Supreme Court Rejection of GOP Attempt to Legally Defend the Trump Expansion of the Public Charge Rule is a Welcome Yet Insufficient Development

By Taher Kameli & Chathan Vemuri   In a further demonstration of the Biden era Federal Government’s rejection of Trump-era restrictive changes to US immigration policy, the US Supreme Court turned down an attempt from several Republican states to defend the Trump-era expansion of the public charge rule.[1] Under the Trump administration’s rule, immigrants were denied the use of several public benefits such as Medicaid and food stamps.[2] Furthermore, they were required to prove that they had enough means to not rely on government assistance in the future.[3] Such a policy had the effect of

District Court for the Northern District of California Strikes Down H-1B Regulations for Violating APA

Strikes Down H-1B Nonimmigrant Visa Program

Written by Taher Kameli & Chathan Vemuri As noted before on this blog site, on October 8, 2020, the Department of Homeland Security issued an interim final rule that was meant to revamp the H-1B Nonimmigrant Visa program.[1] Called Strengthening the H-1B Nonimmigrant Visa Classification Program, this interim final rule changed the definition requirements for “specialty occupations,” among other aspects, in order to make applications for the H-1B Nonimmigrant Visa more challenging.[2]   The overall purpose behind the changes was to decrease reliance on the H-1B program and encourage employers to look

DHS Proposes End Work Authorization for Aliens with Final Removal

DHS Proposes to Cancel Work Authorization For Aliens

Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the Department of Homeland Security (DHS) proposed a rule to cancel work authorization for non-resident aliens, subject to final removal awaiting deportation.[2] This cancellation of work authorization would specifically apply to those aliens subject to final removal awaiting deportation that has been released from DHS custody but still lack the requisite travel documents needed to deport them from the U.S.[3]    As part of its efforts to further entrench his immigration policy during the home stretch of his Presidency, the Trump

Immigrant Surveillance – The DHS’ Proposal to Expand Biometric Collection to Limit Immigration

Limit Immigration DHS Propose to Expand Biometric Collection

Written by Taher Kameli & Chathan Vemuri Mass surveillance and crackdown on immigration are not new phenomena in the United States and both have metastasized considerably over the last two decades in the wake of the war on terror and the broader debate over immigration to the US. Issues involving National Security Agency (NSA) spying of private telecommunications, use of older social media to place suspicion individuals and disproportionate targeting of certain minority groups have been hot button topics due in part to revelations by whistleblowers such as Edward Snowden, Julian Assange and Glenn Greenwald. Immigration in

Federal Court Blocks Trump Administration’s expanded “Expedited Removal” Deportation Policy

Federal Court Blocks “Expedited Removal” Deportation Policy

Written by: Taher Kameli, Esq. While Congress (or at least the House of Representatives) is perhaps now showing some opposition to President Trump on the issue of impeachment, Congress has not been able to block the anti-immigration policies of the Trump administration.  Instead, it has been the judicial branch of government, rather than the legislative branch of government, which has been more effective in opposing the Trump administration on the issue of immigration. As another example of the judiciary ruling against an immigration policy of the Trump administration, on September 27, 2019, a Federal court

Important Dates Forthcoming Before End of Year 2019 for United States’ Residency by Investment Program

Residency by Investment Program EB-5 In United States

Written by: Taher Kameli, Esq. Would you like to be a resident of the United States?  The United States, often referred to as the “land of opportunity”, is considered an attractive destination for many immigrants, with its strong economy, high level of education, health care, and standard of living, political freedoms, and diverse culture.  If you are interested in residing in the United States, you should note that important dates will be forthcoming before the end of year 2019 for the United States’ residency by investment program (known as the “EB-5 program”). On July

USCIS Announces Publication of New Rule That Significantly Revises Eb-5 Program

Eb-5 Program Revised Significantly from USCIS New Rule

Written by: Taher Kameli, Esq. Under the EB-5 program, immigrants who invest $500,000 in a project located in a “targeted employment area” (generally rural areas and areas with high levels of unemployment) (“TEA”) that creates 10 full-time jobs generally can qualify to receive a green card, and permanent lawful resident status, in the United States.  As the EB-5 program has been popular, the announcement in January, 2017 that new regulations would be issued concerning the EB-5 program drew significant attention.  After well over 2 years, the wait for these new regulations is finally over.  On July 23, U.S. Citizenship

Ninth Circuit Upholds Trump Administration’s “Remain in Mexico” Program

Trump's “Remain in Mexico” Program Upholds Ninth Circuit

Written by: Taher Kameli, Esq. In the face of continuing anti-immigration policies from the Trump administration, it has been the judicial branch of the Federal government (the courts) that immigrants have often relied upon to protect immigrant rights.  The U.S. Court of Appeals for the Ninth Circuit, in particular, has issued various decisions in defense of immigrant rights. However, even the Ninth Circuit is not a guarantor of a “pro-immigration” decision, as evidenced by its May 7 opinion upholding President Trump’s Migrant Protection Protocols program (known as the “Remain in Mexico” program).

Trump Administration Proposal Could Evict Citizens and Legal Immigrants Living With Undocumented Immigrants From Public Housing

Evicting So-Called “Mixed-Immigration Status” Families.

Written by: Taher Kameli, Esq. Imagine having to choose between living with a beloved family member or remaining in your current residence.  Such a difficult choice may soon be faced by US citizens and legal immigrants who live in public housing with undocumented immigrant family members as a result of a recent proposal by the Trump administration.  On April 17, the Department of Housing and Urban Development (HUD) proposed a rule that could evict so-called “mixed-immigration status” families (at least one family member is a citizen or legal immigrant, and at least

American Bar Association Proposes Major Overhaul of U.S. Immigration System

American Bar Association Major Overhaul of U.S. Immigration

Written by: Taher Kameli, Esq. Would it surprise you if someone said that there are issues with immigration in the United States?  Probably not, but when the US immigration system is criticized in strong words by one of our leading lawyer associations, you probably should take notice.  Thus, a March 2019 American Bar Association (ABA) report proposing a major overhaul of the US immigration system deserves our attention. The ABA report, entitled “REFORMING THE IMMIGRATION SYSTEM Proposals to Promote Independence, Fairness, Efficiency, and Professionalism in the Adjudication of Removal Cases”, is an update to a similar report issued by the ABA