25 Apr 2017
This afternoon, a federal district judge in California issued an order that blocks President Trump from withholding federal funds from so-called “sanctuary cities” (i.e. municipalities that do not fully cooperate with immigration officials with regard to undocumented foreign nationals). President Trump had sought to stop the funding of sanctuary cities via an executive order he signed on January 25, 2017, as reported in the MurthyDotCom NewsFlash, Trump Signs Executive Orders Related to Border Wall and ‘Sanctuary Cities’ (25.Jan.2017). The preliminary injunction issued by the court today applies nationwide.
20 Apr 2017
Yesterday, an amicus brief was filed on behalf of 162 tech companies, including Google, Facebook, SpaceX, and Netflix, in opposition to President Trump’s March 6, 2017 executive order that was to impose a travel ban on citizens of six predominantly Muslim countries. Federal judges in Maryland, which is in the Fourth Circuit, and Hawaii, which is part of the Ninth Circuit, have blocked this travel ban from going into effect. The Trump Administration is appealing these court orders. This amicus brief urges the Fourth Circuit Court of Appeals to continue blocking the implementation of this travel ban.
19 Apr 2017
President Trump has announced his intentions to nominate Lee Francis Cissna to serve as the new Director of the United States Citizenship and Immigration Services (USCIS). Mr. Cissna currently serves as the Director of Immigration Policy for the Office of Policy at the U.S. Department of Homeland Security (DHS). Assuming he is confirmed by the U.S. Senate, Mr. Cissna will replace the current Acting Director of the USCIS, James McCament. Read more.
18 Apr 2017
As expected, President Trump signed an executive order (EO) entitled Buy American and Hire American. The ‘hire American’ section of the EO has no direct impact on existing immigration laws. Rather, it directs various executive agencies to “propose new rules and issue new guidance … to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.” The EO further calls for the agency officials to “suggest reforms to help ensure that H1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”
18 Apr 2017
President Trump is expected to sign an executive order (EO) today that is being dubbed the “buy American, hire American” order. The ‘hire American’ portion of the EO aims to reign in the hiring of foreign national workers, especially via the H1B program. The EO will push executive agencies, such as the U.S. Department of Labor, the U.S. Department of Homeland Security (DHS), and the U.S. Department of State (DOS), to seek out ways to stop supposed “abuses” of the H1B program. So, while the EO will not directly make changes to the H1B program, it does pave the way for changes to be made in the coming months.
10 Apr 2017
The U.S. Department of Homeland Security (DHS) has rejected a request by California’s Chief Justice that U.S. Immigration and Customs Enforcement (ICE) officers be instructed to stop arresting undocumented immigrants at courthouses. Per a joint letter written by Attorney General Jeff Sessions and Secretary of Homeland Security John Kelly, cities and states that have so-called “sanctuary” policies – that is, policies that limit cooperation between city or state officials and federal immigration agents – are a driving factor as to why arrests at courthouses are necessary. Read more.
06 Apr 2017
Shortly after the U.S. Citizenship and Immigration Services (USCIS) announced plans for increased enforcement efforts against H1B employers, the U.S. Department of Labor (DOL) issued its own news release that summarizes how it will “protect U.S. workers from H1B program discrimination by providing greater transparency and oversight.” There are few specifics in the news release, but it clearly signals that, as with the USCIS, the DOL is going to be heavily focusing on enforcement efforts to “protect American workers from H1B program discrimination.” Read more.
06 Apr 2017
The U.S. Citizenship and Immigration Services (USCIS) issued a news release on April 3, 2017, announcing “multiple measures to further deter and detect H1B visa fraud and abuse.” Per the release, the USCIS will use new criteria to determine which H1B employers and worksites to target for site visits. A new web page and eMail address have also been established to make it easier for stakeholders to notify the USCIS of suspected H1B abuse and/or fraud. Read more.
04 Apr 2017
The U.S. Department of Homeland Security (DHS) is “actively reconsider[ing] whether to revise …” the regulation that allows certain H-4 spouses to apply for employment authorization documents (EADs). Read more.
30 Mar 2017
Late last night, the same federal judge in Hawaii who issued a temporary restraining order (TRO) that blocked the Trump Administration’s March 6, 2017 travel ban from taking effect, agreed to convert the TRO into a preliminary injunction. A preliminary injunction is similar to the TRO, but while a TRO typically must expire within a matter of days or weeks, a preliminary injunction can remain binding for an extended period of time. In practice, unless this ruling is reversed, the March 6th executive order likely will never go into effect.
30 Mar 2017
The Trump Administration has taken a hardline approach in regard to immigration enforcement. Reports of worksite raids, home visits, and public stops by U.S. Immigration and Customs Enforcement (ICE) agents have created anxiety for many in the immigrant community, even among those who are in the United States in lawful status. Immigrants are oftentimes unfamiliar with their legal rights under the U.S. Constitution, regardless of immigration status. To that end, the American Immigration Lawyers Association (AILA) has published a series of “Know Your Rights” pamphlets for lawyers to share valuable information to help educate immigrants on how to respond to ICE agents in various situations. These have been made available on MurthyDotCom. Read more.
23 Mar 2017
Earlier today, it was revealed that the U.S. Department of State (DOS) has issued several “cables” (i.e. memos) over the past two weeks related to the latest travel ban executive order (EO), which was signed by President Trump on March 6, 2017, but has yet to be implemented due to a court order. Read more.
21 Mar 2017
The Trump Administration has imposed a temporary electronics ban for all passengers, including U.S. citizens, taking direct flights to the United States from ten airports in eight Middle Eastern and African countries. This ban applies to electronic devices that are larger than a smart phone (e.g., laptops, tablets, digital cameras) to be taken on direct flights from Egypt, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, and the United Arab Emirates. This electronics ban is expected to last at least through Oct 14th.
15 Mar 2017
“The ruling puts a temporary nationwide halt to President Donald Trump’s second executive order restricting travel from certain majority-Muslim countries, hours before the measure was set to take effect at 12:01 a.m. Thursday,” writes, Alan Neuhauser, a staff writer at U.S. News & World Report. Read more.
15 Mar 2017
The U.S. Department of State (DOS) has posted answers to a number of frequently asked questions (FAQs) regarding the Trump Administration’s new travel ban, which is scheduled to go into effect on Thursday, March 16, 2017. This travel ban is based on an executive order (EO) signed by the President on March 6, 2017. Read more.
12 Mar 2017
Yesterday, Reporter Steve Gorman of Reuters filed this report: “A federal judge in Wisconsin dealt the first legal blow to President Donald Trump’s revised travel ban on Friday, barring enforcement of the policy to deny U.S. entry to the wife and child of a Syrian refugee already granted asylum in the United States.” Read more.
11 Mar 2017
According to the BBC, Seattle District Judge James Robert has declined to issue an emergency order banning President Donald Trump’s revised travel ban. Read more.
Updated 09 Mar 2017
The states of Washington, New York, and Oregon are all taking steps to join Hawaii in mounting a legal challenge to the upcoming travel ban.
Original Post from 08 Mar 2017
Late last night, attorneys representing the State of Hawaii took steps to challenge the new travel ban in court. Hawaii already has a pending lawsuit challenging the original travel ban created by executive over on January 27, 2017, and which since has been blocked from implementation by a federal court. Now, Hawaii is amending this existing lawsuit to also challenge the travel ban created by executive order on March 6th.
06 Mar 2017
Update: This order has been signed. The travel ban is set to go into effect March 16, 2017.
Later today, President Trump is expected to sign an executive order that will implement a new travel ban. Read more.
01 Mar 2017
Last night, in his first speech before a joint session of Congress, President Trump called on lawmakers to reform the U.S. immigration system. The President asserted that the “… current, outdated system depresses wages for our poorest workers, and puts great pressure on taxpayers.” He signaled support for “… a merit-based immigration system,” akin to what is used in countries like Canada and Australia. President Trump continued, “I believe that real and positive immigration reform is possible, as long as we focus on the following goals: to improve jobs and wages for Americans, to strengthen our nation’s security, and to restore respect for our laws.” Read more.
26 Feb 2017
Perhaps the most fundamental aspect of the structure of the U.S. government is discussed by Murthy Law Firm attorneys: the separation of powers. The discussion reflects on checks and balances and how the government is set up to ensure no one branch has too much power. The conversation also focuses on executive administrative agencies that administer the country’s immigration laws. Click here to hear the audio.
21 Feb 2017
Today, the U.S. Department of Homeland Security (DHS) posted question & answer pages on its website. One is on the memo implementing President Trump’s executive order related to border security, and another is on the memo related to the interior enforcement executive order.
20 Feb 2017
Senior administration officials told ABC News reporters Alexander Mallin and Katherine Faulders that a revised version of Trump’s executive order is again expected to contain language targeting seven largely Muslim countries. Read more.
20 Feb 2017
On Friday, two memos were signed by John Kelly, Secretary of the Department of Homeland Security (DHS) that detail how the DHS will be implementing President Trump’s executive orders related to border security and internal enforcement of immigration laws. Read more.
19 Feb 2017
According to CNN, the Department of Homeland Security (DHS) is set to release guidance on President Donald Trump’s immigration and border security executive orders that has sweeping implications for undocumented immigrants in the United States and those seeking to enter in the future. Read more.
17 Feb 2017
Many foreign nationals and U.S. citizens need to travel for their work and for personal reasons. Recent articles from the New York Times, What Are Your Rights if Border Agents Want to Search Your Phone? by Daniel Victor, and Popular Science, Border Patrol Can Search Your Cell Phone Whenever They Feel Like It, by Kendra Pierre-Louis, give travelers an idea of what they may encounter from the CBP with regard to their electronic devices.
16 Feb 2017
The Trump Administration filed a supplemental brief with the Ninth Circuit Court of Appeals today. Read more.
16 Feb 2017
Today, President Trump stated that he will be “issuing a new executive action next week that will comprehensively protect our country.” He further vowed to appeal the court decision that is currently blocking the travel ban he initiated via a January 27, 2017 executive order. As soon as new details emerge regarding the upcoming executive order or the ongoing court battle related to the prior executive order, the information will be shared on this page.
Regulations are the rules created by U.S. federal agencies. Murthy Law Firm attorneys discuss these, which are the main rules related to immigration law. Covered are the processes, procedures, and timelines for creating regulations. Click here to hear the audio.
Murthy Law Firm attorneys discuss the United States federal court system and its role in shaping the country’s immigration policy. The focus is the court’s important role in reviewing executive orders from the president that are challenged by lawsuit. Click here to hear the audio.
15 Feb 2017
We at the Murthy Law Firm have recently received a flurry of inquiries regarding a pending lawsuit challenging the legality of the H-4 EAD rule. More specifically, questions have been raised as to whether the Trump Administration is trying to end the H-4 EAD program via the pending lawsuit. Read more.
13 Feb 2017
This afternoon, John Kelly, the Secretary for the Department of Homeland Security (DHS), issued a statement regarding the recent immigration raids by U.S. Immigration and Customs Enforcement (ICE). Secretary Kelly notes that some 680 undocumented aliens have been arrested in these raids, 75 percent of whom were previously convicted of criminal conduct. The statement can be read in its entirety on the DHS WebSite.
13 Feb 2017
Last week, dozens of tech companies, including Apple, Google, and Facebook, signed on to an amicus brief filed with the Ninth Circuit Court of Appeals against the Trump Administration’s travel ban. This ‘friend of the court’ brief noted that more than 200 of the company’s on the Fortune 500 list were founded by immigrants. Read more.
12 Feb 2017
Still a topic of concern for many foreign nationals, Murthy Law Firm attorneys discuss how recent developments in domestic politics affect the ability of foreign nationals to travel internationally as well as domestically. Click here to hear the audio.
10 Feb 2017
This evening, the Trump Administration indicated that it does not currently plan on appealing yesterday’s decision by a federal appellate court that upheld the freeze on the travel ban implemented via executive order on January 27, 2017. However, President Trump also stated today that his Administration “…will be doing something very rapidly having to do with additional security for our country. You will be seeing that sometime next week.” No specifics were provided. As soon as any details are provided, the information will be posted on MurthyDotCom.
10 Feb 2017
President Trump’s most recent executive orders are the topic today. Murthy Law Firm attorneys explain what executive orders are, and how they differ from laws and regulations. They also explain executive powers, and the limits of those powers. Click here to hear the audio.
09 Feb 2017
This evening, the Ninth Circuit Court of Appeals upheld a lower court’s decision to temporarily prevent the government from enforcing a travel ban implemented via executive order on January 27, 2017. The travel ban has not been in effect since a federal district court granted a temporary restraining order (TRO) against it on February 3. The Trump administration now has the option of appealing this decision to the U.S. Supreme Court. For the time being, however, the TRO remains in place, meaning that the travel ban still cannot be enforced. More details on this executive order are available below.
09 Feb 2017
This evening, the Ninth Circuit Court of Appeals will rule on whether to maintain the temporary halt of the travel ban implemented by President Trump. This travel ban, which was put into effect on January 27, 2017 via executive order, is currently being blocked based on a lower court’s ruling. MurthyDotCom will provide an update as soon as the court releases its decision.
08 Feb 2017
The evening of February 7, 2017, a panel of three judges on the Ninth Circuit Court of Appeals listened to oral arguments regarding the travel ban implemented via executive order on January 27, 2017 that was subsequently blocked by a lower court. During the hearing, the judges seemed skeptical of the government’s argument that the ban should be reinstituted immediately. The court closed the proceedings by noting that it recognized the importance and time-sensitive nature of the matter, and indicated that it would issue a ruling “… as soon as possible.” MurthyDotCom is monitoring the situation, to update readers when further information is made available.
07 Feb 2017
Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.) are proposing legislation that would initially cut the number of legal immigrants to the United State by 40 percent, and, over the course of a decade, ultimately cut the annual allotment of available green cards by 50 percent. At this time, this is only a PROPOSED BILL. Read more.
06 Feb 2017
There has been a great deal of speculation about recent Executive Orders and their impact on the Interview Waiver Program. Our office has reached out the Department of State contacts and confirmed that consistent with § 222(h)(1)(B), consular sections are still waiving the interviews for renewal applicants whose previous visas in the same classification expired not more than 12 months prior, and who are applying in the country of usual residence. The more expansive parts of the Interview Waiver Program, which allowed applicants whose visas had expired up to 48 months prior to application and were based on the Secretary of State’s authority under the INA, have been terminated.
Currently, the consulates in India appear to still be using the Dropbox program and information on eligibility is available at www.ustraveldocs.com. Our office is continuing to monitor the situation and will post updates as they become available.
06 Feb 2017
On Tuesday afternoon, a three-judge panel on the Ninth Circuit Court of Appeals will hear oral arguments to determine whether the freeze on President Trump’s travel ban should remain or be lifted. The freeze was implemented by a district court on Friday, February 3, 2017. The judges will likely issue a decision within a few days of the hearing. MurthyDotCom will provide further updates as more information becomes available.
06 Feb 2017
As reported February 3, 2017, a federal court in Seattle issued a temporary halt nationwide to the travel ban that was implemented by President Trump via executive order on January 27, 2017. The U.S. Department of Justice (DOJ) is appealing this court order and is expected to submit additional legal briefs in support of the travel ban by 3:00 p.m. PST today to the Ninth Circuit Court of Appeals. The appellate court is expected to issue a ruling shortly thereafter, possibly as early as this evening. As soon as a ruling is released, an update will be posted on MurthyDotCom.
06 Feb 2017
At the Murthy Law Firm, we are receiving many questions that stem from confusion over proposed bills and whether they are enforceable. We point readers to this MurthyDotCom InfoArticle, for clarification. Read more.
05 Feb 2017
CNN reports,”A federal appeals court early Sunday morning denied the US government’s emergency request to resume President Donald Trump’s travel ban.” News story by Laura Jarrett, CNN. Read more.
04 Feb 2017
CNN reports,”The Justice Department on Saturday moved to appeal a decision that temporarily halted enforcement of President Donald Trump’s travel ban.” News story by Laura Jarrett, CNN. Read more.
04 Feb 2017
The Washington Post reports, “The State Department says previously banned travelers will be allowed to enter the United States after a federal judge in Washington state on Friday temporarily blocked enforcement of President Trump’s controversial immigration ban.” This is according to a breaking news story by Robert Barnes, Matt Zapotosky, and Anne Gearan. Read more.
04 Feb 2017
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it is continuing to adjudicate petitions and applications filed on behalf of foreign nationals from the seven “travel ban” countries. The full statement from the USCIS is available here.
03 Feb 2017
According to a CNN report, posted by reporters Laura Jarette, Eli Watkins, and Rene Marsh, the White House on Friday night said the Justice Department will challenge a judge’s nationwide halt of President Donald Trump’s immigration order. “At the earliest possible time, the Department of Justice intends to file an emergency stay of this outrageous order and defend the executive order of the President, which we believe is lawful and appropriate,” White House press secretary Sean Spicer said in a statement. Read more.
03 Feb 2017
According to new, UNCONFIRMED but reliable reports, USCIS will continue to adjudicate petitions and applications filed on behalf of foreign nationals from the seven “travel ban” countries. This includes applications for adjustment of status and petitions for immigrant and nonimmigrant visas. Adjudication will proceed for affected foreign nationals who are both inside and outside the United States, although travel authorization will not be granted while the January 27th Executive Order is in effect. This new information is contrary to earlier reports, which stated that the USCIS would not adjudicate cases for foreign nationals from countries affected by the Executive Order.
PLEASE NOTE: We will rebroadcast the teleconference at 6:00pm (Eastern Time, U.S.), provided there are no announcements from the Administration that outdate this information. Please use the login information provided below.
In response to the public, several attorneys from the Murthy Law Firm will address many of your questions and concerns in a teleconference broadcast. Space on the call is limited, but if the response is high, we will announce another, future airing. Copyright law prohibits recording or replaying / distributing this material wholly or in part.
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03.Feb.2017 at 6pm (Eastern Time, U.S.)
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02 Feb 2017
These are trying times in the world of U.S. immigration law. We at the Murthy Law Firm understand that many of you are worried about what the future may hold. Justifiably, as employees, you are concerned about your lives and your authorization to work in the United States. American employers of foreign nationals and foreign consulting companies that support U.S. business and industry are anxious about steps the Administration could take. Read more.
02 Feb 2017
India’s top technology CEOs are scheduled to meet with Trump representatives and lawmakers later this month, according to LiveMint.com, to discuss proposed changes to visa programs used to attract much-needed workers to Silicon Valley and beyond. The largest users of the H1B program are: Tata Consultancy, Infosys, Wipro, HCL Technologies, Tech Mahindra, and Mindtree, and it is anticipated that the delegation will be comprised of leaders from these industry giants. Read more.
02 Feb 2017
The U.S. Department of State (DOS) advised representatives of the American Immigration Lawyers Association (AILA) that there are no plans to add any more countries to the travel ban list. The travel ban, instituted on January 27, 2017 by executive order, presently applies to Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia. More information is available in the MurthyDotCom NewsBrief, Understanding the Current Administration & Immigration: FAQs (30.Jan.2017).
01 Feb 2017
President Trump has already signed several immigration-related executive orders, and it appears that more are on the way. One leaked proposed order, entitled Executive Order on Protecting Taxpayer Resources by Ensuring our Immigration Laws Promote Accountability and Responsibility, includes a number of provisions designed to crack down on legal and undocumented immigrants who use, or appear to be at risk of using, public benefits (e.g., food stamps). Read more.
01 Feb 2017
The U.S. Citizenship and Immigration Services (USCIS) has released a fact sheet related to the automatic extension of certain employment authorization documents (EADs) pursuant to the recently implemented regulation on high-skilled workers. Read more.
31 Jan 2017
The U.S. Customs and Border Protection (CBP) posted to its website updated information on President Trump’s January 27, 2017 executive order, which instituted a temporary travel ban on nationals from seven countries – Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia. Read more.
31 Jan 2017
At the time of this writing, this executive order is UNCONFIRMED and UNSIGNED, however, MurthyDotCom has deemed it prudent to provide readers with some insight into this (unconfirmed) draft version of this executive order, which is explained in question-and-answer format. Read more.
31 Jan 2017
Members of the MurthyForum continue their discussion of the President’s executive order. The forum is FREE to anyone who wishes to join. It is open to all who wish to read the conversation. Read more.
31 Jan 2017
The executive order issued by President Trump late last week put a travel ban on foreign nationals from certain countries, and alarmed countless others who are living and working in the United States. Last night, a senior attorney from the Murthy Law Firm fielded questions of concern to many. The transcript of that chat session is available for review. Read more.
Updated 30 Jan 2017; First Posted 26 Jan 2017
Since the election, inauguration, and executive orders of President Donald J. Trump, questions from concerned foreign nationals and U.S. employers have reached our firm. These are sample questions, answered by Murthy Law Firm attorneys. Read more.
28 Jan 2017
According to the Washington Post, a U.S. District Court Judge in Brooklyn, N.Y. granted an ACLU request to stay deportations of individuals detained upon entry into the United States following the executive order of President Trump. Minutes after the ruling in New York, a U.S. District Judge in Virginia issued a temporary restraining order that blocks removal of green card holders from Dulles International Airport for seven days. Read more.
28 Jan 2017
Around the world, travelers are changing their plans. Foreign students caught outside the U.S. for a vacation or family matter find they can’t return to their studies. Legal permanent residents (green card holders) are prevented from returning to their jobs from travel abroad. Not only refugees, but others who had been studying, living, and working in the United States are being upended by the President’s executive order, according to this New York Times report by Michael D. Shear and Nicholas Kulish. Read more.
28 Jan 2017
Following President Trump’s executive order placing restrictions on foreign nationals entering the U.S. from seven Muslim-majority countries, Google has recalled staff members traveling outside of the U.S., according to the BBC. The order puts a 90-day ban on entry by nationals from six additional countries, including Iraq and Iran. Syrian refugees are banned until further notice. Read more.
27 Jan 2017
Earlier this evening, President Trump signed an executive order that will provide, in his words, “new vetting measures to keep radical Islamic terrorists out of the United States of America.” MurthyDotCom is reviewing the order and will post more details shortly. [See Trump Signs New ‘Vetting Measures’ to Guard Against Terror, Associated Press, by Ken Thomas and Julie Pace 27.Jan.2017.]
27 Jan 2017
CNBC offers insights into President Trump’s recent discussion with Prime Minister Modi of India, which covered topics from the economy to defense. Readers may want to pay special attention to the section toward the end of the article by Seema Mody, “A Possible Area of Conflict?” Immigration and outsourcing. Read more.
25 Jan 2017
A full transcript and recording of the live interview of President Trump by ABC’s news anchor David Muir includes mention of his plan for the wall along the U.S. border with Mexico. Mr. Trump says he will be offering more details on DACA and other immigration matters in the coming weeks. You may use your browser tools to search for “DACA” or “immigration”. Read more.
25 Jan 2017
Earlier today, President Trump signed two immigration-related executive orders. The first calls for construction to begin on a border wall between the United States and Mexico. The second order serves to withhold federal funding from so-called “sanctuary cities.” Read more.
17 Nov 2016
Many immigrants and nonimmigrants are nervous about how the election of Donald J. Trump as the 45th President of the United States will impact their lives. This article sheds light on the steps that President Trump must take under the United States system of government. These could delay or indeed prevent him from implementing some or many of the policies he referred to while seeking election. Read more.