Enhancing State and Local Involvement in Refugee Resettlement

President Document 

Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019/ President Document

Executive Order 13888 of September 26, 2019

Enhancing State and Local Involvement in Refugee Resettlement

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

” Section 1. Purpose. In resettling refugees into the American communities, it is the policy fo the United States to cooperate and consult with State and local government, to take into account the preferences of State governments, and to provide a pathway for refugees to become self-sufficient. These policies support each other. Close cooperation with State and local governments ensure that refugees are resettled in communities that are eager and equipped to support their successful integration into American society and the labor force.

The Federal Government consults with State and local governments not only to identify the best environments for refugees but also to be respectful of those communities that may not be able to accommodate refugee resettlement, State and local governments are best positioned to know the resources and capacities they may or may not have available to devote to sustainable resettlement, which maximizes the likelihood refugees places in the area will become self-sufficient and free from long-term dependence on public assistance. Some States and localities, however, have viewed existing consultation as insufficient, and there is a need for closer coordination and a more clearly defined role for State and local governments in the refugee resettlement process. My Administration seeks to enhance these consultations.

Section 6(d) of Executive Order 13780 of March 6, 2017 (Protecting the Nation from Foreign Terrorist Entry into the United States), directed the Secretary of the State to determine the extent to which, consistent with applicable law, State and local jurisdictions could have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and to advise a proposal to promote such involvement.

I have consulted with the Secretary of State and determined that, with limited exceptions, the Federal Government, as an exercise of its broad discretion concerning  refugee placement accorded to it by the Constitution and the Immigration and Nationality Act, should resettled only in those jurisdictions in which both State and local governments have consented to receive refugees under the Department of State’s Reception and Placement Program (Program)….”

District Court Enjoins ICE from Issuing Detainers Based on Error-Filled Databases

The U.S. District Court for the Central District of California issued a permanent injunction enjoining ICE from issuing detainers to state and local law enforcement agencies in states where there is no explicit state statute authorizing civil immigration arrests on detainers, and also enjoining ICE from issuing detainers based solely on database searches that rely upon information from sources that lack sufficient indicia of reliability for a probable cause determination for removal. (Gonzalez, et al. v. ICE, et al., 9/27/19).

 

 

J-1 Immigrant Visa for Physician

The U.S. immigration system has been in need of reform on a variety of fronts—from the challenges facing those in the country without documentation to the need for fairer asylum laws, to often-inefficient processing of employment-based immigration benefits—and is crying out for common-sense solutions. Sadly, no immigration legislation has passed both houses of Congress since 2005, and the outcome of the 2016 presidential and congressional elections has exacerbated an already taxed system.

For physicians, several new government policies—both proposed and already implemented—can cause serious consequences and derail genuine attempts to immigrate lawfully to the United States. Because these changes largely are policy-based—i.e., the government decided to apply the law differently than it had before, and were not created by regulation or legislation—they have escaped close public scrutiny leaving many affected individuals unaware of them or at least unaware of their possible impact.

The government’s policy changes largely are justified as implementing the Buy American, Hire American (BAHA) Executive Order, which President Donald Trump signed on April 18, 2017. BAHA directs all federal agencies that deal with immigration matters to review all immigration-related policies and regulations and to consider the effect of those rules and policies on American workers.

Under the new policy, USCIS officers are mandated to issue an NTA when the denial of a petition or application leaves an individual without lawful status. USCIS has been implementing the new NTA memo in stages; so far, it applies only to applications that have been denied, such as I-539s and I-485s, but broader implementation is planned. In addition, USCIS says it will delay issuance of an NTA for enough time to allow an individual to move to reopen the denied case in case an error was made. But the bottom line is that the consequences of a denial are greater than ever.

The consequences of the NTA memo make the other policy memorandum from the summer of 2018 even harder to swallow. Past USCIS policy required officers to issue a request for evidence (RFE) or notice of intent to deny (NOID) before denying a petition or application in order to afford the petitioner and beneficiary an opportunity to cure whatever defect(s) the officer found.

As an immigration attorney, I remain ever vigilant in staying apprised of the government’s policy changes.