DESPITE REQUESTS FROM TRUMP ADMINISTRATION, MANY STATE DEPARTMENTS OF MOTOR VEHICLES HAVE NOT TURNED OVER DRIVER’S LICENSE RECORDS TO CENSUS BUREAU

Written by: Taher Kameli, Esq. It has often been said that the only governmental authority that has generally blocked the anti-immigration actions of the Trump administration has been the Federal judiciary.  In fact, there is another possible governmental authority that has in certain cases resisted the anti-immigration policies of the Trump administration – the states. As an example of such state opposition to the anti-immigration policies of the Trump administration, despite requests from the Trump administration, many state Departments of Motor Vehicles have not turned over driver’s license records to the Census Bureau. In June,

JUSTICE DEPARTMENT ANNOUNCES PLAN TO COLLECT DNA SAMPLES FROM ASYLUM SEEKERS AND OTHER DETAINED MIGRANTS

Written by: Taher Kameli, Esq. President Trump has many groups of people that he dislikes – House Democrats, “Never Trump” Republicans, and the “mainstream media”.  Besides these groups, in making a list of the persons disfavored by President Trump, asylum seekers and other detained migrants would also need to be included.  In the latest example of the Trump administration taking action against asylum seekers and other detained migrants, on October 21, the Justice Department announced plans to collect DNA samples from asylum seekers and other detained migrants. As summarized in a “proposed rule” to be

NEW CALIFORNIA LAWS EXTEND CERTAIN RIGHTS FOR IMMIGRANTS

Written by: Taher Kameli, Esq. While most immigration law in the United States is Federal law, the states sometimes will get involved and enact laws on immigration issues.  Especially in the face of the Trump administration generally issuing Federal anti-immigration policies, it is noteworthy today when the states enact laws to expand immigrant rights.  Such is the case with respect to California, as new California laws have extended certain rights for immigrants. California Governor Gavin Newsom recently signed 3 new laws expanding immigrant rights.  First, Governor Newsom signed a law that allows undocumented immigrants to

PRESIDENT TRUMP SEEKS TO SUSPEND ENTRY OF IMMIGRANTS WHO WILL FINANCIALLY BURDEN THE US HEALTHCARE SYSTEM

Written by: Taher Kameli, Esq. President Trump has blamed immigrants for many problems in the United States.  Therefore, it probably should come as no surprise that President Trump has now generally associated immigration with one of the key issues in the upcoming Presidential election – healthcare coverage.  President Trump now seeks to suspend the entry of immigrants who will financially burden the United States healthcare system. On October 4, President Trump issued, “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” (the “Proclamation”).  The Proclamation states,

FEDERAL COURT BARS ICE FROM ISSUING CERTAIN DETAINERS BASED ON DEFICIENT ELECTRONIC DATABASES

Written by: Taher Kameli, Esq. In making arguments about immigration, it is often said (by both pro-immigration and anti-immigration advocates) that the immigration system is broken.  Apparently, this statement may be literally true. A recent case highlights this issue, as a Federal court has barred U.S. Immigration and Customs Enforcement (ICE) from issuing certain detainers (arrest requests) based on deficient electronic databases. ICE’s “Secure Communities” program is believed to be responsible for 70% of all ICE arrests.  A significant portion of those arrests arises from detainers issued solely on the basis of electronic databases.  In essence, ICE officers,

FEDERAL COURT BLOCKS TRUMP ADMINISTRATION’S EXPANDED “EXPEDITED REMOVAL” DEPORTATION POLICY

Written by: Taher Kameli, Esq. While Congress (or at least the House of Representatives) is perhaps now showing some opposition to President Trump on the issue of impeachment, Congress has not been able to block the anti-immigration policies of the Trump administration.  Instead, it has been the judicial branch of government, rather than the legislative branch of government, which has been more effective in opposing the Trump administration on the issue of immigration. As another example of the judiciary ruling against an immigration policy of the Trump administration, on September 27, 2019, a Federal court blocked

TRUMP ADMINISTRATION RESUMES “MEDICAL DEFERRED ACTION” PROGRAM

Written by: Taher Kameli, Esq. Given the anti-immigration policies of the Trump administration, it has been the rare case when there is positive news coming from the Trump administration on an issue affecting immigrants.  Since Donald Trump became President, it seems that the only good news for immigrants is when a Federal court steps up to block a policy of the Trump administration. There are also very few instances of the Trump administration reversing course and changing its mind about an anti-immigration policy.  However, as an exception to the above, there is a favorable development for

FEDERAL COURT RULES TRUMP ADMINISTRATION VIOLATED LAW WITH VISA DELAYS FOR AFGHANS AND IRAQIS COVERED BY SIV PROGRAM

Written by: Taher Kameli, Esq. While the general subject of immigrant rights often results in significant political debate, certain groups of immigrants receive special protection under the law.  One such group of immigrants are certain Afghans and Iraqis covered by the Special Immigrant Visa (SIV) program. If you are covered by the SIV program, a law passed in 2013 requires that your visa application must be processed within 9 months.  However, on September 20, a Federal court ruled that the Trump administration violated this law with visa delays for certain Afghans and Iraqis covered by the

NINTH CIRCUIT RECOGNIZES RIGHT OF EB-5 DERIVATIVE BENEFICIARIES TO SEEK REVIEW OF I-829 PETITION DENIALS

Written by: Taher Kameli, Esq. The Federal judiciary has generally been the governmental branch that has done the most to protect immigrant rights since the election of President Trump.  As another example of a Federal court ruling in favor of immigrant rights, on September 4, the Ninth Circuit Court of Appeals recognized the right of EB-5 derivative beneficiaries to seek review of I-829 petition denials. The case, Mu v. Barr, 2019 U.S. App. LEXIS 26668 (9th Cir. 2019), involved the derivative beneficiary (the daughter) of an EB-5

IMPORTANT DATES FORTHCOMING BEFORE END OF YEAR 2019 FOR UNITED STATES’ RESIDENCY BY INVESTMENT PROGRAM

Written by: Taher Kameli, Esq. Would you like to be a resident of the United States?  The United States, often referred to as the “land of opportunity”, is considered an attractive destination for many immigrants, with its strong economy, high level of education, health care, and standard of living, political freedoms, and diverse culture.  If you are interested in residing in the United States, you should note that important dates will be forthcoming before the end of year 2019 for the United States’ residency by investment program (known as the “EB-5 program”). On July 24,