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  1. USCIS NTA MEMORANDUM IMPLEMENTATION DELAYED

    by , 07-30-2018 at 05:18 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    On July 30, the USCIS announced that it will delay the implementation of a recent memo regarding the issuance of Notices To Appear (NTAs) to foreign national who fall out of status when their immigration petition is denied. The issuance of an NTA initiates deportation proceedings.

    On June 28, 2018 the USCIS issued a new policy memorandum which instructed USCIS Officers to initiate deportation proceedings for those foreign nationals’ whose immigration petition was denied after their I-94 card had already expired. Generally, when the USCIS creates a new policy the USCIS delays implementation of the policy until a guidance memo can be issued. The June 28, 2018 memo did not give a date specific on which the policy would be implemented, meaning it would be implemented immediately.

    Today's announcement indicates the new NTA policy not be implemented until the USCIS guidance is issued. The announcement also confirms that USCIS is not currently initiating deportation proceedings for those whose immigration petitions are denied after their I-94 cards expire.

    For more information on this new policy please join us on Wednesday, August 1, for a teleconference on this new policy and other updates from the USCIS: REGISTER


    _________
    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter, and LinknedIn.
  2. ICE delivers more than 5,200 audit notices in 2018

    By: Bruce Buchanan, Sebelist Buchanan Law



    As discussed last week in my blog, Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) were out in force during the week of July 16 delivering Notice of Inspection (NOI)/audit notices. Well now we know the numbers - HSI served 2,738 NOIs and made 32 arrests in a one-week period. This is a massive operation and over 10 times as big as ICE’s operation in California earlier this year.

    ICE announced I-9 audit notices were served to more than 5,200 businesses around the United States since January 2018. During the first phase of the operation, January 29 to March 30, 2018, HSI served 2,540 NOIs and made 61 arrests. Thus, at the present rate, ICE-HSI will reach over 8,500 NOIs for the 2018 calendar year. This is over 5,000 audits more than the highest previous amount of about 3,100 in 2013.

    HSI is currently carrying out its commitment to increase the number of I-9 audits in an effort to create a culture of compliance among employers, according to Derek N. Benner, Acting Executive Associate Director for HSI. HSI’s worksite enforcement strategy focuses on the criminal prosecution of employers who knowingly break the law, and the use of I-9 audits and civil fines to encourage compliance with the law. HSI’s worksite enforcement investigators help combat worker exploitation, illegal wages, child labor and other illegal practices.

    Failure to follow the law can result in criminal and civil penalties. In FY17, businesses were ordered to pay $97.6 million in judicial forfeitures, fines and restitution, and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case.

    In FY 2018, to date, HSI opened 6,093 worksite investigations and made 675 criminal and 984 administrative worksite-related arrests, respectively. In fiscal year 2017, HSI opened 1,716 worksite investigations; initiated 1,360 I-9 audits; and made 139 criminal arrests and 172 administrative arrests related to worksite enforcement.

    Will your company be the next target? My advice is to be prepared through an internal I-9 Audit. An immigration attorney familiar with I-9 forms and worksite enforcement is the perfect person to assist you in an internal I-9 audit.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  3. Findings of Credible Fear Plummet Amid Widely Disparate Outcomes by Location and Judge

    Withdrawn.

    Updated 08-01-2018 at 01:47 PM by ImmigrationLawBlogs

  4. Updated Guidance on the Implementation of Notice to Appear Policy Memorandum

    by , 07-30-2018 at 01:58 PM (Matthew Kolken on Deportation And Removal)
    Via USCIS:

    Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.

    Last Reviewed/Updated: 07/30/2018
  5. Letters of the Week: July 30 - Aguest 03

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