A-2 visa for military training. 3 Republican senators sent a letter to DHS asking for details on the vetting process for al-Shamrani, including specific …
After the drone strike on Iranian General Qasem Soleimani, U.S. border officers at the U.S.-Canadian border were told to stop Iranian travelers for questioning, according to an unnamed officer. Dozens of Americans of Iranian descent were stopped at the port of entry, and some were held for hours and questioned. CBP has so far denied that there …
U.S. District Judge Dana M. Sabraw found that the government may not conduct class members’ non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. The judge’s order applies to all asylum seekers in California who have hired lawyers and are subject to the Migrant Protection Protocols …
On Tuesday, the House Judiciary Committee announced that it is launching an investigation into the Migrant Protection Protocols, or “Remain in Mexico” policy. Several committee members have asserted that the protocols are illegal and open asylum seekers up to “murder, sexual violence, and kidnapping” in Mexico.
Unlike other immigration courts, the makeshift courts in Texas were closed to the public, including human rights observers and attorneys not representing a client. Recently, the U.S. government agreed to open up the courts. However, attorneys and advocates are saying that not all proceedings have actually been made public. They complained that the Trump administration …
In September 2019, President Trump issued an executive order requiring consent from states in order to continue refugee resettlement in those locations after June 2020. Under the order, local governments are able to deny consent to refugees as well. With the deadline for consent approaching, a court out of New York issued a preliminary injunction …
On January 9, USCIS announced that its electronic H-1B registration system has been implemented and will be used for fiscal year 2021 H-1B petitions. USCIS will open registration from March 1 through March 20, 2020. Online registration requires a $10 fee and is not a full application. Registrations will be randomly chosen no later than …
USCIS published the list of countries whose nationals are eligible for the H-2A and H-2B visa programs, which allow foreign workers to fill temporary agricultural and nonagricultural jobs. The list of countries is unchanged from the 2019 eligibility list.
Thousands of Liberians came to the U.S. in the 1990’s under temporary protections, and were a part of the Deferred Enforced Departure (DED) program starting in 2007. DED does not allow a path to citizenship, and expired in March 2019 without being renewed. The administration gave a one-year reprieve, meaning that thousands of Liberians would …
CNN reports that over the past year, nearly double the number of immigration judges left their positions in comparison with fiscal years 2018 and 2017. While the reasons for individual judges moving on from their posts vary, interviews with judges who left in recent months reveal a common theme of frustration over a mounting number of policy …