Written by Taher Kameli & Chathan Vemuri The first two weeks of the Biden presidency has seen a dramatic pause on many of the Trump administration’s most controversial immigration policies, from ending the Muslim ban to reversing the policy focusing immigration law enforcement on any undocumented person regardless of criminal status or lack thereof, to ending an emergency declaration to divert funds to proposed border wall. Yet opposition to these reversals remains as strong as ever in those states where the former President still commands high levels of support. In Texas last week, one state attorney general was able to
Written by Taher Kameli On Wednesday, January 20, 2021, the U. S. witness the change when former Vice President Joe Biden was sworn in as the 46th President of the United States. It was the culmination of a vicious presidential campaign that effectively served as a referendum on the performance of Donald Trump. A campaign that saw Trump’s most fervent supporters come out in record numbers to keep him in the White House, as well as new voters too. After, a volatile election the result was not even known for almost a
Written by Taher Kameli & Chathan Vemuri In what came as a shock to immigration attorneys and clients applying to stay in the US and halt deportation proceedings, the Department of Justice imposed new deadlines for migrant children that critics say have left attorneys and clients in a mess. Last week on November 24, 2020, the Justice Department’s Executive Office for Immigration Review (EOIR), which oversees US immigration courts, set up new deadlines by which migrants in certain cases must file an application with the immigration court to stay in the United
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
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. Government positions on immigration issues are often expressed in ideological or political terms. However, more practically, it is the authorization of funds that actually implements these government positions. For example, “Build the Wall” is just a political argument; unless funds are actually authorized to build a wall at the southwest border, the government will not actually construct any wall. The importance of funding authorization by the government is exemplified by the action of the Department of Homeland Security (DHS) to move $271 million, including $155 million from the Disaster
Written by: Taher Kameli, Esq. The Trump administration has proposed many new anti-immigration policies against undocumented immigrants in the United States. However, a traditional approach to limit undocumented immigrants in the United States is to conduct a raid of a business where undocumented immigrants are known to be working and arrest them. The Trump administration is also willing to use this traditional method of restricting undocumented immigrants in the United States, as on August 7, the largest workplace immigration raids in the United States in at least a decade resulted in 680 arrests. These workplace
Written by: Taher Kameli, Esq. The anti-immigration policies of the Trump administration have especially harsh consequences when applied to migrant families. This point is especially true when these policies are applied to migrant children. As another example of the adverse policies of the Trump administration toward migrant children, on August 21, the Trump administration announced a final rule to change the Flores settlement and allow the longer detention of migrant children. The Flores settlement arose from the 1997 case of Flores v. Reno.
Written by: Taher Kameli, Esq. While it is often asserted that immigration programs can involve “life or death” consequences, this argument is especially applicable to the “medical deferred action” program. The “medical deferred action” program allows immigrants to remain in the United States for two-year periods if they can prove extreme medical need. Many of the immigrants covered by the “medical deferred action” program came to the United States through a visa or other permitted status for a period of time and are requesting to stay beyond this period of time to receive necessary medical treatment.
Written by: Taher Kameli, Esq. Throughout the country, many young adults are excitedly commencing their college years as freshmen. For those attending top-ranked schools, such as Harvard University, this excitement is probably even greater. However, in at least one case, U.S. Customs and Border Protection (CBP) has turned this excitement into disappointment, as on August 23, incoming Harvard freshman Ismail B. Ajjawi was turned away from entering the United States by CBP. Ajjawi is a 17-year old Palestinian resident of Tyre, Lebanon. He arrived at Boston’s Logan International Airport as an accepted member of