Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Justice Department is ending the use of case quotas,For immigration judges that became a point of contention during the Trump administration for undercutting judges’ authority and discretion.
Guidelines for ICE and CBP Enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance and is effective immediately. ICE and CBP are both components of the …
Intercept is reporting on the results of an internal review of a recent suicide that took place in ICE detention. An internal ICE review has revealed systemic failures following the tragic suicide of an immigrant in custody. Investigators found evidence of falsified medical records and observation logs, suggesting staff bypassed mandatory welfare checks. The report also highlighted …
Immigrant Detainees, the Associated Press reports that a federal jury has determined that the GEO Group, must pay minimum wage rather than $1 a day to prisoner who perform tasks like cooking and cleaning at its for profit custody center in Washington state. The judge, who rejected several attempts by GEO to dismiss the lawsuits, consolidated …
EOIR announced the appointment of 24 new immigration judges. This includes four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge.They will join the newest BIA member, Appellate Immigration Judge Andrea Saenz. The qualifications for a career as an immigration judge include a law degree, active membership in the …
The Hill reports that the Biden administration is weighing the possibility of paying migrant families separated at the border under the Trump administration roughly $450,000 per person. DOJ, DHS, and HHS are all considering settlements in lawsuits filed on behalf of those families, which could result in payments of nearly $1 million a family. Paying Migrant Families …
DHS Memo on Termination of MPP. It has announced effective immediately, after finding that are far outweighed by the costs of continuing the program. DHS will comply with Texas v. Biden, but termination of MPP will be implemented as soon as practicable after the injunction is vacated. DHS Memo on Termination of MPP — what it …
Presidential Determination on Refugee Admissions. President Biden issued a determination on October 8, setting the refugee admissions ceiling for FY2022 at 125,000. For FY2022, the refugee ceiling was 125,000 and actual admissions totaled 25,465. For FY2023, the refugee ceiling is again 125,000. The Bureau of Population, Refugees, and Migration (PRM) of the Department of State coordinates and manages …
USCIS updated its guidance on the Haitian Family Reunification Parole (HFRP) program at the end of September 2021, noting that it will continue the program after DHS reversed its 2019 announcement that it would terminate the program. Participation in the program is currently by invitation only. It provides a lawful, safe, and orderly pathway for certain …
Question: I have been able to get a work visa for some time because the H-1B’s have been expired for a long time. When will they permit filing again? Will their be Congress Immigration to allow for more H-1B’s? Answer: The doors opened again on April 1, 2006. You should file right away and you …
DHS Secretary Napolitano announced August 27, 2009, New directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry. The new directives address the circumstances under which CBP and ICE can conduct border searches of electronic media. CBP and ICE directives and Privacy Impact Assessment included. The …
What is PERM? Question: I am planning on filing a Labor Certification and have heard about a PERM program. Can you shed some light on what this is? Answer: Actually, the PERM program is going to be a much faster route for the Labor Certification. However, it is not yet here but there has been …
EOIR Cancels Five Policy Memos, Policy Memo (PM) 21-09 setting policy and procedures for asylum, withholding, and CAT protection; PM 20-04 on the implementation of asylum cooperative agreements; PM 19-12 on guidelines for adjudicating asylum and protection claims; PM 19-02 on guidelines regarding new regulations governing asylum and protection claims; and PM 19-03 on guidelines regarding the presidential proclamation addressing mass migration through the …
EOIR will resume non-detained individual and master calendar hearings in limited numbers at certain courts on July 6, 2021. Those who don’t receive a notice of reset hearing by June 22 should expect scheduled hearings to proceed in these courts. The option to file by email at these courts will end on September 4, 2021. In a separate …
The American Immigration Lawyers Association (AILA), via its Board of Governors, has taken decisive legal action, filing a federal court complaint to block a proposed or recently enacted change to the H-1B cap lottery selection process. The core of the legal challenge centers on preventing the implementation of a rule that shifts the selection mechanism …