ABIL Global Update • October 2021

/in /by

In this issue:

1. SELF-EMPLOYMENT VISAS: AN OVERVIEW – This article provides an overview of self-employment visas in Italy and Turkey.

2. HEADLINE – This article discusses recent developments in COVID-19-related border measures.

3. ITALY – The Italian government announced changes to the posted workers notification procedure.

4. RUSSIA – Air travel has resumed between Russia and numerous countries.

5. UNITED KINGDOM – The video call COVID-19 temporary adjusted right-to-work process had been due to end. However, the United Kingdom (UK) Home Office extended the process again to April 5, 2022.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. ABIL Member / Firm News – ABIL Member / Firm News

Download:

ABIL Global Immigration Update – October 2021

1. SELF-EMPLOYMENT VISAS: AN OVERVIEW

This article provides an overview of self-employment visas in Italy and Turkey.

Italy

The type and number of self-employment (Lavoro Autonomo) authorizations available to non-European Union (EU) nationals are set by means of the quota decree (decreto-flussi). Not all self-employment categories are available each year.

In general, to be eligible for self-employment, an applicant must:

  • Have suitable accommodation in Italy;
  • Have financial resources exceeding the minimum level set by the law for the exemption from a healthcare contribution (8,500 euros);
  • Obtain a Police Clearance (Nulla Osta) in Italy; and
  • Have certificates, documents, or attestations as required for the type of self-employment activity to be performed (applicants must meet the legal requirements for the performance of the activity in question, including, when required, the prerequisites for entering into professional registers).

Some categories of self-employment visas are issued outside of the quota decree (e.g., translators and interpreters, university professors, lecturers, managers in an intra-company framework).

Details:

Turkey

Those who wish to be self-employed in Turkey will not have a readily available visa category. Although there have been self-employed work permits historically for those who have had continual lawful residence in Turkey for several years, the Ministry of Labor no longer approves those applications. Also, although a Turquoise Card program was established and regulations promulgated that would allow for self-employment for several highly qualified individuals, this program has not yet been implemented.

Back to Top

2. CANADA

This article discusses recent developments in COVID-19-related border measures.

On September 3, 2021, the government of Canada confirmed that it will proceed with its plan to ease border measures for fully vaccinated foreign travelers entering Canada. Based on the latest available data, scientific evidence, and the epidemiological situation both in Canada and internationally, the government intends to bring a number of changes into effect.

As of September 7, 2021, all fully vaccinated foreign nationals are permitted to enter Canada for discretionary (non-essential) travel. On August 9, 2021, the government opened Canada’s borders to fully vaccinated U.S. citizens and permanent residents.

Below are questions and answers summarizing these developments:

What changed on September 7, 2021?

Fully vaccinated travelers, from any country, can now travel to Canada for discretionary (non-essential) purposes and will not be subject to a 14-day quarantine requirement.

To be considered fully vaccinated, travelers must have received two doses or a combination of the Pfizer, Moderna, or AstraZeneca/COVISHIELD vaccines, or a single dose of the Janssen (Johnson & Johnson) vaccine, at least 14 days before entering Canada.

What requirements are still in place?

For travelers who are not fully vaccinated, there are no changes to Canada’s current mandatory testing requirements, and such travelers still must complete a mandatory 14-day quarantine requirement, subject to limited exceptions.

Foreign nationals who are fully vaccinated continue to be required to have a negative pre-arrival COVID-19 molecular test result taken no more than 72 hours before the scheduled departure time of their last direct flight to Canada, or no more than 72 hours before their entry into Canada if arriving by land or water. Travelers who have already had COVID-19 and recovered can provide proof of a positive COVID-19 molecular test taken at least 14 and no more than 180 days before the initial scheduled departure time of their aircraft, or their entry into Canada by water or land. If arriving by air, they must provide proof of their test result to the airline before boarding their flight to Canada.

As has been the case since August 9, 2021, fully vaccinated travelers do not need to take a test on arrival unless they are randomly selected to complete a day-one COVID-19 molecular test. All travelers who are randomly selected for the border testing surveillance program must complete the mandatory arrival test; however, they do not need to quarantine while awaiting the result.

Fully vaccinated travelers must also be asymptomatic, have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original), and provide COVID-19-related information electronically through the ArriveCAN app before arrival in Canada. Travelers should ensure that they are using the updated version of ArriveCAN (available as of September 7, 2021) and that they include unvaccinated children under 18 years and dependent adults in their ArriveCAN submission.

They must still present a suitable quarantine plan, and be prepared to quarantine, in case it is determined at the border that they do not meet all of the conditions required to be exempt from quarantine. As with all other exempt travelers, they must follow public health measures in place, such as wearing a mask when in public and keeping a copy of their vaccine and test results, as well as a list of close contacts for 14 days after entry to Canada.

Details:

Back to Top

3. ITALY

The Italian government announced changes to the posted workers notification procedure.

Changes to the Posted Workers Notification Procedure

Decree 170/2021 defines the standards and rules for the electronic transmission of communications in relation to long-term posted workers in Italy (established by Decree 122/2020 pursuant to EU Directive 2018/957). Decree 170/2021 set out the procedure for posting an extension of a posted workers notification after 12 months as follows:

  • The “motivated notification” for a long-term posting must be communicated to the Ministry of Labour and Social Policies within 5 days of exceeding 12 months’ duration of the posting;
  • The posted worker communication is valid as a motivated notification in the event that the duration of more than 12 months is already predetermined at the beginning of the posting.

New postings: The new rules apply to any new posting starting from the date of entry into force of the Decree.**

Long-term ongoing postings: The notification must be made within 30 days from the date of entry into force of the Decree. The 12-month period is calculated starting from July 30, 2020.

Decree n. 122/2020 set forth that :

  • The maximum period of posting is reduced to 12 months, extendable to 18 months in case of motivated notification to the Ministry of Labour. After 12 months (or 18 months), the posted worker must be subject, if more favorable, to the working conditions of the host state, including social security rules;
  • When a posted worker is replaced by another worker performing the same tasks at the same place, the 12-month period (or 18-month) period must be calculated by adding up the posting period of each worker. Thus, it is not possible to avoid the rule at the previous point by just substituting a worker with another one for the same task/location.

Back to Top

4. RUSSIA

Air travel has resumed between Russia and numerous countries.

Foreign citizens entering the Russian Federation for the purpose of carrying out work activities must observe a self-isolation (quarantine) regime for 14 calendar days from the date of entry, regardless of the country of entry.

As of September 23, 2021, air travel was resumed with Iraq, Kenya, Slovakia, and Spain.

As of press time, air communications were open between Russia and following countries

 

United Kingdom

Tanzania (air communications suspended until November 1, 2021)

Turkey

Switzerland

Egypt

Maldives

United Arab Emirates

Republic of South Ossetia

Belarus

Kazakhstan

Kyrgyzstan

Republic Of Korea

Abkhazia

Cuba

Serbia

Japan

Seychelles

Ethiopia

Finland

Vietnam

India

Qatar

Greece

Singapore

Azerbaijan

Armenia

Germany

Venezuela

Syria

Tajikistan

Uzbekistan

Sri Lanka

Iceland

Malta

Mexico

Portugal

Saudi Arabia

Austria

Hungary

Lebanon

Luxembourg

Mauritius

Morocco

Croatia

Belgium

Bulgaria

Jordan

Ireland

Italy

Cyprus

China

Liechtenstein

North Macedonia

United States

Albania

France

Czech Republic

Bahrain

Dominican Republic

Moldova

Iraq

Spain

Kenya

Slovakia

Back to Top

5. UNITED KINGDOM

The video call COVID-19 temporary adjusted right-to-work process had been due to end. However, the United Kingdom (UK) Home Office extended the process again to April 5, 2022.

The adjusted process has been well-received by employers. The extra time will allow the UK Home Office to expand standard online right-to-work checks to all employees, meaning physical document checks will no longer be necessary. Currently, standard online right-to-work checks can be used for anyone with a Biometric Residence Permit or digital immigration status but not, for example, British or Irish citizens who do not need permission to work in the UK.

Late Applicants to the EU Settlement Scheme

The Home Office updated its employers’ guide to right-to-work checks. The main change concerns where an employer is recruiting someone who has applied late to the European Union (EU) Settlement Scheme after June 30, 2021. Two things need to be checked for right-to-work purposes before the employment can begin. First, employers must receive digital or non-digital confirmation from the Home Office that the application has been submitted (Certificate of Application). Second, employers must use the Employer Checking Service and receive a Positive Verification Notice confirming the person has the right to work.

Details:

Back to Top

6. New Publications and Items of Interest

Alliance of Business Immigration Lawyers: ·

The latest immigration news is at https://www.abil.com/news.cfm. ·

The latest published media releases include:

–   ABIL Members Note Immigration Threats for Employers in 2018: http://www.prweb.com/releases/2018/03/prweb15261255.htm

Back to Top

7. ABIL Member / Firm News

Todd Fowler and Guillermo Weiner of Foster LLP provided human resources (HR) professionals with an overview of the latest guidance regarding employees who telecommute and the PERM process in a webinar on September 15, 2021. HR professionals gained insight into the movement in the Department of State’s Visa Bulletin and what it meant for their employees, including potential options to “downgrade” an existing petition to speed up the employee’s ability to file for the last step in the green card process, as well as important updates affecting the validity of medical exams filed with the green card application. Jeff Joseph of Joseph & Hall PC, Charles Kuck (https://www.abil.com/lawyers/lawyers-kuck.cfm) of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC are representing nearly 200 green card applicants in Chakrabarti v. USCIS in the U.S. District Court for the District of Columbia. Regarding U.S. Citizenship and Immigration Services’ argument that the suit was a backdoor tactic to change the employment-based visa program, Mr. Kuck said, “This is not about changing the program. The program is obviously poorly run, but … our suit does nothing more than maintain the status quo.” https://www.law360.com/articles/1426002/feds-say-workers-green-card-suit-is-congress-problem (registration required)

Klasko Immigration Law Partners, LLP, has released a new client alert: “Starting in November: Travel Bans Are Out; Covid Vaccine and Testing Requirements Are In.”

Mr. Kuck, Jeff Joseph of Kuck Baxter Immigration Partners LLC, and Greg Siskind of Siskind Susser PC represented plaintiffs in a recent case, Kinsley v. Blinken, in which a U.S. district court judge issued a decision on October 5, 2021, prohibiting the use of travel bans as a reason not to process or issue visas. Mr. Siskind and Mr. Kuck were quoted by the Times of India in “Good News for H-1B Visa Holders Stranded in India.” Mr. Siskind said, “This is a pretty important win for us because [the lawsuit] was specifically aimed at killing the illegal interpretation across the board and not just for the plaintiffs. This will also hopefully bar a President in the future from abusing this power.” Mr. Kuck said, “We are grateful that Judge Boasberg saw through the cascade of baseless legal theories put forward by the Department of State to finally and affirmatively rule that it is a violation of federal law to refuse to issue visas solely because a President has proclaimed an entry ban under the Immigration and Nationality Act 212(f). We call on the Department of State to now do away with its ridiculous and legally unnecessary national interest exemption program and get back to the business of visa issuance around the world regardless of those entry bans.”

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Rapper 21 Savage Briefly Jailed on Drug, Weapons Charges in DeKalb.” Mr. Kuck is representing the Grammy Award-winning musician 21 Savage, whose real name is Shéyaa Bin Abraham-Joseph, in his ongoing immigration proceedings. Mr. Kuck said, “These manufactured charges are yet another example of how our justice system, from ICE down to the local level, unjustly targets young Black men who seek to exercise their rights,” he said in a statement. “There is no legitimate basis for these charges nor for ICE’s continued antics, and we will fight until Mr. Joseph is justly vindicated.” An immigration hearing is scheduled for November 1, 2021. “As a minor, his family overstayed their work visas, and he, like almost 2 million other children, was left without legal status through no fault of his own,” Mr. Kuck said. https://www.ajc.com/news/rapper-21-savage-briefly-jailed-on-drug-weapons-charges-in-dekalb/KFDU3VLNGNGR3HRNYYWTCUJ7YQ/ Mr. Kuck was quoted by the San Francisco Chronicle in “Indians Waiting for Green Cards Hoped That a Decades-Long Backlog Might End This Year. Instead, Thousands of Slots May Disappear.” In response to a statement that U.S. Citizenship and Immigration Services “is reviewing all policies, operational procedures and options under the law that would allow for available green cards to either be issued before the end of the fiscal year or carried over into FY 2022,” Mr. Kuck said that was not true. Commenting on the queue of applicants who are at risk of losing their chance for a green card, he said, “It’s a psychological nightmare for the people waiting in line. It’s like walking up to a kiosk and the guy in front of you gets his doughnut and coffee and you get up to the kiosk and they pull the shade down and wheel the cart away.” He said the situation is “an affront by the immigration agency to its customers that paid extraordinary amounts of money for a timely service that they are apparently incapable of providing. The cavalier manner [in which] the acting deputy director dismissed the [concerns] in federal court on this issue is shocking. … There appears to have been no effort made to prioritize the use of this maybe once-in-a-generation number of visas to dig into a pressing backlog.” https://www.sfchronicle.com/bayarea/article/Indians-waiting-for-green-cards-hoped-that-a-16491324.php#photo-21517475 (subscription required)

Mr. Kuck was quoted by the Atlanta Journal-Constitution in “Kemp’s Immigration Policy Could Complicate Bid for Second Term.” Mr. Kuck said Governor Brian Kemp of Georgia was in search of a “shiny object” to distract from former President Trump’s ongoing attacks targeting the governor. “This is a reelection stunt. If he’s going to the border, he’s searching for a solution that does not exist,” Mr. Kuck said

Mr. Kuck was quoted by Atlanta Magazine in “Freedom University Wasn’t Meant to Last This Long.” He said the Board of Regents of Freedom University is “not answerable to the state legislature” and can change policies if it chooses, at least for Deferred Action for Childhood Arrivals recipients. He blamed a lack of progress on “constant finger-pointing between the legislature and the regents. ” ‘It’s their fault. It’s their fault. It’s their fault.’ That’s what’s extraordinarily frustrating about this. Nobody wants to take responsibility for depriving these kids of an education.” https://www.atlantamagazine.com/great-reads/freedom-university-wasnt-meant-to-last-this-long/

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm?c=US) reported the following:·         Mr. Loughran discussed recent developments in immigration laws, policies, and procedures in the United States and how the 2020 elections affect immigration for the next four years in his presentation, “Immigration: What to Expect with the New Administration,” at the HR Houston Gulf Coast Symposium on August 3, 2021. https://hrhouston21.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=82·         Avalyn Langemeier and Alex Vickery presented “An Introduction to Various Immigration Documents and Their Use or Significance.” They discussed the different types of immigration-related documents an employee may have, their significance, and how an HR professional and employee might interact with or use the documents at different stages in the nonimmigrant (temporary worker) or permanent residence process. They also touched on documents commonly presented during the Form I-9 employment eligibility verification process and how those documents should be initially recorded and later reverified. This discussion was presented at HR Houston’s Gulf Coast Symposium on August 4, 2021. https://hrhouston21.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=82·         Helene Dang and Brenda Hicks addressed in their presentation, “Gaining Insight on Unspoken Nuances Regarding Immigration,” some common issues and educated HR professionals on certain nuances, such as government delays and practices, the role of and action items for the employer and employee, dual representation issues, and management of managers’ and employees’ expectations, including on timelines. This discussion was presented at HR Houston’s Gulf Coast Symposium on August 4, 2021. https://hrhouston21.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=128·         Charles Foster joined Houston Mayor Sylvester Turner; Lyndon B. Johnson’s daughters, Lynda Bird Robb and Luci Baines Johnson; and members of the Lyndon B. Johnson Advisory Board in the unveiling of the LBJ monument in Houston, TX on August 6th, 2021. Development for the monument was initiated by Charles Foster, who served with David B. Jones as co-chairman of the Lyndon B. Johnson Monument Advisory Board, raising all funds for the direct costs from private donors. Mr. Loughran said, “President Johnson regularly ranks as one of the greatest presidents based on his extraordinary legislative achievements, including the three seminal civil rights bills that after 100 years achieved full legal rights for all Americans. Also included in President Johnson’s extraordinary portfolio is the Immigration Act of 1965, which opened legal immigration from all nations equally, based upon family reunification and needed job skills in the United States.” https://www.houstontx.gov/mayor/press/2021/lbj-monument-dedication.html?fbclid=IwAR31S5w7hCmUVvtqPXEpOH_u0ayYBtKjyCs20GaOCRBGntaXqCOaIquEbpYCyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm), Sung-Min Baik, and Kaitlyn Box co-authored a new blog posting: “Recent Trends in Requests for Evidence on I-140 Petitions.” http://blog.cyrusmehta.com/2021/09/recent-trends-in-requests-for-evidence-on-i-140-petitions.html

Mr. Mehta was quoted by Forbes in “Immigrants Hope Registry Saves Immigration Bill.” Mr. Mehta said, “Registry would help a whole swath of people, and the only criteria would be that the individual entered the U.S. by a particular date and has resided continuously from that date in the U.S. They would be able to apply for adjustment of status, and the government can impose supplemental or super-fees that would generate revenues for the United States. The person must also demonstrate good moral character and certain criminal, smuggling, narcotics law violations and some other grounds of inadmissibility apply. Waivers that exist under the INA [Immigration and Nationality Act] for these grounds of inadmissibility would apply even for an adjustment application under registry. Unlike the prior immigration provisions that were rejected by the parliamentarian, there is no need to establish that you came into the U.S. before 18 or are an essential worker or have an approved I-130 or I-140 petition. A qualified applicant needs to show that he or she entered the U.S. prior to the cutoff date, which is January 1, 1972, under current law [INA Section 249] and has resided continuously since that date.” Regarding moving the registry date closer to the present, he said, “I completely agree that the date should move to January 1, 2021, so that the new provision can help as many people as possible who have been waiting to either regularize their status or to get a green card. The fees that can be collected for each adjustment application under Section 249 will generate billions of dollars in revenues to the Treasury [depending on the fee set]. There are no quotas or caps for green cards under registry.” He was not certain that the parliamentarian would approve changing the registry date in a reconciliation bill, as has been proposed. “It is difficult to say whether the parliamentarian will accept this alternate proposal. She ought to this time because the [INA] is not being substantively changed and no new categories are being created under which people may file adjustment of status applications. All that is happening is that the cutoff date will move from January 1, 1972, to a more recent date.” https://www.forbes.com/sites/stuartanderson/2021/09/22/immigrants-hope-registry-saves-immigration-bill/?sh=b6dff6ae3b17

Mr. Mehta was quoted in several other media outlets on the registry proposal:

Mr. Mehta provided his views to several media outlets on the immigration provisions of a bill in the House of Representatives to be added to the reconciliation measure. “If enacted, these immigration provisions will dramatically change the immigration system and will provide relief to millions of people,” Mr. Mehta said:·         “Dreamers and Legal Immigration Changes Highlight New House Bill,” Forbes, https://www.forbes.com/sites/stuartanderson/2021/09/13/dreamers-and-legal-immigration-changes-highlight-new-house-bill/?sh=546acd3b69a9 ·         “Bill: Payment of a Super-Fee Will Enable Indians Caught in Decades-Long Backlog to Get a Green Card,” Times of India, https://timesofindia.indiatimes.com/world/us/bill-payment-of-a-super-fee-will-enable-indians-caught-in-decades-long-backlog-to-get-a-green-card/articleshow/86139144.cms ·         “Landmark Proposal in Budget Reconciliation Bill Could Grant Green Cards Immediately to Thousands Stuck in Backlog,” India-West, https://www.indiawest.com/news/global_indian/landmark-proposal-in-budget-reconciliation-bill-could-grant-green-cards-immediately-to-thousands-stuck-in/article_666bc822-165d-11ec-b89b-17fa22700888.html ·         “New Provisions Could Ease Green Card Process for Indians,” Economic Times of India, https://economictimes.indiatimes.com/nri/migrate/new-provisions-could-ease-green-card-process-for-indians/articleshow/86160640.cms Mr. Mehta and Isabel Rajabzadeh co-authored a blog posting: “Long Live Matter of Housseinpour: Making the Case for Dual Intent in All Nonimmigrant Visas.” http://blog.cyrusmehta.com/2021/09/long-live-matter-of-housseinpour-making-the-case-for-dual-intent-in-all-nonimmigrant-visas.html Mr. Mehta and Kaitlyn Box co-authored a new blog post: “Reflections of Two Immigration Lawyers on the 20th Anniversary of the September 11 Attacks.” http://blog.cyrusmehta.com/2021/09/reflections-of-two-immigration-lawyers-on-the-20th-anniversary-of-the-september-11-attacks.html Wolfsdorf Rosenthal LLP has published several new blog posts: “Update on the EB-5 Regional Center Program,” “HR’s Crucial Role in Life Sciences IPOs,” “Tips for Travelers and Foreign Workers Seeking U.S. Visa Appointments,” “White House: All Foreign Nationals Flying to the U.S. Required to be Vaccinated – Some Regional COVID Travel Bans to be Waived,” “Family Reunited After Mandamus Lawsuit Against U.S. Consulate Proves Successful,” “Technology is Key for HR to Manage Fast Growth,” “U.S. Embassies & Consulates: September Update on Closures & Reopenings,” “California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody,” and “Creating a Path to Citizenship: Update on President Biden’s Legislative Proposal for Immigration Reform.” https://wolfsdorf.com/news/ Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by The World in “Biden Administration Takes Step to ‘Bullet Proof” DACA.” Mr. Yale-Loehr said about the proposed DACA rule, “It’s a well-crafted, well-thought-out proposed rule.” He said the rule is “another way to bulletproof the program from litigation.” https://www.pri.org/stories/2021-10-01/biden-administration-takes-step-bulletproof-daca Mr. Yale-Loehr co-authored a FAQ about the new proposed DACA rule. https://www.presidentsalliance.org/wp-content/uploads/2021/09/2021-09-28-The-Proposed-DACA-Regulation-What-You-Need-to-Know.pdf Mr. Yale-Loehr was quoted by more than 100 newspapers regarding the new proposed DACA rule, including the New York Times, Wall Street Journal, Associated Press, Reuters, The Guardian, and Inside Higher Ed. Examples include:·         “Biden Administration Moves to Protect Undocumented Young Adults,” New York Times. Mr. Yale-Loehr said the 205-page rule “basically is an effort to bulletproof the DACA program from litigation challenges. While Democrats will try to find other ways to provide a path to a green card for Dreamers, the proposed rule could be a temporary safety net for Dreamers if legislation fails.” https://www.nytimes.com/2021/09/27/us/politics/daca-biden.html

  • “Codifying and Fortifying DACA,” Inside Higher Ed. Mr. Yale-Loehr said that both the district court in Texas and the Supreme Court “raised concerns about the automatic work permit aspect of the original DACA program, so by separating the two I think the Department of Homeland Security thinks they will have a stronger litigation strategy.” Overall, he described the rule as “an effort to bulletproof the existing program from litigation challenges.” Still, even if this rule is finalized, he said it would not head off all potential legal challenges. “This may take care of the procedural problems that Judge Hanen identified in his July ruling, but there are still the substantive challenges that Texas and other states will press. For example, they are sure to argue that only Congress can enact such a wide-ranging program.” https://www.insidehighered.com/news/2021/09/28/biden-administration-proposes-rule-daca

Mr. Yale-Loehr is supervising a group of about 25 Cornell Law School students who have volunteered to help Afghans at risk. In addition to filing 11 humanitarian parole applications, there are another 40-some in the pipeline.

Mr. Yale-Loehr was quoted in several media outlets about migrant issues:·         “This Obscure, Now Contentious Law is Being Used to Expel Thousands of Migrants,” National Geographic. Commenting on temporary protected status for Haitians, Mr. Yale-Loehr said, “The problem is that it only protects people who were already in the United States. People who are entering now are not eligible for TPS.” He also said, “The United States has to realize that more people are on the move in the world than ever before. We’re never going to be able to shut off our borders.” https://www.nationalgeographic.com/history/article/this-obscure-now-contentious-law-is-being-used-to-expel-thousands-of-migrants ·         “U.S. Diplomat Resigns and Denounces ‘Inhumane’ Refugee Deportations,” Correio Braziliense. Mr. Yale-Loehr said, “The myriad migration situations, including Afghans and people trying to cross the U.S.-Mexico border, make it more difficult for President Biden to advance his legislative agenda on immigration. Given the criticism leveled at the government, rightly or wrongly, it is much more difficult to persuade Congress to legalize several million immigrants. The White House is stuck in a political dilemma. President Joe Biden inherited the migration crises largely unleashed by Donald Trump. There is no easy or quick solution to these problems.” https://www.correiobraziliense.com.br/mundo/2021/09/4951309-diplomata-dos-eua-se-demite-e-denuncia-deportacoes-desumanas-de-refugiados.html (in Portuguese with English translation available)

Mr. Yale-Loehr was quoted by the Ritz Herald in “Proposed DACA Rule Offers Stability, as Doors Close in Congress.” Mr. Yale-Loehr said, “The proposed rule becomes more important now that the Senate parliamentarian has ruled that legalization provisions for DACA recipients can’t be included in the budget reconciliation bill. While Democrats will try to find other ways to provide a path to a green card for Dreamers, the proposed rule could be a temporary safety net if legislation fails. In July, a federal district judge in Texas ruled that the DACA program, started in 2012 by then-President Obama through executive action, violated procedural rules. The new proposed rule would correct that problem. People will have a chance to comment on the proposed rule after it is published in the Federal Register. Thus, it will still take several months for the Biden administration to finalize the rule. And even after a final rule, conservative states could challenge the new regulation on the merits. Still, the proposed rule shows that the Biden administration is committed to continuing the DACA program.” https://ritzherald.com/proposed-daca-rule-offers-stability-as-doors-close-in-congress/

Mr. Yale-Loehr was quoted by Univision in “Immigrants March in Washington, DC, to Ask Congress for a Path to Citizenship.” Mr. Yale-Loehr said that the problem with a Democratic plan to include immigration provisions in the $3.5 trillion budget reconciliation package lies in the Senate, where “Democratic Senators Joe Manchin (West Virginia) and Kyrsten Sinema (Arizona) have already signaled that they are uncomfortable with the total $3.5 trillion dollar bill. In short, to be successful, Democrats must pass a very thick immigration thread through a very small legislative needle.” https://www.univision.com/noticias/inmigracion/inmigrantes-marchan-washington-pedir-gobierno-y-congreso-legalizacion-de-indocumentados (in Spanish with English translation available)

Mr. Yale-Loehr was quoted by Univision in “Immigration Ombudsman Advises Dreamers to Renew DACA Protection on Time.” Mr. Yale-Loehr said that a new proposed rule “is about to be published to help about 700,000 Dreamers. The proposed rule could be published any day. The new regulation could put the Deferred Action for Childhood Arrivals (DACA) program on a better legal basis.” He noted that “the rule to be proposed becomes more important now that the Senate’s top adviser (parliamentarian) has ruled that legalization provisions for DACA recipients cannot be included in the budget reconciliation bill. The new rule on the way could be a temporary safety net for Dreamers if the legislation fails.” https://www.univision.com/noticias/inmigracion/documentos-dreamers-uscis-daca (in Spanish with English translation available)

Mr. Yale-Loehr was quoted by the Washington Times in “Democrats Maneuver Behind the Scenes to Secure Amnesty Provisions in Biden’s $3.5T Spending Bill.” “In sum, to succeed, Democrats must thread a very thick immigration string through a very small legislative needle,” he said. https://m.washingtontimes.com/news/2021/sep/14/democrats-maneuver-behind-the-scenes-to-secure-amn/

Mr. Yale-Loehr was quoted by Radio Free Asia in “US Visa Extension to Offer 18-Month Work Permit to ‘Eligible’ Hongkongers.” Referring to President Biden’s memorandum issued August 5, 2021, allowing Deferred Enforced Departure (DED) for “certain Hong Kong residents,” along with the right to work for 18 months, Mr. Yale-Loehr said the move was a good first step but that more is needed: “There are many things that could be done to help Hongkongers in the U.S. First, the president can extend the initial 18-month period. Second, Congress can pass a law giving them the avenue to obtain green cards in the United States.” He added that a similar law was passed to aid Chinese students and former members of the 1989 pro-democracy movement at Beijing’s Tiananmen Square and elsewhere in China. https://www.rfa.org/english/news/china/visa-09032021124035.html

Mr. Yale-Loehr was quoted by Univision in “How the Terrorist Attacks of September 11, 2001 Brought Down Immigration Reform.” Mr. Yale-Loehr said, “In 2001 President George Bush seemed ready to push for comprehensive immigration reform in Congress. The 9/11 terrorist attacks changed all that. Suddenly, instead of thinking of immigrants in a positive light, Americans perceived them as threats to national security. For that reason, when Congress created DHS in 2003, it moved the immigration office to that new ministry. At some point the legislature will have to fix our broken immigration system. However, given the current political fractures, it is possible that this will not happen soon.” https://www.univision.com/noticias/inmigracion/9-11-atentados-reforma-migratoria (Spanish, with English translation available)

Mr. Yale-Loehr and a Cornell law student compiled a resource list for Afghans at risk, which includes links to many organizations that are assisting Afghans in a variety of ways. https://docs.google.com/document/d/14aHqVbqO2ivtqA8Wl05Lvb0IfaCR1TkN8CDPqLDjuEc/edit

Mr. Yale-Loehr was mentioned by Law360 in “Feds Want DACA Appeal Paused Until New Rule Is Finalized.” The publication noted that Mr. Yale-Loehr previously said the rule is likely to receive a substantial number of public comments and that it could be more than six months before a final rule is issued. https://www.law360.com/appellate/articles/1428343/feds-want-daca-appeal-paused-until-new-rule-is-finalized (registration required)

Back to Top

You might also like
ABIL Global Update • October 2022
ABIL Immigration Insider • May 5, 2024
ABIL Global Update • August 2021
ABIL Global Update • October 2019
ABIL Immigration Insider • May 1, 2022
ABIL Global Update • June 2021
ABIL Immigration Insider • May 2, 2021
ABIL Global Update • October 2024
ABIL Immigration Insider • September 5, 2021 ABIL Immigration Insider • October 3, 2021