China Daily: Spending bill likely to extend EB-5 program again

China Daily: Spending bill likely to extend EB-5 program again

I spoke with China Daily on March 21 discussing the possibility of an EB-5 extension in the coming week.

“It’s expected that Congress will approve another clean extension (meaning no changes) to the current EB-5 program until September 30,” Cornell University law professor Stephen Yale-Loehr said in an interview on Tuesday.

“The investment minimums for the program would have increased from $500,000 and $1 million to $925,000 and a little over $1 million,” said Yale-Loehr. He added that a job creation requirement also would have increased to nine (for $925,000) and 12 (for more than $1 million).

In the end, the prognosis for action (on EB-5) is slim to none. It’s hard to get Congress to do anything that is controversial, especially with the mid-term elections approaching.

The article, by Paul Welitzkin, can be accessed here: http://www.chinadaily.com.cn/a/201803/21/WS5ab267f5a3106e7dcc14547c.html

 

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

TIME: When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

TIME: When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

On February 26, the Supreme Court ruled to reinstate the DACA program, overruling a March 5 deadline set by the Trump administration for Congress to decide on the fate of the program.

I was quoted in the article, here:

The Supreme Court’s order and the previous judicial rulings keep the Trump administration from ending the program on March 5, but around 100 DACA recipients have been losing their work permits and deportation deferrals every day, notes Cornell Law professor Stephen Yale-Loehr. “The uncertainty is causing problems for both DACA recipients and their employers,” he said. “Today’s ruling throws the DACA program back into Congress’ lap.”

View the article on TIME.com, here: http://time.com/5175496/supreme-court-daca-dreamers-deadline/

The Future of STEM OPT

The Future of STEM OPT

Last year’s ruling on STEM OPT (optional practical training for Science, Technology, Engineering and Mathematics) granted students in those fields a three year post-graduation authorization to work in the United States. This year, the future of that ruling is in question.

Speaking with Bloomberg BNA, I stated that there would surely be a court battle if the program was rescinded. I added that any argument that STEM OPT was somehow illegal would be very dubious. One likely argument ICE could claim is that the regulation is an economic disadvantage to American students. Yet, we’ll just have to wait and see exactly how they go about rescinding STEM OPT, if they do.

I also spoke with The PIE News (Professionals in International Education) to explain the legal case for maintaining STEM OPT:

“A federal court has already held that the Department of Homeland Security had the statutory authority to publish a rule extending OPT to students in STEM fields. The court noted that since at least 1947, the immigration agency has interpreted the immigration laws to allow foreign students to engage in employment for practical training purposes. During all that time, Congress acquiesced to that interpretation.”

The Bloomberg BNA article is at https://www.bna.com/work-program-foreign-n73014470707/. The PIE News article is at https://thepienews.com/news/us-work-restrictions-harmful-to-economy/.

Huffington Post: How St. Louis’ Only City Synagogue Became A Safe Haven For Protesters

Huffington Post: How St. Louis’ Only City Synagogue Became A Safe Haven For Protesters

A recent piece by Huffington Post details the events of Sept 15, when a peaceful protest became violent and dozens of protesters sought refuge in a nearby synagogue. In the U.S., churches have long served as safe havens. Today, many have declared themselves sanctuaries for undocumented immigrants, which isn’t a declaration protected by law but is generally respected. “As a purely legal matter… the immigration agency can if it wants to, come into a church to arrest someone,” I said on the matter. However, ICE’s policy as stated on its website is not to focus on “sensitive locations” like “places of worship” in order to “enhance the public understanding and trust.” Whether the Trump administration will test the boundaries of this policy or not remains a question at this time.

Read the full story here.

 

Trump Travel Ban 3.0 More Likely to Survive a Court Challenge

Trump Travel Ban 3.0 More Likely to Survive a Court Challenge

I recently spoke with Deutsche Welle on the third revision of President Trump’s travel ban. The new travel ban is more likely to survive in court, as it bars only certain people from certain countries rather than everyone from a given country. The proclamation includes North Korea and Venezuela, which, as non-Muslim majority countries, which shifts the narrative of the travel ban away from being a Muslim-targeted one. This new, more narrow version of the travel ban may be a success for Trump.

Read the full interview here.