Trump's restrictions on foreign workers will negatively impact Copper Mountain Resort

Dear OHG Friends,

There's breaking immigration policy news that may have a substantial impact on Copper's operations next season. President Trump yesterday issued an executive order which suspends temporary work visas for hundreds of thousands of foreigners. The order extends a freeze put in place in April, and now applies through the end of the calendar year, but may be extended.

Many of Copper's seasonal workers--forming the backbone of labor that enables our skiing joy--ordinarily come from Central and South America. They've shouldered much of the work in food service, lift operations, transportation, housekeeping, maintenance, rental/retail, and other areas. Many of them have come on H-1B or J-1 visas, which, with rare exceptions, appear to be prohibited by this order..

There's a provision in the order to allowing an exception for "any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."

Here are two articles summarizing the order and giving context:

And here's the order, itself:

DACA

On June 18, 2020 the U.S. Supreme Court sided with DACA recipients ruling that the way in which the Trump administration rescinded the DACA program in 2017 was unlawful. The decision is a huge victory for immigrant communities and their allies who mobilized to protect the DACA program.

Although the Court sided with DACA recipients, it is important to remember that the Trump administration can again try to end the program through an executive action. While only Congress can take action to create a permanent solution for DACA recipients through federal legislation, we must also continue demanding that state and local officials protect our communities from immigration enforcement. It is time for a permanent legislative solution for DACA recipients, TPS holders, and all other immigrants at risk of deportation.

WHAT DID THE COURT DECIDE?

The Court ruled in favor of the DACA program, rejecting the Trump administration’s 2017 attempt to terminate the program. This decision restores the program completely, and both initial and renewal applications should be accepted by USCIS.

WHAT DOES THIS MEAN FOR THE COMMUNITY?

  • Current DACA recipients continue to be protected from deportation and eligible for benefits under the DACA program, like work authorization.
  • Eligible DACA recipients can continue to apply to renew their DACA for two more years.
  • Eligible individuals who never had DACA should be able to apply at this time.
  • All eligible individuals should consult with a legal service provider for information about applying for DACA for the first time, renewing their existing DACA, and/or getting screened for eligibility for other, more permanent immigration options.
  • It is possible Advance Parole may again allow DACA recipients to travel outside the United States and return. However, details of this possibility are still unclear, and the potential impact of the COVID-19 pandemic may limit the ability to travel. Check with a legal service provider for more information.

WHAT SHOULD THE COMMUNITY DO NOW?

Connect with a legal service provider to apply for DACA for the first time, renew DACA cases, and explore options beyond DACA. Visit bit.ly/ianimmhelp to find a trusted legal service provider.
Continue to fight this administration’s anti-immigrant agenda by advocating for a permanent legislative solution for DACA recipients and all other immigrant communities at risk of deportation.

Article from:  www.ILRC.org

USCIS Moves To Hike Immigration Application Fees

U.S. Citizenship and Immigration Services sent its plans to hike immigration application fees and charge for asylum requests to the White House on Wednesday, paving the way for the higher fees to soon take effect during the COVID-19 pandemic.

U.S. Citizenship and Immigration Services (USCIS) will reopen some domestic offices to resume non-emergency services on June 4, 2020. USCIS suspended routine in-person services on March 18, 2020, in response to the COVID-19 pandemic.

Previously scheduled appointments, interviews, and naturalization ceremonies that USCIS canceled will be automatically rescheduled. Individuals will receive a new appointment letter in the mail from USCIS that outlines new safety requirements in accordance with guidelines provided by the U.S. Centers for Disease Control and Prevention. USCIS has announced that offices will offer a reduced number of appointments and interviews to help ensure social distancing, allow time for cleaning, and reduce waiting room occupancy.

USCIS released more information regarding individual offices on its website.

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USCIS Policy update in response to the COVID-19 pandemic

On May 1, 2020, U.S. Citizenship and Immigration Services (USCIS) announced a policy update regarding assisting applicants and petitioners in response to the COVID-19 pandemic. According to the press release, USCIS is extending the deadline to respond to certain agency requests. The extended deadline for responding is now 60 calendar days from the original due date set forth in the request or notice. This extension covers the following types of requests issued between May 2, 2020 and July 1, 2020:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This is the second extension announced by USCIS in response to the COVID-19 pandemic. The previous extension applied to notices issued between March 1, 2020, and May 1, 2020.

USCIS Updates Policy on False Claims of U.S. Citizenship

 Updates Align with Board of Immigration Appeals Decision and Statute

U.S. Citizenship and Immigration Services today announced it is updating its Policy Manual to align with the Department of Justice’s Board of Immigration Appeals’ (BIA) precedent decision in Matter of Zhang. Decided in June 2019, the BIA held in this decision that false claims of U.S. citizenship do not need to be knowingly made to make an alien deportable under the Immigration and Nationality Act (INA). The Policy Manual also applies the BIA’s decision to the false claim to U.S. citizenship ground of inadmissibility, as it is virtually identical to the ground of deportability.

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White House Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

White House, Apr. 22, 2020

The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), I declared that the COVID–19 outbreak in the United States constituted a national emergency, beginning March 1, 2020. Since then, the American people have united behind a policy of mitigation strategies, including social distancing, to flatten the curve of infections and reduce the spread of SARS–CoV–2, the virus that causes COVID-19. This needed behavioral shift has taken a toll on the United States economy, with national unemployment claims reaching historic levels. In the days between the national emergency declaration and April 11, 2020, more than 22 million Americans have filed for unemployment.

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Proclamation—Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

On January 31, 2020, I issued Proclamation 9984 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk). I found that the potential for widespread transmission of a novel (new) coronavirus (which has since been renamed “SARS-CoV-2” and causes the disease COVID-19) (“SARS-CoV-2” or “the virus”) by infected individuals seeking to enter the United States threatens the security of our transportation system and infrastructure and the national security. Because the outbreak of the virus was at the time centered in the People’s Republic of China, I suspended and limited the entry of all aliens who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions. On February 29, 2020, in recognition of the sustained person-to-person transmission of SARS-CoV-2 in the Islamic Republic of Iran, I issued Proclamation 9992 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), suspending and limiting the entry of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.

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New Higher Fees Are Coming For Immigration Forms

On November 14, 2019, the Trump administration published two proposed rules that will detrimentally impact individuals who are seeking to legally live and work in the United States. The first proposes to substantially heighten application and petition fees, resulting in an overall fee increase of 21% and shifting $207 million from U.S. Immigration and Citizenship Services (USCIS) to Immigration and Customs Enforcement (ICE). The 300+ page rule has only a 30-day comment period. The second proposed rule implicates the employment authorization process for asylum seekers, making it far lengthier and more difficult, and barring those who enter between ports of entry from obtaining work authorization altogether.

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Qualifying for a Green Card is Much Harder

Public Charge / PUBLIC CHARGE

In the summer of 2019, the Trump Administration's Department of Homeland Security posted new regulations that will make the legal process of qualifying for a green card much harder. As written, the rule would establish the creation of a “wealth test” and other legal barriers that discriminate against non-English speakers, their children, the elderly and people with serious illnesses

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Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper

August 7, 2019/0 Comments/in Blog /by Cora-Ann Pestaina

In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process. So maybe they wanted to make a point? Let’s discuss.

As background, an employer must conduct a good faith recruitment of the labor market in order to obtain labor certification for a foreign national employee. The PERM recruitment process, whether for a professional or a nonprofessional position, requires employers to place two Sunday advertisements in a newspaper of general circulation. As PERM practitioners, having read the regulations, how confident are we on advising employers regarding which newspaper to use for Sunday ads? Some New York practitioners say that they always advise employers to use the New York Times. Others say they’ve successfully used the Daily News but have felt scared each time. What about the New York Post? Over the years the question just keeps coming up. The Department of Labor (DOL) has not provided any specific guidance. One FAQ contains the following question and answer:

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New Trump rules could deny green cards to immigrants on public assistance

By MOLLY O’TOOLE, GIULIA MCDONNELL NIETO DEL RIO

AUG. 12, 2019 6:01 PM - LA TIMES

WASHINGTON — The Trump administration took one of its most aggressive steps yet on Monday to target legal immigration, publishing new rules that could deny green cards to immigrants who use Medicaid, food stamps, housing vouchers or other forms of public assistance, and potentially making it more difficult for some to get legal status in the U.S.

Federal law already requires those seeking green cards and legal status to prove they will not become a “public charge,” or a burden on the U.S. But the new rules, made public Monday, outline a broader range of programs that could disqualify them. Officers at U.S. Citizenship and Immigration Services will now weigh public assistance along with other factors such as education, household income and health to determine whether to grant legal status.

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Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase

Author: Jeffrey S. Chase, Aug. 11, 2019

In June 2018, the Attorney General issued his precedent decision in Matter of A-B-. The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers, immigration judges, the BIA, and the circuit courts. The decision also aimed to compel asylum officers to find those arriving at the southern border to lack the credible fear necessary for entry into the court system, allowing for their immediate deportation.

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