H-1B and L-1 Petition Denials and Requests For Evidence Have Increased During Trump Administration

H-1B and L-1 Petition Denials & Requested Evidence Increased
Oct07

Written by: Taher Kameli, Esq. Much has been said about the hostile policies of the Trump administration toward undocumented immigrants.  While the issue probably receives less attention, the Trump administration also has not proceeded favorably with legal immigration alternatives.  Specifically, based on U.S. Citizenship and Investment Services (USCIS) updated data issued on August 7, H-1B and L-1 petition denials and requests for evidence (RFEs) have increased during the Trump administration. During the first 3 quarters of the current October 1, 2018 to September 30, 2019 fiscal year (through June 30, 2019), USCIS

October 7, 2019
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DHS To Move $271 Million, Including $155 Million From Fema’s Disaster Relief Fund, To Support President Trump’s Immigration Enforcement Efforts

DHS To Move $271 Million, Including $155 Million From Fema
Oct05

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

October 5, 2019
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Trump Administration Announces Final Rule To Change Flores Settlement And Allow Longer Detention Of Migrant Children

Changes To Flores Settlement Allow Longer Detention
Oct01

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. 

October 1, 2019
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Trump Administration Changes “Medical Deferred Action” Program

“Medical Deferred Action” Program & Trump Administration
Sep30

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. 

September 30, 2019
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Incoming Harvard Freshman Turned Away from Entering by U.S. Customs And Border Protection

Harvard Freshman Turned Away from entering the by U.S. CBP
Sep27

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

September 27, 2019
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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
Sep25

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

September 25, 2019
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Federal Courts Issue Different Rulings on Trump Administration’s Effort to Significantly Restrict Asylum Protection

Trump Efforts to Restrict Asylum Protection Significantly
Sep24

Written by: Taher Kameli, Esq. The Federal judiciary has frequently been relied on to block the anti-immigration policies of the Trump administration.  However, as with any litigation, there is no guarantee as to how any Federal judge will rule on any specific immigration law issue.  This point was made abundantly clear on July 24 when 2 Federal courts issued different rulings on the Trump administration’s effort to significantly restrict asylum protection for migrants. These 2 cases involved lawsuits against the new rule of the Trump administration (published in the Federal Register to be effective July

September 24, 2019
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New Study Shows ICE is Not Targeting Serious Criminals

New Study Shows ICE is Not Targeting Serious Criminals
Sep22

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)

September 22, 2019
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Trump Administration Announces New Rule To Significantly Restrict Asylum Protection For Most Central American Migrants

Restrict Asylum Protection For Central American Migrants
Sep21

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

September 21, 2019
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Michigan Us District Court Judge Allows New Litigation Challenging Trump’s Travel Ban to Proceed

Judge Allows New Litigation Challenging Trump’s Travel Ban
Sep20

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

September 20, 2019
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