Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected to Remain, and DACA has New Life but Details Unclear

by Norris McLaughlin & Marcus, P.A.

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines.

White House Immigration Meeting Ends in Vulgarity

On Thursday, Congressional Democrats and Republicans met with President Trump at the White to discuss a deal on DACA, the program that allowed approximately 800,000 people who came to the United States as children to remain and work here.  As part of that deal, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) brought up a plan to cut the visa lottery program – which awards 50,000 to people across the world through a lottery system – and provide the balance of visas to largely underrepresented nations, such as Haiti and several in Africa.

Then, as numerous news outlets have reported, President Trump stated, “why do we want all these people from sh**hole countries coming here?”  He reportedly went on to say “Why do we need more Haitians? Take them out.”  The President’s comments received swift condemnation, both in the United States and around the world.  Kamala Harris, Democratic Senator from California, tweeted that “Immigrants from countries across the globe — including and especially those from Haiti and all parts of Africa — have helped build this country.  They should be welcomed and celebrated, not demeaned and insulted.”  Mia Love, a Republican Congresswoman from Utah whose parents emigrated from Haiti, issued a statement saying that President Trump’s “comments are unkind, divisive, elitist, and fly in the face of our nation’s values. . . . This behavior is unacceptable from the leader of our nation.”  Former president of Haiti, Laurent Lamothe, tweeted “SHAME ON TRUMP!  The world is witnessing a new low today. . .”  Rupert Colville, the United Nations human rights spokesman, said at a news briefing: “There is no other word one can use but racist. You cannot dismiss entire countries and continents as ‘sh**holes’, whose entire populations, who are not white, are therefore not welcome.”

White House spokesman Raj Shah did not deny that the comments were made, but Friday morning, Trump denied using the vulgar term.  President Trump tweeted ‘[t]he language used by me at the DACA meeting was tough, but this was not the language used. What was really tough was the outlandish proposal made – a big setback for DACA!”  He later tweeted ‘Never said anything derogatory about Haitians other than Haiti is, obviously, a very poor and troubled country. Never said ‘take them out.’ Made up by Dems. I have a wonderful relationship with Haitians. Probably should record future meetings – unfortunately, no trust!”

Meanwhile, following Trump’s tweet on Friday, Senator Durbin, who was in the meeting, stated that President did use the term “sh**hole countries.” 

Visa Extensions for Skilled Workers Expected to Continue

Recently, the Trump Administration proposed ending the practice of extending H-1B visas – awarded to skilled immigrants working in professional occupations – while those immigrants applied for permanent resident status in the United States.  This would have a substantial impact on companies, particularly those that employ skilled immigrants from China and India.  Currently, many qualified Chinese employees, working in skilled positions, must wait nearly four years for their green card applications to be eligible for approval, and many from India must wait almost 12 years.  Without H-1B visa extensions, workers from India and China would need to leave the United States during that entire period, giving up their employment during that time.

Recently, however, as reported in Newsweek, following outrage from U.S. and Indian companies, the White House backed away from this proposal. Jonathan Withington, Chief of Media Relations for the U.S. Citizenship and Immigration Services, issued the following statement: “[W]e can say . . . that USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6-year limit.”

If you are an employee or company that may be affected by this decision, or have questions about this policy, please seek advice from an experienced immigration attorney.

Federal Judge Orders Continuation of DACA

This week, William Alsup, United States District Court Judge in San Francisco, issued a nationwide injunction against the White House termination of the DACA program stating that the Trump administration “must maintain the DACA program on a nationwide basis” as the legal challenge to the president’s decision moves forward.

The President moved to end the program in a September announcement declaring that the previous administration’s actions were unconstitutional and an overreach of executive power.  The decision left the fate of 800,000 DACA in limbo, where it remains as Congress debates the fate of the program.  Several states and organizations including previous Secretary of Homeland Security, Janet Napolitano, who is now the president of the University of California college systems, have sued the Trump Administration arguing that the program’s shutdown was arbitrary and done without following the proper legal procedures.  The White House argued that DACA was an illegal program established by the Obama Administration.  Judge Alsup disagreed stating that the Department of Homeland Security has had, for many years, the authority and discretion to grant the type of protections that formed the basis of DACA.

Judge Alsup’s ruling opens the door for the continuation of DACA, although many details remain unclear.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Norris McLaughlin & Marcus, P.A. | Attorney Advertising

Written by:

Norris McLaughlin & Marcus, P.A.

Norris McLaughlin & Marcus, P.A. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.