Ware Immigration Blog

Immigrants in Louisiana may feel worried when interacting with Immigration and Customs Enforcement, and understandably so. Every year, ICE arrests many immigrants -- both documented and undocumented. The way things are handled after these arrests might not be totally constitutional, though. A federal appellate court recently decided that ICE and U.S. immigration law should follow the same constitutional rules to which regular police must abide.

When someone is arrested, police must be able to provide a judge with probable cause for doing so within 48 hours of the arrest. However, ICE does not follow this same protocol. In fact, weeks often go by before ICE is required to provide probable cause. This is often during the same hearing when people are expected to enter their pleas.

United States immigration laws are complex, and they are constantly changing. It can be quite challenging to bring a loved one into the country and reunite a Louisiana family, even in a seemingly straightforward case. Family immigration can be a frustrating and lengthy process, which is why many find it helpful to work with an experienced attorney from the very first steps. 

Those who are U.S. citizens may file a petition to bring a loved one into the United States. This includes a parent, spouse, fiancee, adult child, minor child or sibling. Lawful permanent residents can also petition to bring specific family members into the country, but their options are limited to petitioning for an adult child, spouse or minor child. Immigration also recognizes adoptive and step-family relationships, but there are restrictions on which types of family members can enter the country.

In a sudden reversal, the U.S. Citizenship and Immigration Services announced that it no longer plans to furlough almost 70% of its employees. While this means immigrants in Louisiana can still expect regular wait times for their applications, it could come with a higher cost. The USCIS also says that it still expects to run out of money, although several lawmakers have demonstrated that this may not be the case.

The original furlough plans were in response to an apparent budget shortfall because of fewer applications in early 2020. The agency had also predicted that there would be 61% fewer immigration petitions from May to Sept. 2020. This prediction was inaccurate, as lawmakers pointed out that in May 2020 the USCIS actually made $800 million more than it had predicted.

The Louisiana workforce is made up of all kinds of different men and women, and many foreign workers take on vital roles that help support economic progression. Tech companies in particular understand just how important it is to have the best person for the job, and while some of those workers come from America, many also come from other countries. With new employment immigration policies impacting the ability to hire foreign workers, some tech companies are advocating for changes.

Alongside several other groups, the National Association of Manufacturers and the U.S. Chamber of Commerce are suing the government over a June 22, 2020 proclamation. That proclamation suspended entry for H-1B, H-2B, L-1 and some J-1 visas through the end of 2020. Another 52 organizations and companies recently filed an amicus brief voicing their support for the lawsuit and disapproval of the proclamation.