U.S. Borders to re-open in November to Fully Vaccinated Travelers

Yesterday the Department of Homeland Security announced they would allow fully vaccinated non-essential foreign national travelers to enter the U.S. by land and ferry crossings from Canada and Mexico starting in early November.

In order for foreign nationals to travel from Canada or Mexico to the U.S. by land or ferry they must be fully vaccinated, 14 days from their final dose, and provide the correct documents.

This will not affect essential travelers who will still abide by the current rules in place. But starting January 2022 essential travelers will also need to be vaccinated to cross by land or ferry.

This is long awaited news as the U.S. borders have been closed since March 2020 due to the Covid-19 pandemic.

Serotte Reich will continue to provide updates, as the status of the immigration systems continues to shift frequently. If you need assistance or advisement regarding an immigration matter, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

DHS Withdraws Proposed Biometrics Rule

On May 7, 2021, the Department of Homeland Security (DHS) announced its decision to withdraw a proposed rule concerning the use and collection of biometrics by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). The rule, originally proposed on September 11, 2020, would have expanded department authorities and requirements for collecting biometrics by removing age restrictions; by requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or other individual filing for or associated with any immigration or naturalization benefit or request unless DHS waived or exempted the biometrics requirement; by codifying the authority to use or require DNA test results; and by authorizing the use of additional types of biometric modalities.

The withdrawal of the proposed rule is consistent with President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which prioritizes reducing barriers and undue burdens in the immigration system. DHS maintains that it will continue to require submission of biometrics where appropriate and remains committed to national security, identity management, fraud prevention and program integrity.

Serotte Reich will continue to provide updates, as the status of the immigration systems continues to shift frequently. If you need assistance or advisement regarding an immigration matter, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

DHS Announces End of 2019 Public Charge Rule

On Tuesday March 9, 2021, Department of Homeland Security (DHS) Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule. Section 4 of President Biden’s Executive Order 14,012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” called for DHS to immediately review its implementation of the public charge ground of inadmissibility. As part of this review, DHS has determined that it will no longer continue to defend the 2019 public charge rule, as doing so is neither in the public interest nor an efficient use of limited government resources.

DHS Secretary Mayorkas explained that, “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. Consistent with the President’s vision, [DHS] will continue to implement reforms that improve our legal immigration system.”

Additionally, the Department of Justice (DOJ) has announced it will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 public charge rule. Therefore, yesterday, March 9, 2021, the DOJ dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. The final judgment from the Northern District of Illinois went into effect following the Seventh Circuit dismissal yesterday afternoon, thus vacating the 2019 public charge rule.

Subsequently, DHS announced that it will now revert to the 1999 interim field guidance on the public charge inadmissibility provision. This guidance was the policy in place before the 2019 public charge rule. Under the 1999 guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

DHS will continue to review agency actions on public charge inadmissibility and deportability and to consult with the Departments of Justice and State and federal benefits-granting agencies. DHS and USCIS will provide additional updates regarding the implementation of the public charge ground rule of inadmissibility, as the review continues. We are expecting USCIS to issue guidance on the implementation of Form I-944 soon.

Serotte Reich will continue to provide updates, as the status of Form I-944 and its implementation continue to shift frequently. If you need assistance or advisement regarding an immigration matter that will be affected by these new announcements, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

President Biden Issues Proclamation Revoking Trump’s COVID-19 Immigration Bans

On February 24, 2021 President Biden signed into effect a Presidential Proclamation revoking a series of Immigration related Presidential Proclamations. President Biden’s newest proclamation revokes Presidential Proclamations 10014 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), and section 1 of Proclamation 10131 (Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak). The revoked proclamations restricted the legal entry into the U.S. of many qualified nonimmigrants and immigrants seeking visas.

President Biden’s proclamation stresses that the bans did not advance the interests of the United States, but rather harmed individuals, U.S. family members and the U.S. economy by virtually halting all legal immigration. The now revoked proclamations prevented family members of U.S citizens and lawful permanent residents from being united with their families in the U.S. and kept U.S. employers from being able to “utilize talent from around the world.” Additionally, the bans have precluded individuals who were selected to apply for and who received visas through the 2020 Diversity Visa Lottery from entering the U.S.; more than 120,000 family-based visas and thousands of diversity visas were lost in fiscal year 2020. According to Forbes, a US State Department spokesperson confirmed that there were at least 473,000 immigrant visa applicants still awaiting an interview. The American Immigration Lawyer’s Association’s Director of Federal Litigation, Jesse Bless, aptly characterized the bans as “a preventable tragedy that has kept fathers and mothers from children, spouse from spouse, and exacerbated the stress and anxiety over the last year for many families.”

Along with revoking the proclamations, President Biden’s proclamation directs that the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security must review any regulations, orders, guidance documents, policies, etc. developed because of Proclamation 10014 and that these agencies must issue revised guidance consistent with Biden’s revocation of the proclamations. Covid-19 continues to affect U.S. visa processing at consulates and embassies all over the world. The Biden administration is working to prioritize keeping families together, growing the economy, and ensuring that the U.S. remains a refuge for those fleeing persecution and working to realize their dreams. President Biden’s most recent Presidential Proclamation is one of many that have come under the new administration’s commitment to “restore humanity and American values to our immigration system.”

If you need assistance or advisement regarding an immigration matter that will be affected by this new proclamation, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.