EAH Immigration Blog

The following additional items may be of interest to our readers: U.S. Embassy in Nicaragua: Due to the current unrest in Nicaragua, the U.S. embassy in Managua has significantly reduced its hours, and DOS has suspended almost all visa processing. The embassy is prioritizing U.S. citizen services, immigrant visa cases that...

Due process is an essential tenant of the rule of law. In the immigration context, there are certain standards that must be met to ensure a full and fair hearing for the immigrant. The immigration laws require that “Notices to Appear” (NTAs), which are essentially the immigration version of a charging...

On June 26, the Supreme Court issued its much anticipated decision, upholding President Trump’s September 24, 2017 Proclamation (“Travel Ban 3.0”), which currently excludes nationals from seven countries, stating that the proclamation was “squarely within the scope of Presidential authority under the INA.” (Trump v. Hawaii, 6/26/18). The travel ban includes...

Article I, Section 2, Clause 3 of the U.S. Constitution requires a census be taken every decade to ensure proper apportionment in the House of Representatives. The U.S. Census Bureau, overseen by the Commerce Department’s Economics and Statistics Administration, implements the census. Aside from just population, the census collects valuable data...

Burma (also known as Myanmar) is a sovereign state in Southeast Asia, nestled between Bangladesh and Thailand. Its 54 million citizens are ethnically diverse but overwhelmingly Buddhist, though the country has small groups of Christians and Muslims. Since receiving independence in 1948, the country has been defined by its ongoing internal...

The State Department will likely require nonimmigrant and immigrant visa applicants to provide more detailed histories including social media platforms. In a notice of rulemaking governing electronic Forms DS-260 and DS-160, DOS detailed its intention to require visa applicants to provide identifiers for specified social media platforms during the preceding five...

In a recent cable to consular officers, the Department of State reviewed and amended its guidance regarding minimum wage requirements and presumption of ineligibility for visa issuance for A-3, C-3, and G-5 attendants, servants, and personal employees. Most significantly, DOS directs that consular officers must presume that an applicant is not...

On April 6, 2018, President Trump published a memorandum directing the secretaries of Homeland Security, Defense, Justice, and Health and Human Services to update him regarding the steps being taken to end “catch and release” practices.  Catch and release is an unofficial name of a protocol that has been followed by...

ICE has changed its policies regarding the handling of pregnant women in detention, breaking from the previous practice of automatically releasing them. Under a new directive, immigration officers will no longer default to trying to release pregnant women in ICE custody. Instead, the policy requires a case-by-case evaluation, and ICE will...

USCIS To Destroy Undeliverable Green Cards and EADs After 60 Days: USCIS announced that it is now destroying permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. Word to the...

The H-4 visa is available for the spouses of those for nationals who have received an H-1B visa. However, unlike many other visa categories for spouses, there are conditions on H-4 visa holders who can apply for and receive work authorization. H-4 visa holders can receive an EAD work if they...

Question for employers: How does your company handle its I-9s? Have you even thought about it? Unfortunately, most employers tend to underthink this hugely important human resources component, which affects all its employees, not just foreign nationals. ICE has announced it will increase its worksite audits by “four or five times,”...

Partner David Harston to speak at the Institute on Advising Nonprofit Organizations in Colorado, on “Charitable Organizations and Immigration Law.” Denver, Colorado(CBA-CLE, May 4, 2018).

The Trump Administration through the Department of Justice (DOJ) has, little by little, implemented a number of policies over the last year that have undermined the independence of the immigration courts and have weaken due process for foreign nationals. Some basics: The immigration courts play a key role in affording noncitizens...

The U.S. Supreme Court decided two important immigration cases recently, one holding that part of the law defining a “crime of violence” for deportability purposes was unconstitutionally vague, and the other case holding that there is no automatic right to a bond hearing for those detained for as long as six...

The following additional items may be of interest to our readers: Parole for Entrepreneurs Moving Forward: The international entrepreneur rule allows certain entrepreneurs to be granted “parole” and remain in the U.S. while they develop their business idea. The rule was crafted late in President Obama’s term and was set to...

ICE has in place a policy governing interior enforcement actions at sensitive locations. These locations have been defined as schools, hospitals, houses of worship, religious/civil events (e.g., weddings and funeral), and public demonstrations (e.g., marches and rallies). Under its guidelines, if an enforcement action is set to take place at one...

We are honored that SuperLawyers has selected David Harston and Phil Alterman as Colorado SuperLawyers, another year in a row.

One of President’s Trump’s first actions in office was to make a show of withholding federal funds from sanctuary jurisdictions. In the “Enhancing Public Safety in the Interior of the United States” Executive Order, the President sought to “[e]nsure that jurisdictions that fail to comply with applicable Federal law do not...

The Office of Inspector General for DHS, the “watchdog” of the department, conducted random site visits at six ICE detention facilities to determine whether the baseline standards of detainee treatment were being met. The resulting report exposed numerous unsatisfactory conditions at several ICE detention facilities. One of the facilities was not...