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DHS Fall 2019 Proposed Rulemaking Released

This week, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) for multiple current and on-going efforts. A full list of DHS proposed rules can be found here.

Some highlights include:

  • Establishing a maximum period of authorized stay for students expected 2/2020.
  • Denying work eligibility to dependent spouses of H-1Bs (H-4s) expected 3/2020.
  • Changes to the H-1B nonimmigrant visa classification program expected 12/2019.

SCOTUS Hears DACA Today

The Supreme Court of the United States (SCOTUS) will hear oral arguments for Department of Homeland Security v. Regents of the University of California (18-587). Consolidated with similar cases, the Court will hear arguments related to the Administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program. Considered one of the major cases of this term, the arguments before the justices will concern two key issues;

  1. Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and
  2. Whether DHS’s decision to wind down the DACA policy is lawful.

While the Court will hear arguments today, a decision is not expected until the Spring of 2020. To hear the oral arguments, SCOTUS posts the audio file each Friday following the arguments. The audio may be accessed here.

For a deep dive round up of how the case might be argued and rule, the SCOTUS blog has a round up here.

Federal Relations is monitoring the progress of the case and the federal responses on DACA closely and will continue to provide updates.

DACA Goes to the Supreme Court

Many higher education organizations, including APLU, filed an amicus brief in the US Supreme Court, supporting University of California in Regents of the University of California v Dept of Homeland Security. The University of California argues the repeal of DACA  has violated the rights of the University and its’ students. The Ninth Circuit Court of Appeals has already found the termination of DACA to be unlawful, however the Supreme Court has the final verdict. Universities around the country are concerned that without comprehensive immigration reform, repealing DACA will unduly harm hundreds of thousands of students who have made their home in the United States. UW continues to monitor the case, working closely with our nationwide colleagues.

You can read the full brief here.

UW President Cauce has been very vocal in support of DACA students, and you can find her updates here.

UW Joins Call for Congressional Action on DACA

On Friday, August 30th UW signed a letter, alongside nearly 600 other US higher education institutions, urging Congress to take swift, bipartisan action on DACA (Deferred Action for Childhood Arrivals). The letter was circulated by The American Council on Education and is addressed to leadership in both the House and Senate. DACA provides a two-year protection from deportation for undocumented persons who arrived in the United States as children. The program has been suspended since September 2017, leaving recipients in limbo. The letter reminds Congress that the suspension of DACA is contrary to American interests and hinders a safe, positive, and productive academic environment. UW will continue to watch this issue closely and advocate for the interests of Dreamers on our campuses.

A full text of the letter is available here.

White House to Unveil New Immigration Plan

In a speech later today at the White House, President Trump is expected unveil a new immigration plan, one that is expected to be opposed by those on the left and the right.  The biggest part of the proposal is a move to a “merit-based” immigration system, one that moves away from the family-based immigration system currently in place.

At the same time, the proposal does not address the issues around DACA and “Dreamers” nor does it call for an overall decrease in the number of immigrants coming to the country.

Read more about the expected announcement here and here.