Immigration Update

Jul 11, 2022 | Immigration Updates

In this edition, find the latest news on the termination of the ‘Remain in Mexico’ Policy, expanded eligibility for Deferred Enforced Departure for Liberians, the CBP announcing the end of using expired passports for U.S. Citizens, and more.

Supreme Court Allows Biden Administration to Terminate ‘Remain in Mexico’ Policy

On June 30, 2022, the Supreme Court held that the Biden administration could end the so-called “Remain in Mexico” policy, which required asylum seekers to wait in Mexico for their immigration hearings. The Court ruled that the Biden administration’s attempt to terminate it via a memorandum issued in October 2021 was a valid final agency action.

The Court reversed the judgment of the Court of Appeals and remanded the case for further proceedings consistent with its opinion. On remand, “the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the [Administrative Procedure Act,” the Court said.

Chief Justice Roberts delivered the opinion of the Court, in which Justices Breyer, Sotomayor, Kagan, and Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justices Alito, Barrett, Thomas, and Gorsuch dissented.

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White House Extends and Expands Eligibility for Deferred Enforced Departure for Liberians

The White House issued a memorandum deferring through June 30, 2024, the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of Deferred Enforced Departure (DED) as of June 30, 2022, as well as any Liberian national, or person without nationality who last habitually resided in Liberia, who has been continuously physically present in the United States since May 20, 2017. Also, any Liberian national, or person without nationality who last habitually resided in Liberia, who was under a grant of DED as of June 30, 2022, or who has been continuously physically present in the United States since May 20, 2017, will have continued employment authorization through June 30, 2024.

The memo directs the Secretary of Homeland Security to publish a notice in the Federal Register to grant work permits for Liberians who held appropriate DED-related employment authorization documents as of June 30, 2022, or those Liberian nationals who have been continuously present in the United States since May 20, 2017. The memo also directs the Secretary of Homeland Security to provide for “the prompt issuance of new or replacement employment authorization documents in appropriate cases.”

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  • Memorandum on Extending and Expanding Eligibility for Deferred Enforced Departure for Liberians, Presidential Action, June 27, 2022, https://bit.ly/3RaarA2

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CBP Ends Use of Expired U.S. Passports for Direct Return of U.S. Citizens to United States

As of July 1, 2022, U.S. citizens can no longer use their expired U.S. passports to return to the United States. U.S. citizens overseas with expired passports should contact their nearest U.S. embassy or consulate to apply for a passport. 

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CIS Ombudsman Submits 2022 Annual Report to Congress

On June 30, 2022, the Citizenship and Immigration Services (CIS) Ombudsman submitted its 2022 Annual Report to Congress. The report outlines “some of the most significant problems encountered by individuals and employers when seeking immigration benefits,” including backlogs, issues with employment authorization documents (EADs), expedite requests, and others. The report also provides recommendations for how U.S. Citizenship and Immigration Services (USCIS) can address these problems and improve its administrative processes.

Highlights include the “avalanche impact of backlogs,” the need for more flexibility in renewing employment authorization, accessibility to advance parole in a timely manner, access to the expedite process, ways to address the affirmative asylum backlog, barriers to obtaining proof of employment authorization for asylum applicants in removal proceedings, USCIS’s digital strategy, and the U nonimmigrant status “bona fide determination” process.

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USCIS IMMIGRATION FILING FEES INCREASE EFFECTIVE APRIL 1

CONDITIONAL EB-5 PERMANENT RESIDENTS WHO FILE FORM I-829 REMOVAL OF PETITIONS BEFORE APRIL 1, 2024, CAN SAVE $5,775 By Joey Barnett This final rule increasing the government filing fee is effective April 1, 2024. Any benefit request postmarked on or after this date must be accompanied by the new fees established by this final rule. https://public-inspection.federalregister.gov/2024-01427.pdf Three things to know for EB-5 immigrant investors and Regional Centers: The increase for Form I-829 petitions will be from $3,750 to $9,525. Avoid wasting another $5,775 if you file your removal of conditions before April 1, 2024, and during the 90-day filing window. 2. New I-526/I-526E Filing Fee is $11,160.  The increase for Form I-526 (direct) and Form I-526E (regional center) petitions will increase from $3,675 to $11,160. Avoid wasting $7,485 by filing before April 1, 2024. 3. New I-956 Filing Fee is $47,695.  The filing fee for Form I-956, Application for Regional Center Designation will increase from $17,795 to $47,695. Save $29,900 by filing for a new Regional Center Designation before April 1, 2024. To schedule a consultation with a WR Immigration attorney to discuss your EB-5 case, please schedule here!

Rapid-Fire Wednesdays Q&A | New USCIS Rule: Registration & Penalties | 4/16/2025

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates. By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What is the new registration requirement that went into effect on April 11th? Response: The registration requirement, based on the January 20th executive order titled Protecting the American People Against Invasion, requires certain foreign nationals to register via their USCIS online account. A lawsuit was filed to stop this rule through a temporary restraining order, but the judge did not grant it. As a result, the rule became effective April 11th. 🔥Question: Who needs to register under this new requirement? Response: The rule targets individuals who have not yet been registered. Those already registered—such as lawful permanent residents, I-94 recipients, EAD holders, and individuals in removal proceedings—do not need to take further action since they’ve already been registered and fingerprinted. On the other hand, those who must register include undocumented immigrants, some DACA and TPS applicants, and Canadian visitors entering through land borders intending to stay for 30 days or more. Most foreign national workers who already hold I-94s or EADs are exempt, even if their visas have […]