Musings on Immigration

If you’re reading this, you may already know about the WashTech decision issued in August 2015 ( https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-43 ) and what it is about – an effort to prevent foreign students from being able to take advantage of the additional 17 month extension on their Optional Practical Training (“OPT”) if their field of study falls into the STEM category (science, technology, engineering, or math).   This extension was based on a rule issued by the Department of Homeland Security (“DHS”) in 2008 whereby it gave STEM students a maximum of 29 months of OPT after graduation.                 In summary, the Court invalidated DHS’ 2008 OPT rule based on a procedural flaw in their rulemaking – they failed to provide the public with notice and an opportunity to comment in advance of issuing the rule, to which DHS responded that it was necessary for the economy and to allow...

By:  Hiba Ghalib, Esq. Associate Attorney TPS (Temporary Protected Status) is a temporary immigration status available to foreign nationals present in the United States whose home countries are designated by the Department of State to be temporarily unsafe or extraordinarily dangerous.  On March 23, 2012, it was announced that Syria would join the list of nations currently designated TPS status.  During the period for which a country is designated, TPS beneficiaries from that country may not only remain in the United States lawfully, but they may also obtain work authorization. TPS differs from asylum because while it allows its beneficiaries to remain in the United States to avoid a forced return to their home country’s unsafe conditions, it is not a way to obtain permanent residency status in the United States. By its very nature, TPS is temporary. While the initial approval is generally for 18 months, the Department may designate a particular count...

Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS. Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: “Smart and Tough Enforcement of Immigration Laws – Ideas.” I invite everyone interested in immigration needs to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed “enforcement” whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.