Court sets hearing on Trump administration's asylum policy
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A federal appeals court on Wednesday scheduled a hearing over whether to stop the Trump administration from forcing asylum seekers to wait in Mexico for their immigration court hearings.
The 9th U.S. Circuit Court of Appeals set a hearing for April 24 in San Francisco over whether a lower court ruling to block the policy should go into effect while the case proceeds.
U.S. District Judge Richard Seeborg ruled April 8 that the unprecedented policy violated U.S. law and should be halted because it failed to evaluate dangers migrants face in Mexico.
He issued an order to stop the policy, but gave the government time to appeal, which it did claiming the ruling was erroneous and would endanger the public.
A three-judge panel of the 9th Circuit issued a temporary stay last week — leaving the policy in place — and requested written arguments from the government and immigrant advocates before setting the hearing date, now set for next week.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.