Refugees in Texas

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Refugees Arrive in Texas

Syrian refugees arrived in Texas last night, after the state relented on its legal right to prevent refugee resettlement in the state.

The plight of the Syrian refugees has caused many Western countries to think about their refugee resettlement programs. Countries have argued internally about how many refugees they should accept. Refugees have bounced around the European Union, undergoing the long vetting process before they can be accepted. The United States has had similar discussions, arguing how many Syrian refugees to accept and even whether we should accept any.

Texas filed a lawsuit last week against the federal government and the International Rescue Committee. The governor wants to block the resettlement of a Syrian refugee family in its state. Thirty-one governors have voiced their opposition to Syrian refugees settling in their states. Texas is the first state to take legal action in manifesting its opposition. The federal government has emphasized that governors lack the authority to decide whether or not refugees can settle in their states. Immigration is in the purview of the federal government. The lawsuit contends through the Refugee Act of 1980 and security concerns that the federal government and IRC need to consult with the states. For its part, the IRC has stated it has worked with Texas for 40 years to ensure the smooth resettlement of refugees into the state.

The lawsuit remains pending. On December 4, the state withdrew its request for an order immediately preventing the refugees from entering the state.

Changes to the Visa Waiver Program

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Visa Waiver Program Changes

The Visa Waiver Program allows for nationals of approved countries to travel to the United States with less hassle than acquiring a visa. It exempts approved travelers from having to undergo the consular process to enter the United States, so instead of having to apply and interview a B-2 visitor visa, a foreign national of an approved country can undergo Electronic System for Travel Authorization (a DHS counterterrorism screening measure) and travel to the United States on the Visa Waiver program. Instead of 6 months like a B visa, it provides for a maximum of 3 months for the visit. The countries that are approved from the Visa Waiver Program are those with low incidences of fraud in US immigration.

Changes are set to take place with the Visa Waiver program because of fears that the program will be abused. 20 million visitors to the United States use this program annually. The White House has been working with the Department of Homeland Security to enhance security measures. Essential to these new enhancements is an investigation into countries prospective travelers have been to, such as countries designated as terrorist safe havens. The language is more general at this time, but it seems that countries will be incentivized or penalized, based on their cooperation. There is also a push for preclearance in 7 countries partaking in the Visa Waiver Program.

The House of Representatives is currently pushing for even more strict reforms on the program.

Employment Based Immigration News – Visa Bulletin and EB-5 Pilot Program

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December Visa Bulletin and EB-5 Pilot Program

 

EB-5 pilot programThe December Visa Bulletin was released earlier this week, using the same filing and action date system that the Department of State introduced with the October Bulletin. Like the November Bulletin and the revised October Bulletin, the December Bulletin was disappointing for many hopeful immigrant visa applicants. Many categories remained stagnant. One beacon of hope was the EB-2 category for India. The action date moved from August 2006 to June 2007. The EB-3 categories still lag far behind and there was no movement in the filing dates for any Employment Based category.

Another concern in Employment-Based immigration is the expiration of the EB-5 pilot program. The pilot program concerns the regional centers, where investors can make more passive investments and not be actively involved in the running of the invested business. The pooling of resources among a group of investors is another attractive feature and this program has been utilized to construct shopping malls, residential complexes, and even turnpike expansion. The program has been championed by US mayors as stimulating investment without taxing. However, the pilot program is set to expire on December 11. The program has existed for 20 years in short incremental cycles of renewal. A bill was proposed earlier this year to make the program permanent in contemplation of the September 30 deadline. Instead of voting on that bill, Congress decided to extend the program to December 11, continuing its temporary nature.

New DACA and DAPA Denied at Fifth Circuit

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Fifth Circuit Denies New DACA and DAPA

United States Court of Appeals for the Federal CircuitThe US Court of Appeals for the Fifth Circuit denied an appeal of a preliminary injunction of President Obama’s executive actions for expanding Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans (new DACA and DAPA) on November 9. A federal judge in Texas struck down the executive actions in February of this year and the Department of Justice has been litigating against states opposed to the implementation of the executive action programs. The decision was divided, but it means that the executive action programs remain unusable. The Obama Administration is expected to seek an immediate review of the decision by the US Supreme Court.

On November 20, 2014, President Obama delivered a speech and unveiled a series of executive actions to improve the immigration system. New DACA and DAPA received most of the attention because of the effects it was scheduled to have on millions of people living in the United States without status. The programs are not immigration status. Rather, they were supposed to provide temporary protection to accepted applicants and work authorization. It was supposed to benefit individuals without a criminal record and not priorities for removal. The programs were nixed by a federal judge before implementation and the millions counting on the viability of the programs have to continue to wait. The executive actions were a response to Congressional inaction over years in implementing legislative immigration reform.

December 2015 Visa Bulletin

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DOS Releases December 2015 Visa Bulletin

The Department of State published the December 2015 Visa Bulletin yesterday. The filing dates have been a recent addition, implemented for a more efficient visa process. However, there was no movement on the filing dates. The filing action dates remained similar for the most part. The glaring exception is that the Employment Based 2 category for India jumped ahead 10 months. The Visa Bulletin is the monthly update on immigrant visa availability and has taken on even more importance in the past six weeks since the rescission of the October Visa Bulletin.