Immigration Policy Tracking Project

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January 2021
1. January 12, 2021
  DHS issues delegation vesting authority in Secretary Wolf to act on final rules, regulations, and other matters
  - hsa/fvra
  Subject Matter: Enforcement Humanitarian
  
  Agency: DHS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
2. January 11, 2021
  DHS issues order designating the Order of Succession for DHS Secretary
  - hsa/fvra
  Subject Matter: Enforcement Humanitarian
  
  Agencies: USCIS DHS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
3. January 8, 2021
  DHS issues rule for wage-based H-1B cap selection process
  - hsa/fvra
  - Biden administration action
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Rule
4. January 4, 2021
  DHS waives laws, regulations to enable construction of barriers and roads in Imperial County
  - hsa/fvra
  Subject Matter: Border
  
  Agency: DHS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

December 2020
1. December 23, 2020
  EOIR and USCIS issue communicable-disease security bars to asylum and withholding eligibility
  - Biden administration action
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT
  
  Agencies: CBP USCIS DHS EOIR
  
  Status: Proposed
  
  Type of Action: Rule
2. December 17, 2020
  DHS and DOJ issue joint third country asylum final rule
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Border
  
  Agencies: CBP ICE USCIS EOIR
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule
3. December 11, 2020
  EOIR and DHS issue final rule significantly restricting asylum, withholding of removal, and CAT protections
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT
  
  Agencies: CBP USCIS EOIR
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule

November 2020
1. November 17, 2020
  DHS issues statement regarding HSA/FVRA challenges to Acting Secretary's authority
  - hsa/fvra
  Subject Matter: Enforcement Humanitarian
  
  Agencies: USCIS DHS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
2. November 13, 2020
  USCIS revises naturalization test, making civics portion more difficult
  - Biden administration revocation
  - hsa/fvra
  Subject Matter: Naturalization
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

October 2020
1. October 21, 2020
  EOIR and USCIS issue final rule expanding criminal bars to asylum and limiting review of discretionary denials of asylum
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Border Interior Hearings and Adjudications
  
  Agencies: CBP ICE USCIS EOIR Bureau of Population, Refugees, and Migration
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule
2. October 16, 2020
  DHS 'ratifies' prior actions by former Acting Secretary and USCIS Deputy Director
  - hsa/fvra
  Subject Matter: Naturalization Enforcement Humanitarian Non-Immigrant Visas Immigrant Visas
  
  Agency: DHS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
3. October 8, 2020
  DHS issues interim final rule narrowing H-1B criteria
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agencies: USCIS DOL
  
  Status: Final/Actual In Litigation Enjoined Renewed
  
  Type of Action: Rule
4. October 2, 2020
  USCIS proposes changes to affidavit of support requirements
  - Biden administration revocation
  - hsa/fvra
  Subject Matter: Immigrant Visas
  
  Agency: USCIS
  
  Status: Proposed
  
  Types of Action: Forms and Information Collection Rule

September 2020
1. September 23, 2020
  DHS 'ratifies' Acting Secretary's prior actions in response to GAO opinion
  - hsa/fvra
  Subject Matter: Enforcement Humanitarian
  
  Agency: DHS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
2. September 11, 2020
  DHS proposes rule to expand biometric data collection
  - hsa/fvra
  Subject Matter: Enforcement Non-Immigrant Visas Immigrant Visas
  
  Agency: USCIS
  
  Status: Proposed
  
  Type of Action: Rule

August 2020
1. August 21, 2020
  USCIS implements DHS guidance to reject, restrict, and shorten DACA program
  - hsa/fvra
  Subject Matter: DACA Enforcement
  
  Agencies: CBP ICE USCIS
  
  Status: Final/Actual In Litigation
  
  Types of Action: Agency Directive Change in Practice
2. August 3, 2020
  USCIS issues final rule increasing fees
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Naturalization Non-Immigrant Visas Immigrant Visas
  
  Agency: USCIS
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule

July 2020
1. July 28, 2020
  DHS issues DACA memo rejecting initial DACA requests, restricting advance parole, and shortening renewals to one year
  - hsa/fvra
  Subject Matter: DACA
  
  Agencies: CBP ICE USCIS
  
  Status: Final/Actual In Litigation
  
  Type of Action: Agency Directive

June 2020
1. June 26, 2020
  DHS publishes final rule adopting one-year wait for asylum EADs
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT
  
  Agency: USCIS
  
  Status: Final/Actual In Litigation
  
  Type of Action: Rule
2. June 22, 2020
  DHS amends regulation to remove 30-day processing provision for asylum employment authorization applications
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Labor
  
  Agencies: USCIS DHS
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule

May 2020
1. May 14, 2020
  COVID-19: USCIS issues temporary final rule modifying H-2B requirements
  - hsa/fvra
  - covid-19
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agencies: USCIS DOL
  
  Status: Final/Actual
  
  Type of Action: Rule
2. May 14, 2020
  USCIS publishes interim final rule implementing the Northern Mariana Islands U.S. Workforce Act
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Rule
3. May 11, 2020
  DHS restricts admission periods for Chinese journalists
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas
  
  Agencies: CBP USCIS
  
  Status: Final/Actual
  
  Type of Action: Rule

April 2020
1. April 23, 2020
  COVID-19: DHS revises service process requirements for summonses, complaints, and subpoenas
  - hsa/fvra
  - covid-19
  Subject Matter: Hearings and Adjudications
  
  Agency: DHS
  
  Status: Final/Actual
  
  Type of Action: Rule
2. April 20, 2020
  COVID-19: USCIS issues temporary final rule, lifting certain H-2A program limitations
  - hsa/fvra
  - covid-19
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agencies: USCIS DOL
  
  Status: Final/Actual Renewed
  
  Type of Action: Rule

March 2020
1. March 11, 2020
  DHS extends TPS for Somalia for eighteen months
  - hsa/fvra
  Subject Matter: TPS
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
2. March 6, 2020
  USCIS requires FLAG system temporary labor certification final determination to be submitted with H-2A petition
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agencies: USCIS DOL
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

February 2020
1. February 20, 2020
  DHS waives laws to expedite construction of border wall
  - hsa/fvra
  Subject Matter: Border
  
  Agency: DHS
  
  Status: Final/Actual In Litigation
  
  Type of Action: Agency Directive

January 2020
1. January 3, 2020
  DHS extends TPS for Yemenis until September 3, 2021
  - hsa/fvra
  Subject Matter: TPS
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

December 2019
1. December 20, 2019
  USCIS issues guidance to clarify the effect of travel by TPS beneficiaries with final orders
  - hsa/fvra
  Subject Matter: TPS Immigrant Visas
  
  Agencies: ICE USCIS EOIR
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

November 2019
1. November 19, 2019
  Interim final rule modifies existing regulations to implement the Asylum Cooperative Agreements
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Border
  
  Agencies: CBP USCIS EOIR DOS
  
  Status: Final/Actual In Litigation
  
  Type of Action: Rule
2. November 15, 2019
  DOL & USCIS final rule eliminates print ads for H-2B recruitment
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agencies: USCIS DOL
  
  Status: Final/Actual
  
  Type of Action: Rule
3. November 8, 2019
  USCIS publishes final rule requiring $10 fee per registration for H-1B cap selection process
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas: Employment-Based
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Rule
4. November 8, 2019
  DHS designates Poland as Visa Waiver Program country
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas
  
  Agencies: CBP DHS DOS
  
  Status: Final/Actual
  
  Type of Action: Rule
5. November 4, 2019
  DHS announces continuation of documentation for beneficiaries of TPS designation for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
  - hsa/fvra
  Subject Matter: TPS
  
  Agency: USCIS
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Agency Directive

October 2019
1. October 28, 2019
  DHS and El Salvador reach agreement on increased information sharing in exchange for extended work permits for Salvadorans with TPS
  - hsa/fvra
  Subject Matter: Border Interior TPS
  
  Agencies: CBP ICE USCIS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
2. October 16, 2019
  USCIS reopens comment period for 2011 proposed rule amending eligibility and procedures for Special Immigrant Juvenile Petitions
  - hsa/fvra
  Subject Matter: Minors Immigrant Visas: Special Immigrant Humanitarian
  
  Agency: USCIS
  
  Status: Proposed
  
  Type of Action: Rule
3. October 15, 2019
  DHS issues final rule requiring REAL ID for official federal purposes beginning October 1, 2020
  - Biden administration action
  - hsa/fvra
  Subject Matter: Enforcement
  
  Agency: DHS
  
  Status: Final/Actual
  
  Type of Action: Rule

September 2019
1. September 25, 2019
  United States and Honduras sign "safe" third country agreement
  - Biden administration revocation
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Border
  
  Agencies: CBP USCIS DOJ
  
  Status: Final/Actual In Litigation
  
  Type of Action: Agency Directive
2. September 23, 2019
  DHS extends TPS designation for Syria
  - Biden administration action
  - hsa/fvra
  Subject Matter: TPS
  
  Agency: USCIS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
3. September 20, 2019
  United States and El Salvador sign "safe" third country agreement
  - Biden administration revocation
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Border
  
  Agencies: CBP USCIS DOJ
  
  Status: Final/Actual In Litigation
  
  Type of Action: Agency Directive
4. September 3, 2019
  DHS rescinds parole into Guam and CNMI for Russians, restricting issuance to case-by-case determination
  - hsa/fvra
  Subject Matter: Humanitarian Non-Immigrant Visas: Visitor
  
  Agencies: CBP USCIS
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

August 2019
1. August 23, 2019
  Final Rule terminating Flores Agreement regarding detention of migrant children
  - hsa/fvra
  Subject Matter: Minors Detention
  
  Agencies: CBP ICE USCIS ORR
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule
2. August 14, 2019
  USCIS issues final rule on public charge inadmissibility grounds
  - Biden administration revocation
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas Immigrant Visas
  
  Agency: USCIS
  
  Status: Final/Actual In Litigation Enjoined
  
  Type of Action: Rule

July 2019
1. July 26, 2019
  United States and Guatemala sign "safe" third country agreement
  - Biden administration revocation
  - hsa/fvra
  Subject Matter: Asylum, Withholding and CAT Border
  
  Agencies: CBP USCIS DOJ
  
  Status: Final/Actual In Litigation
  
  Type of Action: Agency Directive
2. July 24, 2019
  USCIS makes significant changes to EB-5 immigrant investor program
  - hsa/fvra
  Subject Matter: Immigrant Visas: Employment-Based
  
  Agencies: USCIS DHS
  
  Status: Final/Actual In Litigation
  
  Type of Action: Rule
3. July 23, 2019
  DHS designates new categories of migrants for expanded expedited removal to cover persons inside the US more than 100 miles from border
  - hsa/fvra
  Subject Matter: Interior
  
  Agency: ICE
  
  Status: Final/Actual In Litigation
  
  Type of Action: Agency Directive
4. July 1, 2019
  DHS waives certain legal regulations to expedite border wall construction in Texas
  - hsa/fvra
  Subject Matter: Border
  
  Agency: CBP
  
  Status: Final/Actual
  
  Type of Action: Agency Directive

May 2019
1. May 22, 2019
  DHS finalizes new & increased fees charged by SEVP
  - hsa/fvra
  Subject Matter: Non-Immigrant Visas: Student
  
  Agencies: ICE USCIS
  
  Status: Final/Actual
  
  Type of Action: Rule
2. May 15, 2019
  DHS waives laws, regulations to enable California and Arizona border wall construction
  - hsa/fvra
  Subject Matter: Border
  
  Agency: CBP
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
3. May 15, 2019
  DHS suspends flights to Venezuela
  - hsa/fvra
  Subject Matter: Enforcement
  
  Agencies: DHS DOS Other
  
  Status: Final/Actual
  
  Type of Action: Agency Directive
4. May 10, 2019
  Continuation of TPS Documentation for Nepal, Honduras
  - hsa/fvra
  Subject Matter: TPS
  
  Agency: USCIS
  
  Status: In Litigation Enjoined Renewed
  
  Type of Action: Agency Directive

April 2019
1. April 24, 2019
  DHS waives certain regulations to expedite border wall construction in Arizona and New Mexico
  - hsa/fvra
  Subject Matter: Border
  
  Agency: CBP
  
  Status: Final/Actual
  
  Type of Action: Agency Directive