Mandelbaum Salsburg's July 2017 Immigration Law Update

Immigration Law Update

July 2017

DACA Benefits Continue while DAPA Dies

President Trump has decided not to revoke the program known as DACA (Deferred Action for Childhood Arrivals), despite campaign rhetoric to the contrary, leaving in place temporary protection for "Dreamers." He stresses, however, he has not made a "final determination" about the program, causing many young immigrants to feel uncertain about their future in this country.

President Trump did revoke Deferred Action for Parents of Americans, or DAPA, which was an executive order aimed at assisting undocumented parents raising children in the U.S. This program has been held up in court since 2014 when it was introduced by President Obama, and is now rescinded.

American Businesses Hurt by Cuts to H-2B Visa Program

H-2B visas are temporary visas for low skilled workers often employed in industries such as hospitality, fishing and farming. Congress declined to extend the program's exemption for returning workers in late 2016 which cut the number of available visas in half.

While some argue these visas take jobs away from Americans, others believe that temporary workers support the creation of higher-paying positions for U.S. citizens, so that reducing the supply of one type also reduces the creation of jobs for the other.

Cases in point include inns on Mackinac Island, Michigan, and the Pentagoet Inn in Castine, Maine. Pentagoet usually hires H-2B workers as kitchen staff, but could not get visas for them this year. They have not been able to open their restaurant as a result, which not only reduces their income but means they cannot hire local US workers to fill related positions.

Supreme Court Issues Interim Decision on Travel

The Supreme Court lifted part of the injunctions issued by federal courts in response to President Trump's revised travel ban.

The court removed the lower courts' injunctions against the ban "with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States." Those who may be able to enter are foreign nationals who have relatives in the U.S. or who plan to work here or attend school, though the meaning of "bona fide" was not totally defined and may cause confusion. The court allowed parts of the ban that have been on hold since March to take effect.

The Immigration Law Update is presented by Laurie Woog. Laurie is Chair of Mandelbaum Salsburg's Immigration Law Practice and has over twenty years of experience in the immigration law field. She represents clients in employment and family-based immigration cases before the United States Citizenship and Immigration Service (USCIS) and U.S. consulates abroad in all areas of immigration, including temporary work visas such as H-1b, L-1, R-1 and O-1s, and green cards through family relationships, labor certification (PERM) and employment based on extraordinary ability in the arts, science and business, national interest waivers, and outstanding professors and researchers. Laurie handles many applications for green cards based on marriage, extensions of status, and naturalization. For more information, please contact Laurie at lwoog@lawfirm.ms or 908-233-0076.