Trump Administration Announces Final “Public Charge” Rule Which Can Materially Reduce Legal Immigration

Legal Immigration Reduced Materially by “Public Charge” Rule

Written by: Taher Kameli, Esq. Much has been written about the impact of the anti-immigration policies of the Trump administration regarding undocumented immigrants.  However, it appears that the Trump administration is now seeking also to attack legal immigration. On August 12, the Trump administration announced a final “public charge” rule which can materially reduce legal immigration. Finalizing proposed regulations that were issued on October 10, 2018 (and received more than 260,000 public comments), this final “public charge” rule (published in the Federal Register on August 14) amends U.S. Department of Homeland Security (DHS) regulations

Supreme Court Allows President Trump to Access Certain Department of Defense Funds to Build Border Wall

Supreme Court Allows Trump to Access Funds to Build Wall

Written by: Taher Kameli, Esq. While the Federal judiciary often has been viewed as the best hope to protect immigrant rights against the anti-immigration policies of the Trump administration, concern has been expressed about whether the Supreme Court can in fact serve in this role.  The argument is that the recent appointments of Justice Neil Gorsuch and Justice Brett Kavanaugh to the Supreme Court by President Trump will give the Supreme Court a conservative bent that will cause it to support the anti-immigration policies of the Trump administration.  As one decision that appears to support this

Trump Administration Announces Expanded “Expedited Removal” Deportation Authority

Trump Deportation Authority “Expedited Removal” Expanded

Written by: Taher Kameli, Esq. Probably the major limitation on the anti-immigration policies of the Trump administration has been decisions by the Federal judiciary to overturn certain of these policies in court cases.  Therefore, it is not surprising that the Trump administration would try to restrict the ability of judges to review immigration cases. Specifically, on July 22, the Trump administration announced that it will expand its “expedited removal” deportation authority – the ability of immigration officers to deport migrants without them appearing before judges. In an executive order in January 2017, President Trump directed

New Study Shows ICE is Not Targeting Serious Criminals

New Study Shows ICE is Not Targeting Serious Criminals

Written by: Taher Kameli, Esq. In defending his immigration policies, President Trump often argues that his purpose is to deport “criminals” (“bad hombres”) from the United States.  Notwithstanding this rhetoric, a new study reveals a different result. The study, from Syracuse University’s Transactional Records Access Clearinghouse (TRAC), released on July 19, shows that U.S. Immigration and Customs Enforcement (ICE) is in fact not targeting serious criminals. The TRAC study states that “the latest data from the Immigration Courts through June 2019 shows only 2.8 percent of recent Department of Homeland Security (DHS)

Trump Administration Announces New Rule To Significantly Restrict Asylum Protection For Most Central American Migrants

Restrict Asylum Protection For Central American Migrants

Written by: Taher Kameli, Esq. The Trump administration has taken various actions to restrict the inflow of immigrants from Central America at the U.S. southern border.  Many of these immigrants assert asylum claims to attempt to enter the United States. In probably its most forceful action to limit immigration from Central America, on July 15, the Trump administration announced a new rule to significantly restrict asylum protection for most Central American migrants. Specifically, under the new rule (published in the Federal Register to be effective July 16), subject to 3 limited exceptions, asylum seekers who

Michigan Us District Court Judge Allows New Litigation Challenging Trump’s Travel Ban to Proceed

Judge Allows New Litigation Challenging Trump’s Travel Ban

Written by: Taher Kameli, Esq. While the Federal judiciary has generally protected immigrant rights against the policies of the Trump administration, one exception was the decision by the Supreme Court in the case of Trump v. Hawaii, 138 S. Ct. 2392 (2018), which upheld the validity of President Trump’s travel ban.  However, at least one Federal judge may be reconsidering the issue. In the case of Arab American Civil Rights League v. Trump, 2019 U.S. Dist. LEXIS 114273 (E.D. Mich. 2019), on July 10, Michigan US District

New Eb-5 Regulations Near Publication May Significantly Modify Eb-5 Requirements

New Eb-5 Regulations May Modify Eb-5 Requirements

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

ICE Intending to Assess Thousands Of Dollars In Fines On Some Undocumented Immigrants

ICE Intending to Assess Thousands Of Dollars In Fines

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

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

Supreme Court Blocks Citizenship Question on 2020 Census

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

Federal Judge Blocks ICE from Making Courthouse Arrests of Undocumented Immigrants In Massachusetts

Judge Blocks ICE from Making Courthouse Arrests of immigrant

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

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