Hi everyone,

The way removal (deportation) proceedings work is that you get a document that charges you with immigration offenses and tells you to go court on a specific date. From there, you start what is sometimes a short and sometimes a very long process where ICE is represented by lawyers and you represent yourself, unless you get a lawyer to do that for you.

The government has to prove the charges against you, and if they don’t, the case is terminated and you get back to your life. If the government does prove the charges, then you get the chance to “seek relief” by identifying a defense that might allow you to stay regardless; you might be otherwise eligible to apply for a status based based on family, employment, or a humanitarian basis. It gets really complicated, but there is a process that basically works, just as in a criminal or in any other civil context.

However, this is a government that isn’t really keen on understanding laws, or following laws, or just laws; they really would just rather skip all that. Right now, if you try to follow orders by appearing for your court hearings, they might just decide to arrest you there instead: in the elevator, in the hallways, wherever. Here in New York, Miami, and all over the U.S.

The trick they’re getting the most mileage from is to get you to show and, once you’re there, suddenly decide that they changed their mind and do not want to pursue the charges, getting the case dismissed, depriving you of the opportunity to seek a defense and allowing them to just grab you, then move you around the country so that your family and lawyers can’t find you.

Or, if they don’t even want to bother with “changing their mind,” they might just deport you while the hearings continue, then ask the judge to end the case once they’ve dropped you off in a Salvadoran prison: regardless of whether you you are from El Salvador, or have anything to do with El Salvador. And no, this has nothing to do with convictions.

As a last resort, should the judge decide not to play along, ICE can merely decide that you’re a flight risk or public safety threat and take you into custody, which has the effect of scaring some from attending their hearing: which then results in removal order, allowing ICE to detain and deport you at any time, in any place. 

Apparently, current ICE staff is not executing this scheme fast enough. As we’ve mentioned, the National Guard has been recruited to the purpose, and the FBI is on their way as well.

We’re attaching a flyer here from the American Immigration Lawyers Association (AILA) to help you avoid this type of scenario. 

This week’s self-harm update:

The administration continues to do what it can to prevent pretty much anyone born abroad from subsidizing our schools with their money. We referenced earlier the announcement of a policy to halt processing of student visas at U.S. embassies so that they can review social media postings on “national security” and “foreign policy” grounds, and apparently cables to the embassies from the Department of State (DOS) have gone out to that effect.

Per AILA (DOS spelling errors included):

The cable directs consular officers to maintain “extra vigilance and to comprehensively review and screen every visa applicant for potential security and non-security related ineligibilities including to assess whether the applicant poses a threat to U.S. national security.” The cable singles out Harvard, stating that the purpose of the new vetting instructions is “to address the acute concerns of violence and anti-Semitism at Harvard University.” The cable states that it applies not only to students but any nonimmigrant visa applicant intending to travel to Harvard for any reason, including “prospective students, students, faculty, employees, contractors, guest speakersk [sic], and tourists.” It also states “implementation of this ALDAC [cable] will also serve as a pilot of expanded screening and vetting of visa applicants.  This pilot will be expanded over time.” (emphasis added).

Notably, the cable points out that “lack of any online presence” or making social media accounts private “may be reflective of evasiveness and call into question the applicant’s credibility.”  . . .  The cable also notes that any online presence should be reviewed, not just social media. Note that while this so-called “pilot” currently applies to Harvard-related visa applications, it may be expanded to other types/categories/universities/businesses.

And if you’re a Chinese student currently here on a valid student visa, they might just revoke it entirely, without anything to do with social media. 

For the employers:

E-Verify employers have been getting very vague emails from Homeland Security alleging that the employer may have a number of unauthorized workers, without providing much guidance by way of what the employer is supposed to verify this or what ot do about it. We encourage any employer receiving these to identify who their E-Verify administrator is and to reach out to immigration and/or employment counsel.

And USCIS is partnering with the the Social Security Administration to verify U.S. citizenship and immigration status by checking a social security number within the the Systematic Alien Verification for Entitlements (SAVE) program.

Also, fees going up. Again.

That’s it for the week. Thanks for reading, and let me know if there’s anything you’d like me to cover.

Matthew Blaisdell, Esq.

Sunset Immigration PLLC

219 36th Street, Ste 511

Brooklyn, NY 11232

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Hi everyone:

Last week we provided a fact sheet on student visa revocations, and DHS’ initiative to more closely vet students and travelers for their social media history.

Shortly after that newsletter, the Trump Administration attempted to revoke visas for Harvard’s international students based on the same antisemitism concerns,*** affecting over 7,000 students: 27% of Harvard’s enrollment. About 24 hours later, Harvard  filed a temporary restraining order (TRO) to halt the revocations nationwide. The TRO was granted very shortly thereafter and will stay in place while the case proceeds, with the next hearing scheduled for May 29.

The university’s lawsuit contends that the government’s actions are retaliatory, violating their First Amendment free speech Fifth Amendment due process rights. The court’s decision allows Harvard to continue enrolling international students while the case proceeds, with a follow-up hearing on the order scheduled for May 29. Updates from Harvard can be found here. The ACLU has filed challenges across the country on behalf of students, in addition to numerous other lawsuits filed by students. 

In addition to targeting Harvard’s ability to enroll international students, the administration has directed federal agencies to cancel around $100 million in contracts with the university, as well as suspending over $2.6 billion in federal research grants, all of which are also being challenged in litigation.

Turns out Germany is happy to take them, though. 

*** Legally, the action was a revocation of Harvard’s Student and Exchange Visitor (aka SEVIS) Program certification, which is administered by ICE. A revocation of a visa is a different action taken by either the U.S. Department of State or Customs and Border Protection. Practically speaking, however, the actions have the same result: terminating the person’s ability to enter into, or to remain in, the U.S. under the classification of academic student or exchange visitor.

Also: if you are in immigration court, don’t read this flyer, and keep an eye out for ICE; USCIS updated it’s guidance on employment documents for Venezuelans under TPS (ending TPS and work permits under the 2023 designation); and the administration can’t keep removing people to Sudan without finding out if they’re actually supposed to be removed. But the President would still like to hand out a few extra green cards: or rather, gold cards.

And stuff about me for the lawyers: we wrote about why we wrote about legal reform; my Lawline CLEs of H-1B alternatives and immigration pathways for students are live; and AI & Ethics will be presented live on Friday. 

That’s it for the week. Thanks for reading, and let me know if there’s anything you’d like me to cover.

MB

Matthew Blaisdell, Esq.

Sunset Immigration PLLC

219 36th Street, Ste 511

Brooklyn, NY 11232

Book appointment

Hi everyone,

This week’s post is enforcement-oriented, as that’s where the focus of the Trump Administration has been.

For those interested in visa availability for June, or the results of the diversity visa lottery, please scroll to the bottom.

Cheers!

If you really must be posting political stuff on social media . . .

“To protect Americans,” the Department of Homeland Security (specifically: USCIS, Customs and Border Protection, and ICE) is now looking at your social media activity for anything that “indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests.”

We’ve seen them interpret ‘antisemitism’ very broadly when going after international students—attempting to revoke student visas and green cards, grabbing them off the street to detain them and move them around the country, etc.––for offenses involving reposting a friend’s articles, sitting at a protest, walking in a protest, and writing opinion pieces in newspapers.

One might assume that they’ll be equally ambitious in denying applications and revoking visas at the border (including airports).

The USCIS release, with links to the executive orders, can be found here.

Venezuela & Afghanistan

The U.S. Supreme Court issued an order preventing the Trump Administration from using highly-expedited procedures under the Alien Enemies Act remove individuals (in this case, Venezuelans) while litigation over this use of the Act continues. The Administration may, of course, continue to use normal procedures to charge, arrest, detain, and initiate proceedings in Immigration Court, and eventually remove individual from Venezuela or anywhere else.

Afghanistan has been removed from the designation of Temporary Protected Status.

Work permits valid through November 20, 2023 or May 20, 2025, will be extended through July 14, 2025.

In other enforcement-related news

The National Guard may be coming to town, and ICE may be waiting for you at church, but birthright citizenship is not going anywhere.

Did you play the diversity lottery?

If you applied, check here for results. More about the program here and here.

Where you are in the line this month

If you are the beneficiary of a ‘preference petition’ for a green card, there is usually a wait, because there are a limited number of visas issued each year for each category and country—and when demand outstrips supply, there is a queue. (The new visas are all allocated at the start of the fiscal year on October 1st.)

There are no limits on the number of visas for immediate relatives of U.S. citizens––spouses, parents, or minor children––so a visa is always available. If this is you, you can ignore this conversation entirely. But for everyone else, the U.S. Department of State publishes a Visa Bulletin that tells you when you can file your application for a green card.

When the category and country are labeled as “current,” that means that a visa is available and the application can be filed. For those who will be applying for their green card at a U.S. embassy, they look at the chart to see whether there is a “C” in the box for their category & country. If not, they look at the date provided, and only if their petition was approved before that date will they be considered as current (and thus able to set up their appointment at the embassy).

However, for those in the U.S. who are eligible to apply for adjustment of status, there are instead two charts that determine when you’re able to file your applications:

1. Final Action Dates (Chart A): This tells you when USCIS or the consulate can actually approve your green card. This is the chart that will normally determine when you can file your application. 2. Dates for Filing (Chart B): When USCIS estimates that there are ‘extra’ visas available to they can submit the application ‘early’ according to the dates on this chart: even if the application can’t be approved yet.

Essentially, you check each month to see whether USCIS has determined that you must use Chart A or Chart B when applying for adjustment.

Per the June 2025 visa bulletin, if a family-based petition was filed for you, you will use the dates for filing chart. If it was an employment-based petition, you’ll use the final action dates chart.

In terms of progress, the line for most employment-based categories moved forward slightly, though most other categories largely stayed the same. July typically sees more movement as the agencies begin cycling through the remaining green card before the end of the fiscal year on September 30th. However, given the very high demand in several categories, it would not be surprising if most of the lines remain the same or actually get longer (“retrogress”).

One of these days we’ll write a proper introduction to using the visa bulletin, which is a great deal more complicated than I’ve explained. Until then, read CLINIC’s explainer here, and USCIS’ discussion of then June filing dates here.

For the lawyers

My colleague Michele Carney and I published an article in the AILA Law Journal on how states are changing their regulations about who can practice law, and how (also why, where, and anything you might want to know). This is Part 1; Part 2 will focus on the extent to which technological developments will significantly accelerate these developments.

For those looking for CLE credits, I have a few new courses on Lawline, including Alternatives to the H-1B Visa in 2025, next Tuesday my CLE Immigration Pathways from Studies to Employment will go live, and on May 30th I’ll present on AI and Ethics in Legal Practice. Looking for more ethics credits? My update to Walking the Line: Professionalism, Ethics, and Limits of Zealous Advocacy is also live. If there are any topics related to immigration or ethics you’d like me to cover, please let me know.

That’s it for the week. Thanks for reading!

MB

______________________

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
Book appointment

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