Bloomberg Law – Revamped Suit Challenges Presidential Power to Bar Entry to U.S.

TrumpsA new class of plaintiffs claim President Donald Trump’s June 22 proclamation suspending U.S. entry by certain classes of visa holders is an attempt to “unilaterally rewrite the federal immigration laws” and exceeds the scope of his statutory authority.

Their revised complaint, filed Friday at the U.S. District Court in Washington, D.C., challenges the entirety of Trump’s proclamation. The president’s action extended a previous order barring entry to the U.S. for green card applicants. It also expanded the earlier order to include H-1B and H-4 visas, which are used by workers in specialty occupations and their families, as well as L visas for intracompany transfers and most J visas for work- and study-abroad programs.

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NBC News – California becomes first state to sue Trump administration over student visa policy

xavier-becerra-gavin-newsom-California will become the first state to sue the Trump administration over guidelines issued this week that bar international students from remaining in the U.S. if they can take classes online, state Attorney General Xavier Becerra announced Thursday afternoon.

The lawsuit, which was expected to be filed Thursday in U.S. District Court for Northern California, seeks a preliminary injunction against enforcement of the new visa policy.

Under the directive, students on F-1 and M-1 visas “must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” Immigration and Customs Enforcement said in a statement.

Those who violate the rules “may face immigration consequences including, but not limited to, the initiation of removal proceedings,” the agency said. Continue reading “NBC News – California becomes first state to sue Trump administration over student visa policy”

The Harvard Crimson – Harvard, MIT Sue Immigration Authorities Over Rule Barring International Students from Online-Only Universities

HarvardHarvard and the Massachusetts Institute of Technology filed a lawsuit in District Court in Boston Wednesday morning against the Department of Homeland Security and U.S. Immigration and Customs Enforcement, according to University President Lawrence S. Bacow.

The lawsuit seeks a temporary restraining order and preliminary and permanent injunctive relief to bar the U.S. Department of Homeland Security and Immigration and Customs Enforcement from enforcing federal guidelines barring international students attending colleges and universities offering only online courses from staying in the United States.

The guidelines would mandate that they transfer to an institution offering in-person instruction or risk “immigration consequences including, but not limited to, the initiation of removal proceedings.”

“The order came down without notice—its cruelty surpassed only by its recklessness,” Bacow wrote in an email to affiliates. “We believe that the ICE order is bad public policy, and we believe that it is illegal.” Continue reading “The Harvard Crimson – Harvard, MIT Sue Immigration Authorities Over Rule Barring International Students from Online-Only Universities”

NBC News – U.S. says foreign students may have to leave if their school goes online-only

200706-harvard-university-coronavirusThe government announced Monday that international students will not be allowed to stay in the country if the institution in which they’re enrolled is holding online-only courses this fall, and those failing to comply with the rules will risk deportation.

Students on F-1 and M-1 visas who face such a situation “must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” the Immigration and Customs Enforcement agency said in a news release.

Those who violate the rules “may face immigration consequences including, but not limited to, the initiation of removal proceedings,” the agency said. Continue reading “NBC News – U.S. says foreign students may have to leave if their school goes online-only”

Suspending work permits for foreign graduates would be a terrible mistake for US economy

USA Today 41f4da0d-abb4-4115-af39-e501c66c2b57-A04_GRADUATES_03Tweets of travel bans reverberate through deserted terminals. Consequences of visa cancellations echo in desolate embassies. Murmurs of work permit suspensions linger in empty dorms. For the more than 1 million foreign students in the United States, this threatened suspension would be devastating. I know this because I used to be one. Being an immigration attorney also makes me acutely aware of the turmoil this would cause.

Every year, foreign students flock to America in droves. They come for the world-class education, the ground-breaking research and the multicultural environment. The post-graduation work permit is a further draw. It is this work permit — known as Optional Practical Training — that now appears to be on the Trump administration’s chopping block to reduce immigration.

In a recent letter to the president, Republican Sens. Tom Cotton, Ted Cruz, Chuck Grassley and Josh Hawley called for the suspension of OPT, claiming there is “no reason” to allow these foreign graduates to apply for work permits. Ethical considerations aside, there is a plethora of economic evidence to support retaining the OPT program for current and future international students.

To read this article in full, please visit USA Today

NPR – Trump Freezes Green Cards, Many Work Visas Until End Of Year

TrumpPresident Trump on Monday extended a freeze on green cards for new immigrants and signed an executive order to suspend new H-1B, L-1, J and other temporary work visas for skilled workers, managers and au pairs through the end of the year.

The goal of the move is to protect 525,000 jobs as part of the White House response to job losses caused by the coronavirus pandemic, said a senior administration official, who spoke to reporters on the condition of anonymity. NPR first reported the impending order on Saturday.

“Americans have been hurt through no fault of their own due to the coronavirus,” the official said. “And the president is prioritizing getting them back into the labor supply and getting them to work and standing on their own two feet again.”

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The New York Times – Businesses Brace for Possible Limits on Foreign Worker Visas

NYTMaya Nasr was admitted to the Massachusetts Institute of Technology at 16 to study aerospace engineering. Currently a doctoral student there, she has been working on NASA’s next Mars rover, slated for launch this summer.

“By the time I finish my Ph.D., I will have spent 10 years in the U.S. researching what I am passionate about — getting people to Mars and human space exploration,” said Ms. Nasr, 23, who is Lebanese. “I would really like to stay here and work in this field.”

But recently she has been wracked with worry that the economic downturn that has left millions of Americans unemployed could threaten the visa program that would allow her to work as a foreigner in the United States once she graduates. “If I had to, I would consider Canada, the U.K. or Europe, but the U.S. is the place,” she said. Continue reading “The New York Times – Businesses Brace for Possible Limits on Foreign Worker Visas”

The Wall Street Journal – Trump Administration Considers Suspending H-1B, Other Visas Through the Fall

TrumpWASHINGTON—The Trump administration is weighing a proposal to suspend a slate of employment-based immigration visas, including the coveted H-1B high-skilled visa, according to administration officials familiar with the talks, among several possible measures amid the economic fallout of the pandemic.

The proposed suspension could extend into the government’s new fiscal year, beginning Oct. 1, when many new visas are typically issued, these officials said. That could bar any new H-1B holder outside the country from coming to work until the suspension is lifted, though visa holders already in the country are unlikely to be affected.

The suspension proposal is one of a series of legal immigration limits that President Trump is considering as part of an executive action he is set to unveil in the coming weeks. The administration has argued that the pandemic requires limits on immigration to prevent sick people from entering the country and to ensure that Americans get jobs first as the economy rebounds. Continue reading “The Wall Street Journal – Trump Administration Considers Suspending H-1B, Other Visas Through the Fall”

Roll Call – Administration puts ‘hold’ on green card requests from US

American flag

After suspending approval of green card requests to immigrants abroad seeking U.S. residency, the Trump administration has also halted processing requests from green card applicants already living in the country.

The U.S. Citizenship and Immigration Services told employees this week that a “general hold” on permanent residency applications filed from immigrants within the United States would remain in place. But it updated a list of exemptions to the hold in a Wednesday email and other internal communication seen by CQ Roll Call. It was not clear when the hold was originally implemented. Continue reading “Roll Call – Administration puts ‘hold’ on green card requests from US”

Forbes – House GOP Immigration Letter Backs OPT For International Students

GtownIn a surprise twist to the political drama over potential new immigration restrictions, 21 House Republicans sent a letter to Secretary of State Mike Pompeo and Acting Homeland Security Secretary Chad Wolf urging support for Optional Practical Training (OPT) for international students. Sources have confirmed some Trump officials hope to use the recent economic downturn due to Covid-19 to impose new restrictions on H-1B visa holders, international students and others. Deliberations on specifics continue inside the administration, which has prompted members of Congress and others to weigh in.

“We write to request your help in ensuring our nation’s ability to attract, educate, and engage with the best and brightest students and scholars from across the world,” begins the June 2, 2020, letter from House Republicans. “In furtherance of the goal, we ask your agencies adopt appropriately streamlined processes to ensure international students can enroll in the fall and preserve the Optional Practical Training (OPT) program, which allows our country to globally compete for market share of international students.”

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