Xenophobia reared its ugly head in the UK and won 51.9% to 48.1%. The UK vote could have implications for the US elections in November, as the arguments that won the day mirror those being made by the Republican candidate.
Immigration Reform is not law yet
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The Supreme Court was unable to reach a decision on the appeal of Judge Andrew S Hanen’s injunction barring the implementation of President Obama’s DAPA and expanded DACA, splitting 4-4.
Because the Supreme Court split 4-4, the decision of the Court of Appeals upholding Judge Hanen’s injunction stands.
The US Department of State has issued the priority dates to be used by itself and USCIS for immigrant visas during the month of July.
In the family based categories, the F2A, F2B, F3 and F4 for Mexico did not move. Also not moving were the F3 for all countries except for the Philippines, and the F4 for China and India. All other categories advanced.
USCIS is proposing to raise its fees. The new fees are subject to a comment and review period, but, will go into effect after the comment period, as they have in the past.
Examples of the proposed increases are listed in the following table.
On Tuesday, April 12th, USCIS announced that it had completed the H-1B lotteries. It further stated that it will begin premium processing of those applications that made it through the lotteries and that requested premium processing no later than May 16th.
USCIS did not announce how many H-1B applications it actually received.
USCIS has announced that both the US advanced degree H-1B cap and the regular H-1B cap have been reached.
USCIS will now finalize the intake of all the petitions received through close of business April 7th, and will then select the applications it will process through a random selection process.
USCIS has published the new OPT STEM extension regulations. Unless the US District Court for the District of Columbia objects, these regulations will continue the OPT STEM extension program.
The new regulations make some changes to the program. These changes include:
“We need comprehensive immigration reform with a path to full and equal citizenship. If Congress won’t act, I’ll defend President Obama’s executive actions—and I’ll go even further to keep families together. I’ll end family detention, close private immigrant detention centers, and help more eligible people become naturalized.”
“I am opposed to new people coming in.”
“We are going to have to send people out.”
“As president, I will fight for comprehensive immigration reform that provides a roadmap to citizenship for the 11 million aspiring Americans lining in this country. But I will not wait for Congress to act. I will take executive action to accomplish what Congress has failed to do and build upon President Obama’s executive orders to unite families.”
“I will … build a wall that works, triple border security…. We need to stop Obama’s amnesty.”
“Yes, we should deport them … federal law requires that anyone living here illegally that’s apprehended should be deported.”
USCIS has published final rules in the Federal Register shortly. These final rules will have the following effects:
USCIS has announced that it may or may not honor the early file dates in the Visa Bulletin.
The Court of Appeals for the Fifth Circuit voted two to one to allow Judge Hanen injunction to stand in the lawsuit that is challenging President Obama’s expansion of Deferred Action for Childhood Arrivals (DACA) and his new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
Republicans in both houses of Congress have filed an amicus brief with the US Court of Appeals for the Fifth Circuit strongly opposing DACA. Among those filing the brief are Senators Ted Cruz and Marco Rubio, both of whom are running for President. It is therefore almost certain that, if elected, they will do away with DACA.
Those signing the brief are:
Judge Andrew S. Hanen, of the Southern District of Texas, has issued a preliminary injunction barring the Department of Homeland Security from proceeding with the Deferred Action provisions of President Obama’s November 20, 2014 announcement. This includes the expansion of the 2012 Deferred Action and the Deferred Action for parents of US citizens.
Republicans sue President Obama to try to stop the Deferred Action plans Obama announced on November 20, 2014.
The Republican lawsuits, including one filed by Sheriff Arpaio, have a very low probability of success on the merits, but could derail Obama’s actions.