By Taher Kameli and Chathan Vemuri In a move that is sure to be welcomed by many in both the immigrant community and law enforcement, the Biden administration has decided as of June 14, 2021 to speed up the process of granting U-Visas some undocumented immigrants who are victims of crime.[1] Under the new policy, the Biden administration will expand access to work permits and deportation relief to certain immigrant victims of crime with pending visa applications.[2] Typically, the Government is only permitted to issue 10,000 U-Visas a year, with the rest of the U-Visa applicants being left on a
By Taher Kameli and Chathan Vemuri On June 7, 2021, the Supreme Court unanimously ruled that unlawful migrants in the United States whose presence was permitted by having Temporary Protected Status (TPS) were not eligible to apply for green cards to become lawful permanent residents.[1] This ruling followed a case involving Jose Santos Sanchez and his wife, who had arrived in the US unlawfully during the late 1990s and both of whom were granted Temporary Protected Status after the 2001 earthquakes in El Salvador, when the US made El Salvadorian nationals eligible for that status.[2] In 2014, Jose Santos
Written by Taher Kameli & Chathan Vemuri At one time, the famous words associated with the Statue of Liberty – “Give me your tired, your poor, your huddled masses yearning to breathe free” – truly exemplified the attitude of the US government toward immigration. However, under the Trump administration, these words would appear to describe the immigration policies of another country, as the Trump administration takes action on a regular basis to restrict the rights of immigrants. This point was evidenced again by the news that the Trump
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
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
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
Written by: Taher Kameli, Esq. It would not be a surprise to see that the Trump administration has simply decided to ban all immigration to the United States. While such is not yet actually the case, it seems that, with its continuing policies that are adverse to immigrant rights, the Trump administration is moving in that direction. As another potential example of the anti-immigration policies of the Trump administration, the Trump administration is considering a significant increase in the fees to appeal immigration cases. As reported by buzzfeednews.com on September 17, the Trump administration (from
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
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
Written by: Taher Kameli, Esq. The U.S. federal governmental system is based on 3 branches of government – the executive (the President), the legislative (the Congress), and the judicial (the federal courts). On immigration issues, during the Trump administration, with Congress taking little action, it generally has been the executive branch (President Trump) vs. the judicial branch (federal judges). This “executive vs. judicial” battle has arisen on the issue of asylum, with the latest development being that a District Court judge has reinstated a nationwide injunction blocking the Trump administration’s new asylum restrictions. On July
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