Wednesday, February 28, 2018

Driver's Licences/IDs Issued in American Samoa No Longer Accepted for Commercial Air Travel

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Introduction


Beginning on February 5, 2018, the Transportation Security Agency (TSA) will no longer accept American Samoan-issued driver's licenses and identification cards as proof of identity to board commercial aircraft. This is because American Samoa was deemed non-compliant with the REAL ID act, which sets standards for state-issued identification documents, and it was not granted an extension for becoming compliant. American Samoa is the only one of the 56 states and territories to be deemed non-compliant and not granted an extension.

The information in this blog is drawn from a Department of Homeland Security (DHS) FAQ on the subject [PDF version].

Transition Period


However, in order to ensure a smooth transition for American Samoan travelers, TSA will provide additional assistance to American Samoans who arrive at an airport without acceptable documentation from February 5, 2018 through May 6, 2018. Please see our full article for the list of acceptable documentation for domestic travel [see article].

American Samoans who arrive at the airport without acceptable documentation from February 5, 2018, through May 6, 2018, may be asked to present at least two other forms of identification to travel. The DHS provided a list of examples of identification that may be accepted:
  • American Samoa Certificate of Identity;
  • Birth certificate;
  • Social security card;
  • Voter registration card;
  • Vehicle registration;
  • Marriage certificate;
  • W-2 form; or
  • Credit card.

In order to be accepted as evidence of identity by the TSA, the alternative forms of identification must include the individual's name and other identifying information (e.g., photo, address, phone number, social security number, or date of birth). Provided that the individual's identity is confirmed, he or she may be subject to additional screening before being permitted to enter the screening checkpoint. The individual will not be permitted to enter the security checkpoint if his or her identity cannot be confirmed.

As we noted, it is important to remember that, although American Samoan-issued identification cards and driver's licenses no longer constitute acceptable documentation for air travel, American Samoans will still be able to rely upon a variety of other forms of documentation to meet the requirement. We would like to again remind you to see our full article on this subject [see article].

Other Articles Addressing American Samoa


In a separate matter, American Samoa has a unique status in the context of U.S. nationality law because individuals born in American Samoa are noncitizen nationals from birth (unless the individual has grounds for acquiring U.S. citizenship at birth through one or both parents [see article]). We discuss noncitizen nationals generally in a full article [see article]. Furthermore, please see our articles on immigration issues for noncitizen nationals (including naturalization) [see article] and the circumstances under which noncitizen nationals can file family-sponsored immigrant visa petitions [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Monday, February 26, 2018

Five New Immigration Judges Sworn In On February 8, 2018

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On February 8, 2018, the Executive Office for Immigration Review (EOIR) announced the swearing in of five new immigration judges [PDF version]. The five new immigration judges, who will sit on five separate immigration courts (Elizabeth Immigration Court; Atlanta Immigration Court; Portland Immigration Court; San Francisco Immigration Court; and Adelanto Immigration Court), were appointed by Attorney General Jeff Sessions. The investiture ceremony for the new immigration judges was held on February 8, 2018. We will list the five new immigration judges with brief biographical information.

  • Angelo J. DiCamillo (Elizabeth Immigration Court)

Judge DiCamillo brings nearly 40 years of experience as a state judge to the Elizabeth Immigration Court. DiCamillo served as a judge for the New Jersey Superior Court, in Trenton, N.J. from 1993 to 2017. From 1979 to 1993, DiCamillo served as a municipal court judge for the State of New Jersey. He holds a law degree from Rutgers University.

  • John M. Gillies (Atlanta Immigration Court)

Most of Judge Gillies experience prior to joining the Atlanta Immigration Court came as a prosecutor. From 2005 through 2018, Gillies served in various capacities in the Department of Justice (DOJ). Much of his experience related to investigating and prosecuting narcotics crimes. He also served as an assistant U.S. Attorney in two district offices from 1998 through 2003. From 2003 through 2005, Gillies was chief legal counsel for former Senator Saxby Chambliss of Georgia. From 1991 to 1992, Gillies served as a law clerk for Judge Gerald Bard Tjoflat of the United States Court of Appeals for the Eleventh Circuit. He holds a law degree from the University of Florida.

  • Mindy E. Hoeppner (Portland Immigration Court)

Judge Hoeppner brings experience from working in the Department of Homeland Security (DHS) to the Portland Immigration Court. From 2005 to 2017, Hoeppner served as assistant chief counsel for the Office of Chief Counsel (OCC), Immigration and Customs Enforcement (ICE), DHS in two different locations. Prior to her government service, she worked as an immigration defense attorney for several years. She holds a law degree from the University of Iowa.

  • Cory M. Picton (San Francisco Immigration Court)

Prior to beginning his tenure on the San Francisco Immigration Court, Judge Picton served as an assistant U.S. attorney for 10 years from 2008 to 2018. In addition to his experience as a federal prosecutor, Picton earlier worked as a civil law attorney for the U.S. Marine Corps for several years. He holds a law degree from Saint Louis University School of Law.

  • Nathaniel B. Walker (Adelanto Immigration Court)

Judge Walker has experience with both the DOJ and DHS. From 2014 to 2018, Walter served as an assistant U.S. attorney. From 2009 through 2014, he served as an assistant chief counsel for the Office of Chief Counsel, ICE, DHS. From 2002 to 2003, he was a law clerk for Judge Peter A. Nowinski of the U.S. District Court for the Eastern District of California. Walker holds a law degree from Boston College Law School.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Tuesday, February 20, 2018

Strong Support For Israel's Right To Defend Itself From DOS And DOD

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Readers of the blog will know that I occasionally take the time to comment on significant events in Israel and in U.S.-Israel relations, two subjects that I am passionate about. For example, please see my posts praising President Donald Trump's decision to recognize Jerusalem as the capital of Israel [see blog] and on the 50th anniversary of the liberation of Jerusalem [see blog].

On February 9, 2018, the Israeli military intercepted an Iranian drone in Israeli airspace. In response, the Israeli Air Force struck the Iranian base in Syria from whence the drone had been dispatched. After an Israeli F-16 took damage in the raid, the Israeli military responded by striking twelve Syrian and Iranian positions in Syria.

While the United States has always been Israel's most significant international backer, its statements in support of Israel's right to defend itself from attacks foreign or domestic have often been equivocal. Generations of Americans are have been accustomed to hearing pleas from the United States and others for calm on “both sides” whenever there is violence involving Israel, regardless of the initial aggressor or cause of the violence.. This language was not employed only with regard to Israel's foreign wars, but also to its handling of domestic terror within its own borders.

With the history of U.S.-Israeli relations in mind, I was pleasantly surprised to see an unequivocal statement of support for Israel's position from the U.S. Department of State (DOS), which has seldom been the U.S. agency most predisposed to stand with Israel. Furthermore, Secretary of Defense James Mattis also released a clear statement of support for the Israeli position. First, let us examine the DOS statement [see here].

There are three things that make this statement refreshing.

First, DOS unequivocally supported “Israel's sovereign right to defend itself.” That this is even noteworthy represents a peculiarity in the history of U.S.-Israel relations. There can be little doubt that the United States government would never mince words in supporting the sovereign right of one of its European allies to defend itself from an incursion of its airspace by an enemy regime. President Trump's recognition of Jerusalem as the capital of Israel normalized how the United States treats its steadfast ally in recognizing its sovereign right to choose its own capital. Here, DOS made clear that Israel has the sovereign right equal to that of any other nation to defend itself from attack.

Second, DOS minced no words about the party responsible for the escalation of violence. Iran, flush with U.S. and European cash from the so-called nuclear deal and eager to project its power abroad, is indeed the chief destabilizing actor in the Middle East. Iran has propped up the brutal Assad regime in Syria, fueled sectarian conflict in Yemen, aided Hezbollah in asserting its control over Lebanon, employed militias to increase its grip on Iraq, threatened Arab states in the Gulf, and acted as the leading sponsor of terrorist organizations in the region. With this in mind, it is entirely proper that the United States not only recognizes Israel's sovereign right to defend itself, but that the administration also publicly recognizes that the responsibility for the violence lays squarely with the theocratic regime in Tehran.

Third, the Jerusalem Post reported remarks by Defense Secretary Mattis on the Israeli response to Iranian aggression.[1] Mattis stated that “Israel has an absolute right to defend itself, and I think that's what happened yesterday.” In recognizing Israel's absolute right to defend itself, Secretary Mattis distinguished the U.S. position from others — such as many European states and the United Nations — which often take the position that Israel must temper actions it takes in its own defense in light of political contingencies in the region. Here, Mattis recognized that Israel's right to self-defense is inviolable.

After noting that Iran was responsible for the violence, Mattis added another important point regarding the Israeli response: “They don't have to wait until their citizens are dying under attack before they actually address the issue.” Traditional modes of thinking about Israel in the domestic and foreign policy establishments have a tendency to view everything through a geopolitical lens. In fact, Mattis himself has not always been immune to this way of thinking. In 2013, Mattis echoed former President Jimmy Carter and former Secretary of State John Kerry when he warned that, by failing to reach a comprehensive peace agreement with the Palestinians, Israel risked becoming an “apartheid” state.[2] However, in his current statement, Secretary Mattis recognized that the lives of the citizens of Israel are at stake. The failure to respond to threats pr acts of violence in order to appease the sensibilities of the international community and some of those in the foreign policy establishment may lead to the otherwise avoidable deaths of Israeli citizens. This is why it was notable to see Mattis make clear that Israel not only has the “absolute right to defend itself,” but also that the exercise of this right can make a life or death difference for people going about their daily lives.

It has been refreshing to see the Trump Administration bring much needed fresh thinking to the United States' relationship with Israel and to the issues presented by the Middle East at large. The foreign policy establishment had been in dire need of such an overhaul for decades. To be sure, there are still many serious questions regarding the Administration's overall posture in the Middle East, and it remains to be seen how it will respond to the brazen aggression from Iran going forward. However, the statements from the DOS and from Secretary Mattis combined with the unabashedly pro-Israel policy decisions from the White House appear to be a sign of a new level of American support for Israel's right to defend its sovereignty and its people going forward.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

  1. Gold, Avraham. “Mattis: Israel has an Absolute Right to Defend Themselves.” The Jerusalem Post. Feb. 12, 2018. http://www.jpost.com/Israel-News/Mattis-Israel-has-an-absolute-right-to-defend-themselves-542392
  2. Kampeas, Ron. “Mattis said Israel can be a pain but few in pro-Israel camp seem to care. Why?” The Times of Israel. Dec. 7, 2016. https://www.timesofisrael.com/mattis-said-israel-can-be-a-pain-but-few-in-pro-israel-camp-seem-to-care-why/

Lawyer website: http://myattorneyusa.com

Monday, February 19, 2018

DOL Will Not Begin Releasing H2B Temporary Labor Certifications Until February 20, 2018

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On February 7, 2018, the United States Citizenship and Immigration Services (USCIS) announced that the U.S. Department of Labor (DOL) will not begin releasing H2B temporary labor certifications until February 20, 2018. This is “due to an unprecedented number of applications” [PDF version]. The USCIS stated that it “may receive more [H2B] nonimmigrant worker petitions than there are [H2B] visas available in the second half of Fiscal Year 2018.” In order to handle the large number of applications, the USCIS stated that it may randomly select H2B petitions based on their final receipt date. The USCIS will post further updates as more information becomes available.

To see the list of H2A and H2B eligible countries for fiscal year 2018, please see our full article on the subject [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com