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Emergency Update on Executive Order Suspending Entry as of January 27 for U.S. Legal Permanent Residents Who Are Nationals of Seven Countries

As of this morning, January 28, we are beginning to learn more about the interpretation of the final text of the Executive Order (EO) signed yesterday by President Trump entitled, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” It has already resulted in students and visa holders being turned away at airports and sent back to their home country or another location abroad.

Some questions are being answered, but the situation is very fluid. What we appear to know so far: Read More ›

Executive Order Immediately Suspends Entry to the U.S. by Restricted Nationalities for 90 Days as of January 27

What are the travel implications of the EO signed January 27, 2017?

Who is affected? The EO mentions aliens “from countries referred” to in Section 217(a)(12) of the Immigration and Nationality Act, as amended (INA), which relates to use of the Visa Waiver Program (VWP). Assuming that those “aliens” affected are chosen in a similar manner to how U.S. Customs and Border Protection (CBP) modified the requirements of the Electronic System Travel Authorization (ESTA) for the Visa Waiver Program (VWP) (81 FR 8979 – 2/13/16), then those affected would be nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and YemenRead More ›

President Trump Immigration (National Security) Executive Order Action

Before taking office, President Trump promised that immigration would be one of the new Administration’s first priorities within its first 100 days. President Trump is poised to sign an Executive Order (EO) on January 26 intended to enhance national security, which will have a significant impact on current immigration processes. Read More ›

Immigration Advocates Sue for Border Patrol Transparency

Samuel Damren, Detroit-based member of Dykema’s Litigation Department, authored an Op-Ed article in the Detroit Free Press titled, “Immigration advocates sue for border patrol transparency.” The article discusses a lawsuit filed by the Michigan Immigrant Rights Center and immigration researchers, who are represented pro bono by Dykema, along with the American Civil Liberties Union of Michigan, under the federal Freedom of Information Act. Read More ›

New Smart I-9 Posted by USCIS

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) posted the long awaited new smart I-9 form on its website. This 11/14/16 version of the form must be used as of January 22, 2017. The new smart I-9 is not the same as an electronic I-9 software product. It does, however, contain explanations and drop down menus regarding the completion of the form. It also prevents the employer or employee from  clicking “finish” without a “review of the form” option. It also creates a Quick Response (QR) code for use by U.S. Immigration and Customs Enforcement (ICE) for improved auditing by the agency. The interactive smart I-9 also will catch uncompleted blanks and section 2 of the form pulls some relevant data for the heading of section 2 of the form. For employers, section 2 is includes some useful "training wheel” elements that will hopefully reduce over-documentation and errors in documentation description. For example, if an employee produces a U.S. passport, the issuing authority is automatically populated by the smart I-9. Read More ›

USCIS To Raise Filing Fees as of December 23

On October 24, U.S. Citizenship and Immigration Services (USCIS) issued a final rule, effective December 23, which will increase filing fees for most immigration petitions and applications. Applications or petitions postmarked or filed on or after December 23, 2016, must apply the new fees or be rejected.    Read More ›

U.S. Supreme Court’s Deadlock on Immigration Executive Actions Unleashes Legal Chaos

On June 23, the U.S. Supreme Court (SCOTUS) reached a 4-4 tie in U.S. v. Texas, leaving potentially millions without legal relief under the proposed enjoined immigration executive actions. The SCOTUS slip opinion posting this morning states, “The judgment is affirmed by an equally divided court.” Read More ›

Visa Waiver Program Changes Implemented

On January 21, 2016, the U.S. Department of State announced that the changes made to the Visa Waiver Program (VWP) under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (Act) would begin. On January 22, U.S. Customs and Border Protection published FAQs as well. This Act removed certain individuals from VWP eligibility. They include:

  • Nationals of VWP qualifying countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.
 Read More ›