September 13, 2023
DACA Final Rule Is Found To Be Unlawful, But Status Quo Remains the Same
On Sept. 13, 2023, Judge Andrew Hanen in the Southern District of Texas ruled again that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. In doing so, he determined that the DACA Final Rule issued by the Biden administration with the intent to “preserve and fortify DACA” suffers from the same legal defects that led him to previously find the DACA program unlawful. The existing injunction and vacatur order, which Hanen first issued in July 2021, have been supplemented to include the Final Rule.
This means that although DACA was found unlawful, the status quo remains the same. Current DACA recipients will not lose their protection from removal. U.S. Citizenship and Immigration Services (USCIS) may continue to adjudicate and approve applications for DACA renewals, employment authorization, and advance parole. USCIS may choose to accept initial DACA applications but may not adjudicate them.
The plaintiffs are likely to challenge the decision by requesting an en banc hearing before the entire Fifth Circuit. Ultimately, the case is expected to go before the Supreme Court.
September 8, 2023
DHS Extends TPS re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan to 18 Months
The Department of Homeland Security (DHS) is extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.
The 18-month re-registration period under the designation of:
- El Salvador now runs through March 9, 2025;
- Haiti now runs through Aug. 3, 2024;
- Honduras now runs through July 5, 2025;
- Nepal now runs through June 24, 2025;
- Nicaragua now runs through July 5, 2025; and
- Sudan now runs through April 19, 2025.
This re-registration extension will allow TPS beneficiaries to submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, at any time during the 18-month extensions of the TPS designations of these six countries.
- TPS beneficiaries under the El Salvador designation may continue to re-register after the Sept. 10, 2023, expiration date noted in the June 21, 2023, Federal Register notice.
- TPS beneficiaries under the Haiti designation may continue to re-register after the March 27, 2023, expiration date noted in the Jan. 26, 2023, Federal Register notice.
- TPS beneficiaries under the Sudan designation may continue to re-register after the Oct. 20, 2023, expiration date noted in the Aug. 21, 2023, Federal Register notice.
July 31, 2023
ALERT: Do Not Submit Form I-134A Until After You Receive an Invitation from the Department of State
The Department of State’s National Visa Center (NVC) began issuing invitations by email and mail under the new family reunification parole (FRP) processes.
The NVC will email the invitation to petitioners if there is an email address associated with the approved Form I-130. If there is no email address of record, the NVC will mail the invitation to the petitioner’s mailing address of record.
If you are a petitioner and you believe you may be eligible, please make sure the NVC has your current contact information and mailing address. To update your contact information and address, contact the NVC through their Public Inquiry Form.
Invitations will be sent on a rolling basis based on operational capacity, the expected period of time until the principal beneficiary’s immigrant visa becomes available, and in a consistent manner to ensure process integrity.
You must receive an invitation to submit Form I-134A on behalf of a family member under the FRP processes. If you submit Form I-134A without receiving an invitation, we will not confirm your Form I-134A. Use the below tool to confirm whether you have been issued an invitation.
