PRESIDENT TRUMP SEEKS TO SUSPEND ENTRY OF IMMIGRANTS WHO WILL FINANCIALLY BURDEN THE US HEALTHCARE SYSTEM

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 states,

FEDERAL COURT BARS ICE FROM ISSUING CERTAIN DETAINERS BASED ON DEFICIENT ELECTRONIC DATABASES

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 essence, ICE officers,

FEDERAL COURT BLOCKS TRUMP ADMINISTRATION’S EXPANDED “EXPEDITED REMOVAL” DEPORTATION POLICY

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

TRUMP ADMINISTRATION RESUMES “MEDICAL DEFERRED ACTION” PROGRAM

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

FEDERAL COURT RULES TRUMP ADMINISTRATION VIOLATED LAW WITH VISA DELAYS FOR AFGHANS AND IRAQIS COVERED BY SIV PROGRAM

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 covered by the

H-1B AND L-1 PETITION DENIALS AND REQUESTS FOR EVIDENCE HAVE INCREASED DURING TRUMP ADMINISTRATION

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 denied

DHS TO MOVE $271 MILLION, INCLUDING $155 MILLION FROM FEMA’S DISASTER RELIEF FUND, TO SUPPORT PRESIDENT TRUMP’S IMMIGRATION ENFORCEMENT EFFORTS

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 Relief Fund

LARGEST WORKPLACE IMMIGRATION RAIDS IN AT LEAST A DECADE RESULT IN 680 ARRESTS

Written by: Taher Kameli, Esq. The Trump administration has proposed many new anti-immigration policies against undocumented immigrants in the United States.  However, a traditional approach to limit undocumented immigrants in the United States is to conduct a raid of a business where undocumented immigrants are known to be working and arrest them.  The Trump administration is also willing to use this traditional method of restricting undocumented immigrants in the United States, as on August 7, the largest workplace immigration raids in the United States in at least a decade resulted in 680 arrests. These workplace

USCIS SAYS CERTAIN CHILDREN OF U.S. GOVERNMENT EMPLOYEES AND U.S. ARMED FORCES MEMBERS BORN OVERSEAS ARE NOT AUTOMATICALLY U.S. CITIZENS

Written by: Taher Kameli, Esq While one can easily criticize many of the anti-immigration policies issued by the Trump administration for their substantive positions, to the extent that government policy consistency is beneficial, you cannot fault the Trump administration for lack of general consistency on immigration issues.  Whatever the immigration issue, from migrant rights to green card rights to citizenship rights, the Trump administration will generally consistently adopt the position on the issue that restricts, and is adverse to, such migrant rights, green card rights, or citizenship rights. As another example of the Trump administration’s generally consistent

TRUMP ADMINISTRATION ANNOUNCES FINAL RULE TO CHANGE FLORES SETTLEMENT AND ALLOW LONGER DETENTION OF MIGRANT CHILDREN

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