MIAMI, FL / ACCESSWIRE / December 10, 2020 / In the recent weeks there have been a series of federal court decisions overruling illegal Executive Orders promulgated by the Trump Administration. Attorney Carlos E. Sandoval explains that these decisions are considered major victories for many immigrants whose legal stay in the United States depends on certain programs.
DACA UPDATE!
The latest and most exciting news came in for the Dreamers on Friday, December 4th when a Federal Judge ordered DHS to restore the Deferred Action for Childhood Arrivals program (DACA) to its original setting formerly implemented by President Obama, to publicly announce the order on its website by Monday December 7th, to resume accepting new first-time applicants, to issue 2-year renewals, and to accept advance parole requests.
Attorney Sandoval said, "This is fantastic news for DACA beneficiaries since the Trump Administration has continuously been pushing for a shutdown of the program in its entirety. Those dreamers who qualify to apply for the first time, and DACA holders who may need a renewal should promptly seek assistance to file their applications."
For more insight on this ruling, please visit: https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf
REGULATORY INFORMATION FOR H-1B AND INTERNATIONAL STUDENTS & SCHOLARS
On December 1st, 2020, the US District Court for the Northern District of California issued an injunction preventing the Trump Administration from enforcing the "Strengthening the H-1B Nonimmigrant Visa Classification Program Interim Final Rule" (IFR). The District Court found that the IFR that was "arbitrarily" published by DHS on October 8, 2020 because the agencies did not have just cause to promulgate the rules without notice. This order blocks both Department of Labor and Department of Homeland Security final rules from being enforced and implemented. These rules would have drastically increased the prevailing wages issued by the Department of Labor, and completely change the rules regarding how companies can sponsor key employees to meet their labor needs.
For details on the court's order and judgement, please visit: https://www.courtlistener.com/recap/gov.uscourts.cand.367484/gov.uscourts.cand.367484.74.0.pdf
PUBLIC CHARGE BLOCKED!
On Wednesday December 2, 2020, the Ninth Circuit Court of Appeals ruled against the Trump administration upholding preliminary injunctions against the public charge rule, deciding that the regulation was most likely not a reasonable interpretation of federal immigration law.
According to the court, DHS had "adopted the Rule, reversing prior, longstanding public policy, without adequately taking into account its potential adverse effects on the public fisc and the public welfare."
Even as the policy continues to be litigated, it has already spread fear and confusion throughout immigrant communities some of whom, even those entitled to receive public benefits, are avoiding public benefits like food stamps, housing subsidies, Medicaid, or the Children's Health Insurance Programs out of fear of undermining their chances of obtaining permanent residency status or losing their current legal status. For a summary of the appeal please visit: https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/02/19-17213.pdf.
"Our greatest hope is that President-elect Joe Biden has expressed his opposition to the policies implemented by Trump and plans to overturn them, even if this may take a while, as he has clearly indicated in an excerpt on his own site," said Attorney Sandoval.
For guidance on any of the above matters, please contact Carlos E. Sandoval, Attorney at Law at 954-306-6921.
About Carlos E. Sandoval, Attorney at Law
Carlos E. Sandoval is a member of the Florida Bar, the American Immigration Lawyers Association, the Broward County Hispanic Bar Association, and the Broward County Bar Association. Carlos, who speaks fluent English and Spanish, is licensed to practice law by the Florida Supreme Court and the Federal Court for the Southern and Central Districts of Florida. He focuses his practice in all areas of immigration, employment law and bankruptcy. For more information or a consultation, call (954) 306-6921, or visit http://www.carlosesandoval.com.
For media inquiries, please call the NALA at 805.650.6121, ext. 361.
SOURCE: Carlos E. Sandoval