President Trump today signed an executive order meant to protect American workers and prevent US federal agencies from outsourcing jobs to foreign workers. The executive order directs federal agencies to conduct an internal audit to review contracts and hiring practices to assess any negative impact and effect of contractors’ use of temporary foreign labor or offshore work on US workers and to take corrective action as necessary. The executive order additionally directs the Secretaries of Labor and Homeland Security to take action, within forty-five days, to “protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)).” The executive action was reportedly prompted by the announcement from the federally-owned Tennessee Valley Authority that it will lay off sixty-two information technology workers and outsource data and programming work. We will continue to provide updates and developments regarding this executive order as appropriate especially as it relates to the H-1B visa program.
CNN: “Judge blocks administration from implementing 'public charge' rule for immigrants during pandemic”
Last week, on July 29, 2020, Judge George Daniels of the US District Court for the Southern District of New York blocked the government from “enforcing, applying, implementing, or treating as effective,” the “public charge” rule during the COVID-19 pandemic. Separately, the court also blocked the government from implementing or taking any actions to enforce or apply the 2018 FAM Revisions, the DOS Interim Final Rule on Visa Ineligibility on Public Charge Grounds (84 FR 54996, 10/11/19), or the President’s October 4, 2019 Proclamation, “Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System in Order to Protect the Availability of Healthcare Benefits for Americans,” during the COVID-19 pandemic. These injunctions apply nationwide.
Read moreThe Immigrants
The Immigrants, a sculpture by artist Luis Sanguino, celebrates the “diversity of New York City and the immigrant experience.” Located downtown in Battery Park next to Castle Clinton, which served as a depot to welcome the growing number of immigrants to the US before processing was transferred to Ellis Island, the sculpture depicts an Eastern European Jew, a freed formerly enslaved African man, a priest, and a worker. Sanguino’s sculpture depicts the struggles that various peoples have faced as they came to America either through voluntary or forced migration.
Can I Travel to the US? COVID-19-Related Travel Restrictions and Issues
What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.
Read moreCondé Nast Traveler: "New Yorkers Can Enroll in Global Entry Again"
Officials at the Department of Homeland Security (DHS) lifted the ban on New York state residents applying for membership in trusted traveler programs including Global Entry after barring applications from state residents for nearly six months. DHS lifted the ban after stating in a federal court filing that its reasoning for the policy was based on false statements. In February, DHS had suspended New Yorkers from the trusted traveler programs after the New York State “Green Light” law was passed that allowed undocumented immigrants the ability to obtain driver’s licenses. DHS officials claimed after the law was passed that if they could not freely access the state’s DMV database, they would not be able to verify an individual’s eligibility for Global Entry, but other states with similar policies were not excluded. Officials also amended the “Green Light” law to allow federal agencies access to the DMV records for applicants to the trusted traveler programs.
New Yorkers’ applications for Global Entry and other trusted traveler memberships including NEXUS, SENTRI, and FAST will now be processed. When the ban was enacted, approximately 175,000 New Yorkers were reportedly removed from the programs and approximately 80,000 conditionally approved or pending applications were rejected. Although New York State residents can now submit applications and renewals to Global Entry, Customs and Border Protection (CBP), which runs the trusted traveler programs, has shut down all enrollment centers until at least August 10. “The Trump Administration backing down and restoring Global Entry and other Trusted Traveler Programs to New Yorkers is a victory for travelers, workers, commerce, and our state’s economy,” Letitia James, NYS Attorney General, who sued the Trump administration over the ban, said in a statement. “We will continue to defend New York’s right to pass its own laws and will fight to protect our state’s residents anytime they are bullied by the president because safety and fairness are not mutually exclusive under the law.”
After Migration: Calabria
“After Migration: Calabria” documents the experiences of a young man who left his home in The Gambia at the age of fifteen as well as a Nigerian single-mother who gave birth to her child in a refugee camp as they integrate into Calabria in southern Italy. “Too often, stories about irregular migration are centered on trauma, and depict seekers of asylum as hapless victims in need of rescuing,” the film’s description states. “This film subverts this commonly accepted narrative by illuminating the regality of those whom we commonly disregard as outsiders.” Directed by Walé Oyéjidé and Jake Saner, the film celebrates “the lives of refugees in ways that dispel tropes” and show them as “nuanced contributors to their new societies, while journeying in search of safe places to call home.”
AILA: Extensive Delays for Printing of EAD Cards and Green Cards
The American Immigration Lawyers Association (AILA) states that in recent weeks they have received reports from members of delays in the issuance of Employment Authorization Documents (EAD) and Lawful Permanent Resident Cards (i.e., Green Cards) for some employment-based, family-based, and asylum-based immigration applications. Columnist Catherine Rampell in The Washington Post also confirmed the delays noting that US Citizenship & Immigration Services (USCIS) has shut down printing EADs and Green Cards at one facility in Corbin, Kentucky, weeks ago, as well as scaled back printing at a second facility in Lee's Summit, Missouri, all of which have led to these massive delays.
Read moreChalk That Talk
Amid the continuing protests against police brutality and systemic racism, the Fashion Institute of Technology (FIT) presents a mural series titled “Chalk That Talk” that is an “artistic response to the injustices our community has faced through history.” Their statement: “We are students and creatives alike that are unwilling to abide by a $ystem that was designed to work again$t us.”
US Embassies/Consulates To Begin Phased Resumption of Routine Visa Services
After suspending routine visa services at US Embassies/Consulates worldwide in March due to the coronavirus (COVID-19) pandemic, the US Department of State (DOS) announced this week that US Embassies and Consulates abroad will begin the phased resumption of routine visa services with some posts reopening for limited routine visa services as of July 15, 2020. The resumption of routine visa services will occur on a post-by-post basis, the DOS said, and each post will coordinate with the “Department’s Diplomacy Strong framework for safely returning our workforce to Department facilities.”
Read moreTrump Administration Allows International Students to Attend Online Only Programs in Fall 2020
The Trump administration is now allowing international students to enter the US to attend colleges and universities even if all their courses for the fall 2020 semester are online. The administration rescinded a temporary rule that would have required international students to transfer or leave the country if their college or university held classes entirely online because of the coronavirus (COVID-19) pandemic. The rescission of the temporary rule comes after Harvard, MIT, and other colleges and universities filed suit, and university leaders, students, and educational advocates criticized the temporary rule noting that it would have jeopardized the health of students, teachers, and university staff and led to a potential dramatic loss of revenue for many educational institutions and the towns where they are located.
Read more