Welcome Back! 👋🏼

Dear Readers,

We’re excited to have you back with us at the NawLaw Report, where we keep you up to date on the latest immigration news and bring you updates and announcements from the firm. It’s been an eventful couple of weeks, so let’s catch you up!

Trump’s Immigration Crackdown is Expected to Start Day 1

Donald Trump’s immigration agenda for his first 100 days focuses on ramping up deportations and reversing Biden-era policies. His team plans to prioritize deporting individuals with criminal convictions and final removal orders but faces significant logistical challenges, such as limited detention capacity and staffing. The administration also aims to end parole programs for nationals from Cuba, Haiti, Nicaragua, and Venezuela and roll back Temporary Protected Status (TPS) protections, despite potential legal pushback. Trump intends to revoke the Mayorkas memo that limited deportations to individuals posing safety threats, thereby broadening ICE’s scope. His administration is likely to deactivate the CBP One app, which facilitates asylum appointments, and aggressively pressure countries to accept repatriated migrants using visa sanctions. Additionally, Trump plans to reinstate the Remain in Mexico policy, though this requires renewed agreements with Mexico. Through these initiatives, Trump seeks a decisive overhaul of U.S. immigration enforcement, despite anticipated legal and operational hurdles.

USCIS to Start Conducting Interviews for Select VAWA Petitioners

On November 11, 2024, USCIS announced upcoming changes to the Violence Against Women Act (VAWA) program, focusing on interviews for certain self-petitioners. Starting in December 2024, USCIS will conduct interviews for select VAWA self-petitioners with both an I-360 and I-485 pending, although not all will be interviewed. The decision to implement interviews comes in response to increased VAWA filings and criminal investigations into related fraud. USCIS believes these interviews will enhance program integrity by detecting fraud and ensuring eligibility. Interview notices will be sent to the self-petitioner's safe address and legal representatives, and interviews will be held at the relevant USCIS Field Office. Failure to attend the interview could result in petition denial, though USCIS will take a trauma-informed approach during interviews to ensure a victim-centered process.

‘Shock and Awe’: What ‘Border Czar’ Tom Homan Says He Plans to do Starting on Day 1

The incoming Trump administration, led by Tom Homan's immigration vision, plans to prioritize aggressive measures such as mass deportations, ending "catch and release," and completing the border wall. Homan has promised to execute the largest deportation operation in U.S. history, focusing on individuals with criminal records or existing removal orders, contingent on expanded congressional funding for detention resources. Birthright citizenship may be targeted through an executive order, a move expected to spark significant legal challenges. Family separations could be reconsidered, though Homan suggests detaining families together as an alternative. Enhanced employer enforcement and mandatory E-Verify aim to reduce the incentive for undocumented migration while expanding legal pathways for temporary workers. These proposals reflect a dramatic escalation of Trump’s first-term policies, likely to draw strong resistance from political opponents and advocacy groups.

Maryland Advocates, Immigration Lawyers Rush to File Cases Before Trump is Sworn In

Immigration attorneys and advocates in Maryland are bracing for an anticipated crackdown under President-elect Donald Trump’s return to the White House, prompting a surge in legal activity to protect undocumented residents and those under programs like DACA and TPS. Maricé Morales, an immigration attorney, describes a significant increase in demand as immigrants seek to solidify their legal standing, reflecting widespread fear and uncertainty. CASA, a local advocacy group, is leading educational efforts like "Know Your Rights" campaigns to prepare vulnerable communities for potential enforcement actions. Experts warn that programs safeguarding Dreamers and those with Temporary Protected Status are at risk of being dismantled, amplifying anxiety. Advocates recommend legal consultations to explore pathways to more permanent status and to develop emergency plans, as Maryland’s more immigrant-friendly policies may not shield individuals from federal actions. With over 57,000 pending immigration cases in the state, the courts are seen as a critical line of defense against deportations.

How Democrats are Planning to Fight Trump’s Mass Deportation Plan

Immigration advocacy groups and Democratic leaders are mobilizing to challenge Donald Trump’s aggressive immigration policies, which include mass deportations and expanded bans on individuals from majority-Muslim countries. Trump has vowed to declare a national emergency and use military assets for deportations, prompting attorneys general like California’s Rob Bonta to pre-draft lawsuits targeting his proposals, including those on birthright citizenship, Deferred Action for Childhood Arrivals (DACA), and sanctuary cities. Sanctuary states and cities are bracing for confrontations, with officials committed to defending immigrant communities against federal overreach. Advocates anticipate a more organized Trump administration this time, with officials like border czar Tom Homan pushing for expedited deportation measures and stricter policies. Groups such as the ACLU are preparing preemptive legal challenges, particularly against potential military use under the Alien and Sedition Acts of 1798 for deportations. Reflecting on the legal successes during Trump’s first term, organizations and Democratic state attorneys general are strategizing collaboratively to blunt the anticipated policies. Despite these preparations, advocates acknowledge that Trump’s team has spent years refining its approach, setting the stage for intensified legal and political battles.

U.S. Jobs: Top 10 Companies Sponsoring H-1B Visas in 2024

A recent analysis of USCIS data reveals a significant decline in H-1B visa sponsorships by major US companies in 2024. While Indians continue to dominate the H-1B visa holder pool, there is a noticeable shift as leading tech firms reduce their reliance on the program. The H-1B visa allows US companies to hire foreign workers in specialized roles, and has historically been a key route for skilled immigrants, particularly from India. However, in 2024, companies are increasingly focusing on domestic talent or alternative hiring strategies. Amazon, the largest sponsor, saw a decrease in approvals from over 11,000 in 2023 to just over 7,000 in 2024. Indian IT firms Infosys and Tata Consultancy Services also experienced significant reductions in their H-1B sponsorships.

Client Q&A

Q: “I have been closely following news on the US political front, and I won’t lie, I’m a bit nervous on the immigration changes that appear to be on the horizon. I am sure there are questions on your front and on your other clients’ minds, too. Keeping them in mind, is there anything I should be worried or aware about? Anything from any impacts on the EB-NIW processing to the actual green card process?” - An O-1B journalist from Pakistan who intends to apply for an EB-1 (“extraordinary ability”) green card

A: Based on our previous experience with the previous Trump administration, we did not observe a higher level of scrutiny in connection with O-1 visas or EB-1 (“extraordinary ability”) and National Interest Waiver (“NIW”) green card applications. However, the Trump administration did ask all green card applicants to appear for final interviews –. In contrast, this policy ceased during the Covid time and was not reinstituted by the Biden administration.

Q: “With all the changes being made, will any of them affect my relative’s approval?” - Clients from everywhere

A: We expect the incoming Trump administration to create extra vetting of applicants and longer processing times, including interviews for spousal adjustment applications as well as those being sponsored by their employers.

Q: “I am reaching out because I would like to speak with you regarding recent changes and updates in immigration policies under the current incoming administration. With so much uncertainty, I am feeling quite anxious, and I believe your guidance could help me understand my options and determine steps I can take to protect myself.” - A client from Guyana currently on DACA

A: At this time, we don’t know what will happen to the 800,000 DACA recipients with the incoming Trump administration. During Trump’s first administration, DACA was declared to be illegal, and he tried to end the program. However, the U.S. Supreme Court blocked the administration’s action.

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