Supreme Court takes up case over quick deportations
Legal Compliance
The Supreme Court will review a lower court ruling in favor of a man seeking asylum and which the Trump administration says could further clog the U.S. immigration court system.
The justices said Friday they will hear the administration's appeal of a ruling by the federal appeals court in San Francisco that blocked the quick deportation of a man from Sri Lanka.
The high court's decision should come by early summer in the middle of the presidential campaign. It could have major implications for those seeking asylum and administration efforts to speed up deportations for many who enter the U.S. and claim they'll be harmed if they are sent home.
The court's intervention comes in the case of Vijayakumar Thuraissigiam. He is a member of the Tamil ethnic minority who says he was jailed and tortured for political activity during the civil war between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam.
He fled the country in 2016, after he was tortured again by intelligence officers, he said in court papers. He crossed the U.S.-Mexico border on Feb. 17, 2017 where he was arrested by a Border Patrol agent 25 yards into the U.S.
He requested asylum. But he did not pass his initial screening, a "credible fear" interview where he had to show a well-founded fear of persecution, torture or death if he were to return to his home country. Nearly 90 percent of all asylum seekers pass their initial interview, and then are generally released into the country where they await court proceedings.
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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.