Recent Updates on President Trump’s Travel and Refugee Bans

As noted in a previous blog (available here), on September 24, 2017, President Trump issued a Presidential Proclamation placing certain visa/travel restrictions on nationals of eight identified countries, subject to various exclusions for certain individuals, including current lawful permanent residents (i.e., green card holders). Like the President’s previous Travel Bans (discussed in the blogs available here and here), federal district courts in Maryland and Hawaii have issued preliminary injunctions enjoining enforcement of the visa/travel restrictions

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Rescission of Deference to Prior Decisions Granting Certain Nonimmigrant Visa Status

On October 23, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued updated policy guidance directing its officers to “apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories.” Previous policy had instructed officers to give deference to the findings of previously approved petitions, as long as there was no evidence of fraud or material error related to the prior determination and the key elements remained the same. The updated guidance removes this

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2019 Diversity Visa Program (“Green Card Lottery”)

2019 Diversity Visa Program (“Green Card Lottery”)

Background

In fiscal year 2019, the annual Diversity Visa (DV) Program (Commonly known as “Green Card Lottery” or “DV Lottery Program”) will make available 50,000 immigrant visas (permanent resident visas) to persons from countries with low rates of immigration to the United States. The permanent residence visas (also known as “green cards”) are made available to persons who meet the simple, but strict, eligibility requirements. The DV visas are distributed among

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Travel Ban 3.0

On September 24, 2017, President Trump issued a Presidential Proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” The Proclamation summarizes the world-wide review of information-sharing practices and identity-management protocols of foreign governments conducted by the Secretary of Homeland Security pursuant to section 2 of Executive Order 13780 (Travel Ban 2.0). In reliance on the results of this world-wide review, the Proclamation identifies eight countries

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SB 1947 Offers relief from Physical Education and Drivers’ Ed Mandates

Two small provisions of the comprehensive school-funding reform bill relieve Illinois school districts of some significant curriculum requirements. First, the law removes the requirement that Illinois schools offer “daily” physical education. Instead, the new law provides “A school board may determine the schedule or frequency of physical education courses, provided that a pupil engages in a course of physical education for a minimum of 3 days per 5-day week.” That means that, under the new law, it is up to

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Mandate Relief in Senate Bill 1947: Waivers

Senate Bill 1947 introduces two changes to the process by which school districts seek waivers from School Code mandates. Upon initial review, the changes do not appear drastic, but they do make the waiver request process slightly less onerous. Districts that may be interested in submitting a waiver request should take note of the following. The first change provides districts with additional reasons to cite when requesting a waiver of a School Code mandate. Previously, school districts

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“Green Card Lottery” 2019 Diversity VISA Program

SEE UPDATED POST (October 18, 2017) Background In fiscal year 2019, the annual Diversity Visa (DV) Program (Commonly known as “Green Card Lottery” or “DV Lottery Program”) will make available 50,000 immigrant visas (permanent resident visas) to persons from countries with low rates of immigration to the United States. The permanent residence visas (also known as “green cards”) are made available to persons who meet the simple, but strict, eligibility requirements. The DV visas are distributed among

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Amendments to Missouri Human Rights Act Are Now the Law

After years of Missouri employers seeking changes to the state’s primary employment anti-discrimination law, amendments to the Missouri Human Rights Act (MHRA) recently went into effect. Missouri Senate Bill 43, the legislative vehicle for the MHRA amendments, passed the Missouri General Assembly during the 2017 session and was signed by Gov. Eric Greitens on June 30, 2017. Senate Bill 43’s provisions became effective on August 28, 2017, although some procedural aspects of the new law may have retroactive application. Retroactive

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Rescission of Deferred Action for Childhood Arrivals (DACA)

On September 5, 2017, President Trump’s Administration announced rescission of the Deferred Action for Childhood Arrivals (DACA) program implemented in 2012 by President Obama. Through the DACA program, certain young people who entered the United States before the age of 16 were granted temporary reprieve from deportation (known as deferred action) as well as work authorization and the possibility of advance parole (which if granted allows them to return to the United States after traveling abroad). Since 2012, almost 800,000

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Expansion of In-Person Interviews for Permanent Residency Applicants

On August 28, 2017, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will expand in-person interviews of foreign nationals applying for permanent residency in the United States. Currently, individuals seeking green cards through their relationships with family members by filing an I-130, Petition for Alien Relative, and an I-485, Application to Adjust Status, are required to attend in-person interviews at local USCIS offices. Applicants seeking employment-based green cards through the filing of an I-140, Immigrant Petition

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