Federal court Bars ICE From Issuing Certain Detainers Based on Deficient Electronic Databases

Oct28

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

October 28, 2019
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Federal Court Blocks Trump Administration’s expanded “Expedited Removal” Deportation Policy

Federal Court Blocks “Expedited Removal” Deportation Policy
Oct25

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

October 25, 2019
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Trump Administration Resumes “Medical Deferred Action” Program

Trump Resumes “Medical Deferred Action” Program
Oct23

Written by: Taher Kameli, Esq. Given the anti-immigration policies of the Trump administration, it has been the rare case when there is positive news coming from the Trump administration on an issue affecting immigrants.  Since Donald Trump became President, it seems that the only good news for immigrants is when a Federal court steps up to block a policy of the Trump administration. There are also very few instances of the Trump administration reversing course and changing its mind about an anti-immigration policy.  However, as an exception to the above, there is a favorable development for

October 23, 2019
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Federal Court Rules Trump Administration Violated Law with Visa Delays for Afghans And Iraqis Covered By SIV Program

Oct22

Written by: Taher Kameli, Esq. While the general subject of immigrant rights often results in significant political debate, certain groups of immigrants receive special protection under the law.  One such group of immigrants are certain Afghans and Iraqis covered by the Special Immigrant Visa (SIV) program. If you are covered by the SIV program, a law passed in 2013 requires that your visa application must be processed within 9 months.  However, on September 20, a Federal court ruled that the Trump administration violated this law with visa delays for certain Afghans and Iraqis

October 22, 2019
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Trump Administration is Considering Significant Increase in Fees to Appeal Immigration Cases

Trump is Increasing Fees to Appeal Immigration Cases
Oct21

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

October 21, 2019
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Ninth Circuit Recognizes Right of EB-5 Derivative Beneficiaries to Seek Review of I-829 Petition Denials

EB-5 D Beneficiaries Seek Review of I-829 Petition Denials
Oct18

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

October 18, 2019
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Supreme Court Grants Stay of Injunction Allowing Trump Administration’s New Asylum Restrictions to Take Effect

Trump Administration’s New Asylum Restrictions Take Effect
Oct16

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

October 16, 2019
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Important Dates Forthcoming Before End of Year 2019 for United States’ Residency by Investment Program

Residency by Investment Program EB-5 In United States
Oct14

Written by: Taher Kameli, Esq. Would you like to be a resident of the United States?  The United States, often referred to as the “land of opportunity”, is considered an attractive destination for many immigrants, with its strong economy, high level of education, health care, and standard of living, political freedoms, and diverse culture.  If you are interested in residing in the United States, you should note that important dates will be forthcoming before the end of year 2019 for the United States’ residency by investment program (known as the “EB-5 program”). On July

October 14, 2019
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District Court Judge Reinstates Nationwide Injunction Blocking Trump Administration’s New Asylum Restrictions

Trumps Asylum Restrictions Blocked by Nationwide Injunction
Oct11

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

October 11, 2019
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Top U.S. Asylum Official Reassigned As Part Of Trump Administration’s Anti-Asylum Policies

U.S. Asylum Official Reassigned As Part Of Trump Policies
Oct09

Written by: Taher Kameli, Esq. Asylum has been a basic feature of the U.S. immigration system for immigrants seeking humanitarian refuge in the United States.  Asylum has been under attack by the Trump administration, including President Trump’s comment in a speech that “[t]he asylum program is a scam”.   As further evidence of this attack on asylum, the top U.S. asylum official has been reassigned as part of the Trump administration’s anti-asylum policies. According to an email sent to U.S. Citizenship and Immigration Services (USCIS) staff on September 4, John Lafferty, who had been

October 9, 2019
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