Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
All prior enforcement memos are rescinded except those dealing with issues when children were brought to the U.s. No longer are certain foreign nationals exempted from enforcement. The memo seems to now prioritize removability actions against those persons with crimes and fraud The new priorities (which may be able to be fought in Court) are …
The Department of Justice indicated in a February 16, 2017 court filing that President Trump intends to rescind the January 27, 2017 Executive Order and issue a new order in its place. DOJ urged the court to “hold its consideration of the case until the President issues the new Order,” and the Ninth Circuit subsequently …
In response to Trump’s January 27, 2017, Executive Order (EO), attorneys and advocacy groups across the country filed lawsuits in federal court this weekend on behalf of petitioners who were denied entry to the United States pursuant to the EO. First, a court in New York issued a nationwide, emergency stay of removal preventing deportation for individuals with …
A broad range of voices, including government officials, academic institutions, faith leaders, and civil rights groups, have expressed their opposition to President Trump’s January 27, 2017, Executive Order targeting Muslims and refugees. Notably, consular officials, Foreign Service Officers, and members of the Civil Service released a dissent memo. In addition, former cabinet secretaries, senior government officials, diplomats, military service members, …
Yesterday, the American Immigration Council, along with Northwest Immigrant Rights Project and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit in the U.S. District Court for the Western District of Washington, arguing that Section 3 of the EO violates the Constitution’s guarantee of equal protection under the law and INA §202(a)(1), …
As reported in today’s Immigration Politics Ticker, last night President Trump fired acting Attorney General Sally Yates, after she ordered DOJ not to defend Trump’s Executive Order (EO) barring foreign nationals from seven predominantly Muslim countries and refugees against legal challenges. Trump replaced Yates with Dana Boente, the U.S. attorney for the Eastern District of Virginia, who will serve as acting …
Trump issued another Executive Order to build a Wall on the Mexican Border. His ‘promise’ to make Mexico pay for the Wall fell through. He then threatened to issue an import tariff against Mexico in the amount of 20%. Both Democrats and Republicans informed Trump how bad of an idea this would be. After, Trump …
Trump has issued another executive order basically barring people from several Muslim countries from entering the U.S. It is unheard of and many lawsuits have already been filed and injunctions already issued. Meetings scheduled today with Trump cancelled due to anticipated protests. Protests occurring all over the U.S. and the World against this ‘Muslim Ban’. …
This particular order meant to supposedly increase ‘internal security’ is full of vague, ambiguous and unconstitutional elements. It states that even people who have only been ‘charged’, but not ‘convicted’ should be removed. It goes EVEN FURTHER and states that people who have supposedly done the elements of a crime, but have NOT been charged …
USCIS posted a notice that the Office of Management and Budget has approved Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). The supplement is now posted to the USCIS website. On November 18, 2016, DHS published a final rule intended to improve several aspects of certain employment-based …
USCIS issued a final rule which adds new regulatory provisions guiding the use of parole on a case-by-case basis for entrepreneurs of start-up entities who can demonstrate that they would provide a significant public benefit to the United States. The rule is effective July 17, 2017. USCIS noted that DHS estimates that 2,940 entrepreneurs will be eligible under this …
President Trump signed three presidential directives today, one of which places a hiring freeze on non-military federal workers. At this time, it is unclear how the announced hiring freeze will affect the hiring of immigration judges. Trump did not take any action today regarding NAFTA or the Deferred Action for Childhood Arrivals (DACA) program
The Seventh Circuit concluded that substantial evidence did not support a finding that the petitioner deliberately fabricated material elements of his asylum application, because the IJ “seemed to base his frivolousness finding on a lack of credible evidence rather than any evidence that [the petitioner] had made deliberate falsehoods.”
President Donald Trump signed a total of five orders today pertaining to environmental issues. The orders addressed advancing the Keystone XL and Dakota Access Pipelines, as well as actions to expedite environmental reviews for high priority projects.
President Trump is expected to sign an Executive Order, Protecting the Nation from Terrorist Attacks by Foreign Nationals, that would suspend the issuance of visas and other immigration benefits to nationals of “countries of particular concern,” stop refugee admissions for 120 days, add requirements for screenings and procedures for all immigration benefits, halt Syrian refugee processing …