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Immigration Law Update: Trump Violates Supreme Court Order by Refusing to Process DACA Applicants & Rumors Circulate of More Changes On H-1B Visas

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Following the US Supreme Court’s decision blocking the Trump administration’s attempt to revoke the Deferred Action for Childhood Arrivals (DACA) program, in August, the Trump administration made several decisions that will also have an impact on immigration law, including refusing to process any new DACA applicants and limiting renewals to one year instead of two, as well as circulating rumors of instituting a merit-based immigration system.  There is no question that these will also likely be subject to additional legal challenges.

What The US Supreme Court (And Others Have) Ordered, Specifically

Indeed, the administration is on shaky legal ground, as the Supreme Court ruled that the administration had failed to follow procedural law under the Administrative Procedure Act in terminating DACA, and, instead, had simply made an arbitrary and capricious decision to rescind the program; a decision that manifested itself by then-Acting Secretary of Homeland Security Duke announcing that the Department of Homeland Security would no longer accept new applications—the exact same action that the administration is taking at this time. In addition, in mid-July 2020, a court in Maryland informed the administration that it had to start accepting new DACA applicants by pointing out that the Supreme Court’s decision vacated the current DACA policy, thus restoring it to its pre-September 5, 2017 status; meaning that first-time applicants are eligible to apply for DACA benefits.

Current DACA Recipients Renewed for Only One Year Instead of Two

Still, current Acting Homeland Security Secretary Chad Wolf refuses to do so, instead insisting on conducting a “comprehensive review” of the program; not only refusing to process new applicants, but also only renewing protections for the current 640,000 immigrants who are already protected within the program for only one instead of two years.

The Next Anticipated “Merit-Based” Immigration Plan

The administration is also poised to take drastic steps on H-1B visas and the ability for companies to employ highly-skilled foreign nationals, even though it has repeatedly lost in court over the issue and also already issued a proclamation suspending the entry of foreign nationals on L-1 and H-1B visas until the end of 2020. Rumors indicate that some legal advisers have suggested that Trump take the DACA opinion and, everywhere it says “DACA,” replace it with the phrase “skills-based immigration system.”

One “merit-based” immigration plan that was drafted more than one year ago could throw a projected four million people off of immigration waiting lists and replace all current employment-based and family preference categories with a point-based system instead.

If You Have Any Immigration Legal Concerns, Contact Immigration Lawyer Rashad Hauter

If you have any questions or concerns about immigration legal issues, including visa and DACA applications, contact North Carolina immigration attorney Rashad Hauter of Hauter Law today. We are committed to helping individuals and families through this complicated, confusing time, when immigrants are being subjected to numerous illegal policies that should be challenged in the courts.

Resources:

npr.org/2020/07/28/896334928/trump-administration-will-reject-new-daca-applications-administration-official-s

cnn.com/2020/08/06/politics/trump-administration-daca/index.html

cdn.cnn.com/cnn/2020/images/07/17/2020-07-17.order.%5bdckt.97_0%5d.pdf

forbes.com/sites/stuartanderson/2020/08/06/h-1b-visas-and-trumps-next-merit-based-immigration-plan/#584d349579bd

https://www.hauterlaw.com/appeals-court-rules-that-administrations-third-country-asylum-rule-effectively-barring-immigrants-from-central-america-is-illegal/

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