Trump seems likely to win travel ban case at Supreme Court
Legal Compliance
President Donald Trump appears likely to win his travel ban case at the Supreme Court.
Chief Justice John Roberts and Justice Anthony Kennedy both signaled support for the travel policy in arguments Wednesday at the high court. The ban's challengers almost certainly need one of those two justices if the court is to strike down the ban on travelers from several mostly Muslim countries.
The travel ban case is the court's first comprehensive look at a Trump policy - one of considerable importance to the president and highly controversial since it was first rolled out a week after Trump took office.
Justice Sonia Sotomayor was the most aggressive questioner of Solicitor General Noel Francisco in his defense of the Trump policy, and the three other liberal justices also raised questions about it.
The justices voted in December to allow the policy to take full effect pending their full consideration. Wednesday was the first time they took it up in open court.
The Trump administration is asking the court to reverse lower court rulings that would strike down the ban.
The Supreme Court is considering whether the president can indefinitely keep people out of the country based on nationality. It is also looking at whether the policy is aimed at excluding Muslims from the United States. A decision is expected by late June.
Kennedy challenged lawyer Neal Katyal, representing the policy's opponents, about whether the ban would be unending. He said the policy's call for a report every six months "indicates there'll be a reassessment" from time to time.
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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.