Immigration law is at the forefront of public dialogue these days. Womble Bond Dickinson’s Immigration Solutions team helps employers navigate high-stakes, constantly shifting immigration challenges to avoid potential problems and secure the talent they need to make their companies thrive. The following newsletter, drafted by Womble Bond Dickinson Immigration Solutions attorneys, covers some of the recent and most important developments in immigration law.

6/28/2024    U.S. Department of Homeland Security (“DHS”) published a final rule, effective immediately, increasing the amount of certain civil penalties for inflation. Among the penalties affected are penalties for document fraud, penalties assessed by U.S. Immigration and Customs Enforcement (“ICE”) against employers for violations of the Immigration and Nationality Act (“INA”), and penalties assessed by U.S. Customs and Border Protection (“CBP”) for violations of the INA.

6/21/2024    The U.S. Supreme Court issued a decision in DOS et al., v. Munoz et al. finding a U.S. citizen does not have a fundamental liberty interest in their noncitizen spouse's admission into the country and, thus, is not constitutionally entitled to file action in court to have the denied visa reviewed.

6/18/2024    U.S. Department of State (“DOS”) announced it will issue guidance in the next 30 days regarding initiatives that will support President Biden’s announced action to facilitate employment-based nonimmigrant visas for those who have graduated from college in the U.S. and have a job offer.  This new initiative will allow eligible individuals to more quickly receive nonimmigrant work visas.  

6/18/2024    DHS announced it will establish a new process to fulfill President Biden’s recently announced action to promote family unity in the immigration system by offering certain noncitizen spouses of U.S. to apply for parole in place.

6/18/2024    President Bident announced two new actions.  The first is aimed at keeping families together, where certain noncitizen spouses of U.S. citizens can be considered for “parole” if they meet other conditions that include continuous physical presence in the U.S. for at least 10 years, have no disqualifying criminal convictions, do not pose a threat to national security and public safety, and are otherwise eligible to apply for adjustment of status to permanent residency.  The second is aimed at easing the visa process for U.S. college graduates, included those who have been granted DACA (“Deferred Action for Childhood Arrivals”).  

6/14/2024    The U.S. Supreme Court issued a decision in Campos-Chaves v. Garland finding a notice issued to a noncitizen to appear for a removal hearing in immigration court that lacks the time or place of the hearing is sufficient so long as the Government eventually provides each noncitizen with a notice of hearing that includes the required details.  In such cases, if the noncitizen thereafter fails to appear at the hearing, they can be ordered removed in absentia and are not able to seek rescission of the removal order on the basis of defective notice.

6/10/2024    ICE announced several changes to increase the overall capacity of enforcement resources, including repatriation flights and detention capacity. One change was closing the South Texas Family Residential Center in Dilley, Texas, which is the most expensive facility in the national detention network.

6/10/2024    U.S. Citizenship and Immigration Services (“USCIS”) determined that for July 2024, applicants in all family-sponsored preference categories must use the Dates for Filing chart and all employment-based preference categories must use the Final Action Dates chart.  

6/6/2024    USCIS issued guidance to clarify special immigrant juvenile (“SIJ”) petitioners who have less than two weeks before their 21st birthday may file Form I-360 in person at a USCIS field office, instead of filing by mail.

6/5/2024    DOS published the July 2024 Visa Bulletin.  There was retrogression in the EB-3 preference categories due to high demand, and the visa bulletin includes a note that continued high demand will likely make further retrogressions necessary, and could potentially make the EB-3 “unavailable” for the August 2024 Visa Bulletin.

6/4/2024    President Biden signed “A Proclamation on Securing the Border” jointly with the Biden Administration issuing an Interim Final Rule, “Securing the Border.” This new policy will effectively bar access to asylum for most people arriving between ports of entry when the volume arriving at the border reaches a certain level.

6/3/2024    USCIS published notice that, as of July 18, 2024, it is no longer providing paper copies of available USCIS forms by mail to the public through its “Forms by Mail” service. The agency stated that the program is ending because all USCIS forms and instructions are available on its website to download, print, and complete and many forms may be filed electronically.