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

3 FEDERAL COURTS ISSUE INJUNCTIONS AGAINST TRUMP ADMINISTRATION’S FINAL “PUBLIC CHARGE” RULE

Written by: Taher Kameli, Esq. U.S. immigration policy since Donald Trump became President in January, 2017 has generally followed a consistent path – the Trump administration will issue a controversial anti-immigration policy, litigation will be filed against the policy, and no one knows for certain if the policy will take effect until the litigation is resolved.  Such is the case concerning the Trump administration’s final “public charge” rule, announced in August and due to take effect on October 15. However, on October 11, 3 Federal courts issued injunctions against the Trump administration’s final “public charge” rule.

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

FEDERAL COURT IN TEXAS ISSUES RULING AGAINST PRESIDENT TRUMP’S FUNDING OF BORDER WALL

Written by: Taher Kameli, Esq. When the Federal judiciary has blocked anti-immigration policies of the Trump administration, it has most commonly been Federal judges in California (U.S. District Courts in California, and the U.S. Court of Appeals for the Ninth Circuit in California) that have issued these rulings.  As California is viewed as a “liberal-leaning, Blue state”, such results are not surprising. However, even Federal judges from “conservative-leaning, Red states”, such as Texas, can issue decisions that are adverse to the anti-immigration policies of the Trump administration. As one example of such a decision, a Federal

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