Written by: Taher Kameli, Esq. The US government consists of 3 branches – an executive branch (the President and his administration), a legislative branch (the Congress), and a judicial branch (the courts). Because of the anti-immigration policies of President Trump and his administration, and the general inability of Congress to reach an agreement on immigration legislation, it has largely been left to the courts to protect immigrant rights. This point was again evidenced on April 8 when Federal District Court Judge Richard Seeborg in San Francisco issued a preliminary injunction against and stopping President Trump’s Migrant
Written by: Taher Kameli, Esq. The Attorney General has the power to “certify” (review) and overturn prior rulings by immigration courts. Former Attorney General Jeff Sessions used this authority with respect to a number of immigration court decisions, and apparently, new Attorney General William Barr will be doing the same. On April 16, Attorney General Barr announced that a 2005 immigration court decision (Matter of X-K-) “was wrongly decided” and issued a ruling that will result in more asylum seekers being detained without bond while waiting for their cases to be heard.
Written by: Taher Kameli, Esq. There seems to be no end to the arguments being used by the Trump administration to restrict immigrant rights. An increasingly used strategy by the Trump administration is to argue that a visa should be denied because the immigrant would become “ public charges ”. Based on how the Trump administration interprets the term, “public charge”, an increasing number of immigrants, especially Mexicans, are being denied visas to the United States. “Public charge” is a term used by U.S. immigration officials to refer to a person who is considered primarily
Written by: Taher Kameli, Esq. Do you regard people who use marijuana, solely based on their marijuana use, as lacking “good moral character”? Probably not, but unfortunately, U.S. Citizenship and Immigration Services (USCIS) has adopted a different position. Under a “Policy Alert” issued on April 19 by USCIS, a person who engages in certain “marijuana-related activities” may be considered to not have “good moral character” and thereby may be denied U.S. citizenship. To become a naturalized citizen of the United States, an immigrant must demonstrate that he or she had “good moral character” for
Written by: Taher Kameli, Esq. The EB-5 investment program has been a popular vehicle for foreigners to obtain green cards, and permanent lawful residency status, in the United States. As the EB-5 program creates jobs in the United States, it represents a form of immigration that is believed to be favored by President Trump. In fact, the family of President Trump’s son-in-law and advisor, Jared Kushner, has been directly involved in EB-5 projects. Currently, the amount of capital contribution to invest in an EB-5 project is either $500,000 or $1,000,000. The $500,000 amount
Written by: Taher Kameli, Esq. When you think of abused, abandoned or neglected migrant children, you probably feel some sense of humanitarian concern. Unfortunately, it is fair to say that the Trump administration does not issue immigration policies that prioritize such concern. Consistent with its general intention to prevent immigration to the US, the Trump administration recently acted to deny immigration rights to certain abused, abandoned or neglected migrant children. However, on March 15, a Federal District Court Judge ruled against this Trump administration policy and in favor of the immigration rights of certain abused, abandoned
Written by: Taher Kameli, Esq. There are many difficulties that asylum seekers to the United States face in trying to achieve effective legal representation. Language barriers and the financial burden of paying legal fees to a knowledgeable, experienced immigration attorney are just 2 of the problems that asylum seekers must confront. However, those asylum seekers to the United States subject to President Trump’s Migrant Protection Protocols program (known as the “Remain in Mexico” program) must address additional special difficulties in obtaining effective legal representation. Since late January, pursuant to the “Remain in Mexico” program, the
Written by: Taher Kameli, Esq. If you live in a foreign country and have had an issue under the US immigration laws, have you ever used the services of a local office of the U.S. Citizenship and Immigration Services (USCIS) in your foreign country? This local USCIS office may have helped you with a family visa request, an international adoption, a refugee application, or some other matter. Unfortunately, this convenient and accessible support in your foreign country will no longer be available to you under a recent plan announced by the Trump administration. Last
Written by: Taher Kameli, Esq. It is not often that we associate President Trump with immigration rights. However, yesterday, the President did act in favor of 1 group of immigrants. President Trump extended the rights of Liberian immigrants who had protected Deferred Enforced Departure (DED) status to stay in the United States for an additional 1 year. Because of a civil war in Liberia, Liberian immigrants were first granted temporary protected status to live and work in the United States without deportation by President George H.W. Bush in 1991. In 1999, when this temporary
Written by: Taher Kameli, Esq. Can you imagine having a typical day at your workplace before being suddenly arrested for criminal conduct by the US government? Probably not, but such was the fate of more than 280 employees of CVE Technology Group, a technology repair company, located in Allen, Texas (a suburb of Dallas), on April 3. These employees were arrested by a unit of Immigration and Customs Enforcement (ICE) for working in the United States unlawfully. According to Katrina W. Berger, a special agent in charge for ICE’s Homeland Security Investigations in Dallas, “Our focus is the criminal investigation. .