Court gives government a win in young immigrants' cases

Breaking Legal News

A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.

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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.

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