Weekly Round-Up: Deportation; DHS Leaders; Biden’s Executive Actions : Immigration Law Blog

Federal Court docket Freezes 100-Day Deportation Pause

On January 26, 2021, a federal choose in Texas, following a problem by the Texas State Lawyer Normal’s Workplace, issued a 14-day nationwide short-term restraining order blocking the enforcement of President Biden’s 100-day pause on most deportations as a part of his many government actions relating to immigration.

U.S. District Choose Drew Tipton acknowledged in his ruling that the Biden administration “had failed to supply any concrete, cheap justification for a 100-day pause on deportations,” and ordered the Division of Homeland Safety (DHS) to “preserve[] the established order because it existed” previous to the issuance of the 100-day pause memorandum.

The Biden administration is predicted to enchantment the choice. The deemphasis on deportation and a renewed effort to supply a pathway to citizenship for undocumented immigrants has grow to be well-liked amongst immigrants’ rights teams and outstanding members of the Democratic Social gathering. As an illustration, in New Jersey, Olga Armas of the immigrant advocacy group Make the Highway, expressed assist for Biden’s new strategy to immigration, stating that “immigrants like me throughout the nation can start a brand new chapter;” and Amy Torres, Government Director on the New Jersey Alliance for Immigrant Justice, acknowledged that the “Biden-Harris Administration should proceed . . . [to] cease ICE enforcement, arrests, and detention.” Furthermore, New Jersey Democratic Senator Bob Menendez mentioned he’ll sponsor President Biden’s invoice making a pathway to citizenship for many of the practically 11 million residing in the USA with out documentation, together with roughly 500,000 in New Jersey.

The Norris McLaughlin Immigration Regulation Weblog, “Immigration Issues,” will proceed to observe the standing of the 100-day pause on deportations because the evaluation of the order proceeds in federal court docket.

New Management Throughout the Division of Homeland Safety

The Biden administration is transferring rapidly to vet and employees the DHS with new management, specializing in people with in depth background and data in immigration legislation.

As an illustration, Alejandro Mayorkas has been nominated as DHS Secretary and is awaiting affirmation. If confirmed, Mayorkas can be the primary Latino and immigrant to serve within the place. He beforehand served as director of the U.S. Citizenship and Immigration Companies (USCIS) between 2009 and 2013, after which as deputy director of DHS from 2013 to 2016. He was instrumental in implementing the Deferred Motion for Childhood Arrival Program (“DACA”), which has supplied safety from deportation for tons of of hundreds of immigrants who entered the USA as kids. Moreover, Ashley Tabaddor, a Los Angeles-based immigration choose and president of the Nationwide Affiliation of Immigration Judges, has been chosen to be the highest lawyer on the USCIS, a put up that has been vacant since 2019. She was a former prosecutor and lawyer with the U.S. Division of Justice earlier than changing into an immigration choose in 2015. Tabaddor has been a vocal critic of the Trump administration’s restrictions on the facility of immigration judges.

The brand new appointments point out that the Biden Administration is redirecting the DHS’s focus away from the earlier administration’s hardline insurance policies on deportation.

Newest Government Actions on Immigration

Regardless of being in workplace for lower than two weeks, President Biden is predicted to concern a second spherical of government orders and coverage proposals relating to asylum resettlement and reunification of households. The DHS introduced that it could finish participation within the Migrant Safety Protocols, a program enacted by the Trump administration that compelled over 65,000 people in search of asylum to stay in Mexico whereas ready for immigration court docket hearings in the USA. Present migrants already in this system would stay of their present location and await additional instruction.

President Biden can be making a process power to reunite migrant households which have been separated by insurance policies Trump administration insurance policies. Presently, greater than 600 kids have but to be reunited with their mother and father after changing into separated on the border.

Extra government actions would intention to rescind the “public cost” rule – a Trump Administration coverage that made it tougher for lower-income people in the USA to acquire everlasting residence – and lift the annual refugee acceptance ranges from 15,000 to 125,000 candidates.

If in case you have any questions on this weblog put up or another immigration issues, please be happy to contact me at wcmenard@norris-law.com or 282-544-0022.