News Roundup for Week of September 30th

Read our weekly roundup to learn about the latest news in immigration and business this week.

1. Judge blocks Trump Administration’s detention rule

A U.S. judge blocked the Trump Administration from moving forward with a rule allowing for the indefinite detention of minors who cross the U.S. border.

The new rule was proposed in August 2019 and would have replaced the longstanding Flores Agreement that requires minors to be released as soon as possible from custody.

Learn more about the Flores Agreement and the judge’s ruling at Reuters, PBS, The New York Times, NBC News, and Law360.

2. Trump Administration moves to expand DNA testing on immigrants

This week, Department of Homeland Security (DHS) officials confirmed that the Trump Administration is moving to expand the collection and testing of DNA from immigrants in custody.

According to the officials, DHS plans to issue a new rule granting immigration officials and officers the right to collect DNA. They also confirmed DHS plans to share the DNA with the FBI so the samples can be placed in CODIS, a nationwide database of DNA samples used to identify criminal suspects.

If and when the proposed rule is issued by DHS, it will mostly likely receive several legal challenges.

Learn more about this story at The New York Times, Law360, The Hill, and The Verge.

3. Senators propose new EB-5 Program legislation

Senators Chuck Grassley and Patrick Leahy announced new legislation to extend and overhaul the EB-5 Immigrant Investor Program.

According to a 1-page summary, the EB-5 Reform and Integrity Act seeks to address recent concerns related to the Program “by providing vital and important integrity and national security reforms to the program.”

In July 2019, U.S. Citizenship and Immigration Services (USCIS) announced a new rule that would bring significant changes to the EB-5 Program, including raising the minimum investment amounts. The EB-5 Reform and Integrity Act would expand upon those changes.

Read the press release announcing the new bill (here and here), the 1-page summary, and the official bill text.

4. H-2A visa certifications to be delivered electronically

USCIS announced the implementation of its new Foreign Labor Application Gateway (FLAG) system.

According to the announcement, “Starting Oct. 1, employers who file an H-2A application for a temporary labor certification in FLAG will only receive the certification electronically.”

Further, the announcement states that “if your application for a temporary labor certification was processed in FLAG, you must include a printed copy of the electronic one-page final determination of your H-2A temporary labor certification approval when you submit your Form I-129, Petition for a Nonimmigrant Worker to USCIS.”

Read the full announcement on the USCIS website.

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Disclaimer: Nothing in relation to the enclosed information should be construed and or considered as legal advice for any individual, entity, case, or situation. The following information is prepared for advertisement use only. The information is intended ONLY to be general and should not be relied upon for any specific situation. For legal advice on your specific situation, we encourage you to consult an attorney experienced in the area of Immigration Law.