On January 20, 2021, President Biden issued a Presidential Memorandum entitled, “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)” (“The Memo”). The Memo directs the Secretary of Homeland Security, in consultation with the Attorney General, to “take all actions he deems appropriate consistent with applicable law, to preserve and fortify DACA.” There are no […]
Update on Asylum Litigation
On July 16, 2019, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) published a joint rule in the Federal Register attempting to limit access to asylum for individuals who traveled through a third country on their way to the United States.
Limited Preliminary Injunction of the DHS Public Charge Rule
On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions issued against DHS’s Public Charge Rule. In its order, the panel majority vacated a nationwide injunction issued by the Eastern District of Washington. Consequently, it remains unclear whether the Eastern District of Washington will need to revisit its order to address the scope of relief.
K1 Fiance Visas Illegally Stalled
The U.S. District Court for the District of Columbia in Milligan, et al. v. Pompeo, et al., 11/19/20, held that the US Department of State for consular affairs acted unlawfully in suspending processing of K-1 visas in the 31 countries. The President issued a series of Proclamations during 2020 relating to COVID-19 concerns.
DACA Reinstated
On July 28, 2020, Defendant Chad F. Wolf issued a memorandum that effectively suspended DACA. However, such an attempt by the Trump Administration to severely limit or terminate DACA failed again.
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