Austin Immigration Lawyer Blog

Earlier this month, White House insiders floated the idea of an immigration deal: a lasting solution for beneficiaries of the Deferred Action for Childhood Arrivals (DACA)—an Obama-era program that provides temporary work permits to young undocumented immigrants program—in exchange for the Trump administration’s controversial wall along the U.S.-Mexico border.

House Speaker Nancy Pelosi quickly rebuffed talks of such a deal, arguing that funding for the border wall and legal protections for “DREAMers” (named after the failed DREAM Act, a bill that would’ve granted relief against deportation to immigrants who entered the country as minors) are two separate issues that cannot be lumped together.

Publicly, President Trump said he was not in the mood to negotiate over DACA. Sources from within the White House say the administration is instead waiting for the Supreme Court to finally rule on its challenge to DACA. But things could be much different behind the scenes, with advisors like Jared Kushner reportedly reaching out to House Democrats to offer some kind of DACA deal.

In an effort to reduce the volume of immigration applications rejected simply because of incorrect payments, the U.S. government has rolled out an online tool designed to help foreign nationals apply for immigration in keeping track the filing fees they still owe.

U.S. Citizenship and Immigration Services (USCIS) announced the implementation of a new feature on the agency’s website—an online fee calculator that accurately outlines the amounts an applicant still needs to pay for each form.

The agency admits that several immigration applications fell through the cracks in recent years largely due to the incorrect fees attached to these applications. In 2017 alone, USCIS processed over 11 million applications.

While a crackdown on undocumented immigrants was one of the core promises of President Trump throughout the campaign trail, his administration has also made key moves that are all but guaranteed to make it harder for people to go through the legal immigration process. More recently, the Trump administration introduced policy changes allowing the Department of Homeland Security (DHS) to be more stringent in enforcing immigration laws.

These changes include updates to U.S. Citizenship and Immigration Services (USCIS) regulations and procedures in handling immigrants attempting to legally enter the country—particularly those that involve deportation processes.

The issuance of Notices to Appear (NTAs) also follows a new procedure that expands the list of reasons for which immigrants would be required to appear before an immigration judge and go through the deportation proceedings. Among the items in the expanded list include violations of welfare programs (particularly the reception of public benefits), criminal activity, and denials of immigration benefits (e.g. refusing visas that change their legal migrant status).

President Trump’s shutdown of the federal government has further delayed the resolution of thousands of immigration cases—a backlog that the Justice Department and immigration courts across the country have been struggling with.

Several U.S. immigration courts around the country remain closed as the government shutdown enters its third week, putting on hold the already unmanageable backlog of tens of thousands of immigration cases, many of which involve asylum application and other immigration claims.

The migrants involved, which the records office at the University of Syracuse puts at 800,000 in number, have no choice but to wait for the Congress and the Trump administration to arrive at a bipartisan deal that will finally fund government operations.

U.S. and Vietnam officials gathered last Monday to discuss the fate of a repatriation agreement protecting certain Vietnamese nationals from deportation, as reported by immigrants’ rights groups and several media outlets.

The memorandum of understanding, signed by both countries in 2008, defers the immediate deportation of Vietnamese immigrants who came to the United States before diplomatic relations between the two countries were restored in July 12, 1995. Should either country choose to forego renewing the agreement in January 2019, at least 8,000 Vietnamese immigrants stand to face deportation as they become subject to standard immigration law.

A large number of Vietnamese nationals who came to the U.S. during the time period covered by the agreement did so to escape the war in their home country. Doing away with the agreement, lawyers and advocates argue, would have a tremendous impact on the lives of thousands of people who sought safety in the U.S.