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New Health Insurance Requirements for Immigrant Visa Applicants

New Health Insurance Requirements for Immigrant Visa Applicants
On October 4, 2019, President Trump issued a “Presidential Proclamation on Health Care,” declaring that all people applying for immigrant visas to the United States (processed at U.S. consulates abroad) must demonstrate that they either will be covered by approved health insurance within 30 days of entry or have the financial resources to pay for reasonably foreseeable medical costs. The failure to demonstrate this requirement will result in the denial of...
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Trump Administration Issues New Third Country Asylum Rule

Trump Administration Issues New Third Country Asylum Rule
  UPDATE: On July 24, 2019, U.S. District Judge Jon Tigar of San Francisco, California issued a preliminary injunction which has temporarily stopped the Trump administration’s third-country asylum bar from going into effect. Earlier on the same day, a U.S. District Judge in Washington D.C. declined to issue a preliminary injunction in a similar suit. However, the decision of the U.S. District Judge in San Francisco a few hours later temporarily...
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Updates on the Termination of Temporary Status (TPS) by the Trump Administration

Updates on the Termination of Temporary Status (TPS) by the Trump Administration
Temporary Protected Status or TPS, is a temporary immigration benefit for individuals from a country that is experiencing ongoing armed conflict, environmental disaster, or another temporary serious condition. Individuals who are granted TPS receive two main benefits: 1) protection from deportation/removal; and 2) authorization to work in the United States. In September 2017 the Trump Administration decided to end TPS for Sudan. In November, the administration decided to end TPS for...
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Lawsuit Challenges Power of Immigration Judges to Hear Cases Due to Unlawful Designation of their Delegating Authority: Acting Attorney General Matthew Whitaker

Lawsuit Challenges Power of Immigration Judges to Hear Cases Due to Unlawful Designation of their Delegating Authority: Acting Attorney General Matthew Whitaker
On December 4, 2018, Mr. Carlos Rojo-Ramirez, of Colorado, through his attorneys David. L. Kolko and Jennifer Casey (Kolko & Associates, P.C.), challenged President Trump’s unlawful designation of Matthew G. Whitaker as Acting Attorney General of the United States. In Rojo-Ramirez v. Trump, et. al., (18-cv-03125), filed in the U.S. District Court for the District of Colorado, Mr. Rojo-Ramirez asserted that U.S. Immigration Judges are temporarily operating without any legal authority...
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Supreme Court Upholds Trump Administration Travel Ban

Supreme Court Upholds Trump Administration Travel Ban
  On June 26, the United States Supreme Court issued its decision in the closely watched “Travel Ban” case, Trump v. Hawaii. The Court found that the Trump administration was within its authority in issuing Proclamation No. 9645, which suspends the issuance of visas to foreign nationals of seven countries. The Proclamation at issue was the third iteration of travel bans issued by the Trump Administration, which have been the subject...
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Life After TPS: Evaluate Your Options

Life After TPS: Evaluate Your Options
In recent months the Trump Administration has terminated the Temporary Protected Status (TPS) Program for multiple countries and is reviewing the continued designation of several others. TPS for Hondurans was terminated and will only continue through July 5, 2018. The TPS designation for Nicaragua will terminate on January 5, 2019. TPS for individuals from Haiti was also terminated and the protected status will only continue through July 22, 2019. Individuals from...
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Submit DACA Renewal Applications Now

Submit DACA Renewal Applications Now
Due to a Federal Court Order directing the U.S. Citizenship and Immigration Service (USCIS) to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA), individuals currently holding DACA and people whose DACA expired on or after September 5, 2016 are encouraged to submit DACA renewal applications to USCIS immediately. It is widely known that on September 5, 2017, President Trump terminated the DACA Program. (See DHS Rescinds the DACA Program)....
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Temporary Protected Status for El Salvador set to end September 09, 2019

Temporary Protected Status for El Salvador set to end September 09, 2019
On January 08, 2018, the Secretary of the Department of Homeland Security announced her decision to end the Temporary Protected Status (TPS) designation for El Salvador. TPS provides temporary lawful status and work authorization to people already in the United States from countries affected by armed conflict, natural disaster or other strife. El Salvador was first designated by George W. Bush in March 2001 following a series of earthquakes, and has...
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Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients

Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients
On January 9, 2018, Federal Court Judge William Alsup from the Federal District Court in San Francisco, California ordered the Department of Homeland Security (DHS) to resume processing applications for renewal of Deferred Action for Childhood Arrivals (DACA) while an on-going legal challenge to the Trump Administration’s rescission of the DACA program is resolved. Judge Alsup’s order applies nationwide to all current/prior DACA holders. In June 2012, the Obama Administration announced...
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Supreme Court Allows Trump Travel Ban to Take Effect

Supreme Court Allows Trump Travel Ban to Take Effect
On December 04, 2017, the U.S. Supreme Court ruled that the third version of President Trump’s travel ban will be allowed to go into effect. Although other legal challenges are still making their way through the court system, as of December 08, 2017, restrictions went into effect limiting travel for people from eight nations. Effect of the Supreme Court’s order: In practical terms, the orders issued by the U.S. Supreme Court,...
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Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS
On November 20, 2017, the Department of Homeland Security (DHS) Acting Secretary, Elaine Duke announced it would end Temporary Protected Status (TPS) for Haiti. Haiti is the third country to have TPS terminated under the Trump Administration, following announcements to terminate TPS for Sudan and Nicaragua in September and November 2017. TPS was established by Congress in 1990 as a way to provide humanitarian relief to foreign nationals already residing in...
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Trump Issues Presidential Proclamation Expanding and Finalizing Travel Ban

On September 24, 2017, the Trump Administration issued a Presidential Proclamation to finalize the determinations on banning travel from certain designated countries in particular visa categories, pursuant to President Trump's March 6, 2017 Executive Order.  The Proclamation, entitled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats," announces seven designated countries from which entry and visa issuance will be restricted, based...
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DHS Rescinds the DACA Program

DHS Rescinds the DACA Program
On September 5, 2017, the Department of Homeland Security (DHS) formally rescinded the Deferred Action for Childhood Arrivals (DACA) program established under the Obama Administration. The decision to rescind the program was announced by Attorney General Jeff Sessions and the DHS subsequently issued Frequently Asked Questions (FAQs) on its website regarding the terms of the rescission of the DACA program This rescission will have immediate and significant consequences for those who...
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Supreme Court Will Hear Travel Ban Case, Allows Parts to Take Effect in the Meantime

Supreme Court Will Hear Travel Ban Case, Allows Parts to Take Effect in the Meantime
On Monday, June 26, 2017, the Supreme Court of the United States decided it will hear arguments in October on President Trump’s travel ban and that the current executive order can be enforced against individuals who lack “a credible claim of a bona fide relationship with a person or entity in the United States” while they examine the case. The Travel Ban The travel ban, which is sometimes referred to as...
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David Kolko on Denver’s Channel 7 Politics Unplugged

David Kolko on Denver’s Channel 7 Politics Unplugged
  On Sunday, February 26, 2017, Managing Partner David Kolko appeared on Denver’s Channel 7 Politics Unplugged to discuss current immigration policy under the Trump Administration. Mr. Kolko provided insights into the recent Executive Orders and Department of Homeland Security (DHS) Memoranda regarding interior immigration enforcement and border security. Mr. Kolko discussed the expansive nature of the Executive Orders and DHS Memoranda, and highlighted the lack of clarity within those documents...
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DHS issues directives for implementation of Trump’s Executive Orders on Interior Enforcement and Border Security

DHS issues directives for implementation of Trump’s Executive Orders on Interior Enforcement and Border Security
  On February 20, 2017, Department of Homeland Security (DHS) Secretary John Kelly issued two memoranda, “Enforcement of the Immigration Laws to Serve the National Interest,” and “Implementing the President’s Border Security and Immigration Enforcement Improvement Policies.” These two “Kelly Memos” direct DHS employees, including employees of the U.S. Citizenship and Immigration Service (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) on the implementation of President Trump’s...
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David Kolko on The Craig Silverman Show

David Kolko on The Craig Silverman Show
  On February 11, 2017, Managing Partner David Kolko appeared on the Craig Silverman Show on Denver’s KNUS 710 Radio to discuss U.S. immigration law and policy. Mr. Kolko and Mr. Silverman discussed the recent increase in immigration enforcement under the Trump Administration and other issues facing immigrants and the country today. Listen to Mr. Kolko’s insights on immigration here: https://craigsilverman.podbean.com/e/the-craig-silverman-show-feb-11-2017-hr-3/ For more information about David Kolko, our law firm, or...
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Executive Order to Protect U.S. from Terrorist Entries Causes Chaos and Confusion

Executive Order to Protect U.S. from Terrorist Entries Causes Chaos and Confusion
  On January 27, 2017, President Donald Trump signed his third immigration-related Executive Order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Although the title of the Executive Order suggests that it will protect our nation, the contents of the Executive Order are likely to jeopardize the safety of Americans and bona fide refugees all over the world, rather than actually protect the homeland. Since the issuance...
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Dramatic expansion of Expedited Removal under Trump’s Executive Order on Border Security

Dramatic expansion of Expedited Removal under Trump’s Executive Order on Border Security
  In his Executive Order, Border Security and Immigration Enforcement Improvements, (January 25, 2017)  President Trump directs the DHS Secretary to use the “process of expedited removal” under Section 235(b) of the Immigration and Nationality Act (INA or Act) to individuals present in the United States who cannot affirmatively show that they have been continuously physically present in the United States for two (2) years prior to the date of their...
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Trump Issues Executive Orders on Immigration

Trump Issues Executive Orders on Immigration
On January 25, 2017, President Donald Trump signed two Executive Orders, entitled “Enhancing Public Safety in the Interior of the United States,” and “Border Security and Immigration Enforcement Improvements.” The Executive Orders identify individuals who have entered the United States without inspection or admission as a significant threat to national security and public safety. The Executive Orders contain directives to the Secretary of the Department of Homeland Security (DHS) to prioritize...
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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.