Written by: Taher Kameli, Esq. While there is no doubt that President Trump generally supports policies that restrict immigrant rights, how the Trump administration achieves this objective can vary. In some cases, the Trump administration acts directly, announcing a new policy that expressly restricts immigrant rights. In other cases, the Trump administration acts more indirectly, setting forth a new policy that makes it harder for immigrants to attain their immigrant rights. As an example of an indirect limitation on immigrant rights, the Trump administration has proposed increases in certain immigration filing fees. As announced on
Written by: Taher Kameli, Esq. It has been a generally consistent pattern in U.S. immigration policy during the Trump administration – the Trump administration issues an anti-immigration policy, litigation is filed to challenge the policy, and a Federal court issues an injunction to stop the policy from being implemented. As another example of this occurrence of “government by injunction”, a Federal judge in Oregon has temporarily blocked the Trump administration from preventing immigrants who cannot afford health care from obtaining visas. On October 4, President Trump issued, “Presidential Proclamation on the Suspension of Entry of
Written by: Taher Kameli, Esq. An often overlooked disagreement in current U.S. immigration policy is between the Trump administration and certain so-called “sanctuary cities” – generally cities that have laws, regulations, policies, or other practices that obstruct Federal immigration enforcement. The Trump administration has sought to restrict certain Federal funding of “sanctuary cities”. However, on October 31, the U.S. Ninth Circuit Court of Appeals upheld a preliminary injunction stopping the Trump administration from preventing certain Federal funding of “sanctuary cities”. Specifically, in 2017, as a requirement of receiving a Federal police grant (under the Edward
Written by: Taher Kameli, Esq. It has become a regular occurrence for the Trump administration to announce a new restriction on immigrant rights. Thus, it is noteworthy whenever the Trump administration makes an announcement that even somewhat expands immigrant rights. Such is the case with the announcement on October 28 that the Trump administration has extended the validity of work permits for El Salvadorans with temporary protected status (so-called “TPS”) through January 4, 2021. As background, TPS allows certain immigrants to remain in the United States and work legally without deportation if during the
Written by: Taher Kameli, Esq. It has often been said that the only governmental authority that has generally blocked the anti-immigration actions of the Trump administration has been the Federal judiciary. In fact, there is another possible governmental authority that has in certain cases resisted the anti-immigration policies of the Trump administration – the states. As an example of such state opposition to the anti-immigration policies of the Trump administration, despite requests from the Trump administration, many state Departments of Motor Vehicles have not turned over driver’s license records to the Census Bureau. In June,
Written by: Taher Kameli, Esq. President Trump has many groups of people that he dislikes – House Democrats, “Never Trump” Republicans, and the “mainstream media”. Besides these groups, in making a list of the persons disfavored by President Trump, asylum seekers and other detained migrants would also need to be included. In the latest example of the Trump administration taking action against asylum seekers and other detained migrants, on October 21, the Justice Department announced plans to collect DNA samples from asylum seekers and other detained migrants. As summarized in a “proposed rule” to
Written by: Taher Kameli, Esq. U.S. immigration policy since Donald Trump became President in January 2017 has generally followed a consistent path – the Trump administration will issue a controversial anti-immigration policy, litigation will be filed against the policy, and no one knows for certain if the policy will take effect until the litigation is resolved. Such is the case concerning the Trump administration’s final “public charge” rule, announced in August and due to take effect on October 15. However, on October 11, 3 Federal courts issued injunctions against the Trump administration’s final “public charge” rule.
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. When the Federal judiciary has blocked anti-immigration policies of the Trump administration, it has most commonly been Federal judges in California (U.S. District Courts in California, and the U.S. Court of Appeals for the Ninth Circuit in California) that have issued these rulings. As California is viewed as a “liberal-leaning, Blue state”, such results are not surprising. However, even Federal judges from “conservative-leaning, Red states”, such as Texas, can issue decisions that are adverse to the anti-immigration policies of the Trump administration. As one example of such a decision, a Federal
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