Supreme Court Grants Stay of Injunction Allowing Trump Administration’s New Asylum Restrictions to Take Effect

Trump Administration’s New Asylum Restrictions Take Effect
Oct16

Written by: Taher Kameli, Esq. While the Federal judiciary has generally been the principal obstacle to the anti-immigration efforts of the Trump administration, the Supreme Court has sometimes overruled lower Federal courts and upheld the anti-immigration policies of the Trump administration.  For example, the Supreme Court has upheld the “Trump travel ban” and allowed the use of Department of Defense funds to build the United States-Mexico border wall. As another example of the Supreme Court ruling in favor of the Trump administration on an immigration issue, on September 11, the Supreme Court granted a stay

October 16, 2019
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Top U.S. Asylum Official Reassigned As Part Of Trump Administration’s Anti-Asylum Policies

U.S. Asylum Official Reassigned As Part Of Trump Policies
Oct09

Written by: Taher Kameli, Esq. Asylum has been a basic feature of the U.S. immigration system for immigrants seeking humanitarian refuge in the United States.  Asylum has been under attack by the Trump administration, including President Trump’s comment in a speech that “[t]he asylum program is a scam”.   As further evidence of this attack on asylum, the top U.S. asylum official has been reassigned as part of the Trump administration’s anti-asylum policies. According to an email sent to U.S. Citizenship and Immigration Services (USCIS) staff on September 4, John Lafferty, who had been

October 9, 2019
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USCIS Says Certain Children of U.S. Government Employees And U.S. Armed Forces Members Born Overseas Are Not Automatically U.S. Citizens

Government Employees Born Overseas Not Automatically Citizen
Oct02

Written by: Taher Kameli, Esq.  While one can easily criticize many of the anti-immigration policies issued by the Trump administration for their substantive positions, to the extent that government policy consistency is beneficial, you cannot fault the Trump administration for lack of general consistency on immigration issues.  Whatever the immigration issue, from migrant rights to green card rights to citizenship rights, the Trump administration will generally consistently adopt the position on the issue that restricts, and is adverse to, such migrant rights, green card rights, or citizenship rights. As another example of the Trump administration’s generally consistent

October 2, 2019
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Federal Courts Issue Different Rulings on Trump Administration’s Effort to Significantly Restrict Asylum Protection

Trump Efforts to Restrict Asylum Protection Significantly
Sep24

Written by: Taher Kameli, Esq. The Federal judiciary has frequently been relied on to block the anti-immigration policies of the Trump administration.  However, as with any litigation, there is no guarantee as to how any Federal judge will rule on any specific immigration law issue.  This point was made abundantly clear on July 24 when 2 Federal courts issued different rulings on the Trump administration’s effort to significantly restrict asylum protection for migrants. These 2 cases involved lawsuits against the new rule of the Trump administration (published in the Federal Register to be effective July

September 24, 2019
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New Eb-5 Regulations Near Publication May Significantly Modify Eb-5 Requirements

New Eb-5 Regulations May Modify Eb-5 Requirements
Sep11

Written by: Taher Kameli, Esq. The EB-5 program has been a popular vehicle for immigrant investors to obtain green cards, and status as a permanent lawful resident, in the United States.  Under the EB-5 program, by investing $500,000 in a project located in a “targeted employment area” (generally rural areas and areas with high levels of unemployment) (“TEA”) that creates 10 full-time jobs, the immigrant investor generally can obtain a green card.  Persons interested in the EB-5 program should note that new regulations are near publication that may significantly modify the requirements of the

September 11, 2019
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ICE Intending to Assess Thousands Of Dollars In Fines On Some Undocumented Immigrants

ICE Intending to Assess Thousands Of Dollars In Fines
Sep09

Written by: Taher Kameli, Esq. It should come as no surprise to anyone that the Trump administration wants to take adverse action against undocumented immigrants. The latest such example is in the area of financial penalties. Following an executive order by President Trump, U.S. Immigration and Customs Enforcement (ICE) is intending to assess thousands of dollars in fines on some undocumented immigrants. Shortly after taking office, on January 25, 2017, President Trump signed an executive order authorizing “the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens

September 9, 2019
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Supreme Court At Least Temporarily Blocks Trump Administration from Adding Citizenship Question To The 2020 Census

Supreme Court Blocks Citizenship Question on 2020 Census
Sep06

Written by: Taher Kameli, Esq. On any number of issues affecting immigrants, the Federal judiciary has blocked anti-immigration efforts by the Trump administration.  Generally, these actions by Federal judges have come at the District Court and Court of Appeals levels. However, on June 27, the Supreme Court also acted against an anti-immigration policy of the Trump administration, at least temporarily blocking it from adding a citizenship question to the 2020 census. The case (Department of Commerce v. New York, Docket No. 18-966) arose from the decision in March, 2018 by

September 6, 2019
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Federal Judge Blocks ICE from Making Courthouse Arrests of Undocumented Immigrants In Massachusetts

Judge Blocks ICE from Making Courthouse Arrests of immigrant
Sep04

Written by: Taher Kameli, Esq. Given the anti-immigration policies of the Trump administration, it would not be wrong to characterize Federal judges as the “BFF” of immigrants in the United States.  On numerous immigration issues, the decisions of Federal judges have been critical to safeguard the rights of immigrants and restrict the actions of the Trump administration.  Another example of a Federal judge protecting the rights of immigrants occurred on June 20, with the decision of U.S. District Court Judge Indira Talwani to block U.S. Immigration and Customs Enforcement (“ICE”) from making courthouse arrests of

September 4, 2019
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Illinois Becomes First State to Ban Private Immigration Detention Centers

Illinois to Ban Private Immigration Detention Centers
Sep02

Written by: Taher Kameli It has been said that in the face of Congress’ general inability to reach an agreement on immigration issues, and President Trump’s anti-immigration policies, only the judicial branch of government appears to be available to protect immigrant rights. However, such a statement ignores another part of our overall government system – the states. That the states can support immigrant rights was evidenced on June 21 when Illinois Governor JB Pritzker signed a bill under which Illinois became the first state to ban private immigration detention centers. The bill, HB 2040 (the “Private Detention

September 2, 2019
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President Trump Threatens to Deport “Millions of Illegal Aliens”

Trump Threatens to Deport "Millions of Illegal Aliens"
Aug30

Written by: Taher Kameli, Esq. President Trump is very good at talking tough on immigration issues.  However, his ability to actually implement anti-immigration policies has often been impeded by judicial opposition, practical limitations, and poor timing.  Such practical limitations and poor timing again may be obstacles with respect to the “tweet” by President Trump on June 17 that threatens to deport “millions of illegal aliens”. President Trump specifically “tweeted”, “Next week ICE [U.S. Immigration and Customs Enforcement] will begin the process of removing the millions of illegal aliens who have illicitly found their way

August 30, 2019
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