USCIS Says Certain Children of U.S. Government Employees And U.S. Armed Forces Members Born Overseas Are Not Automatically U.S. Citizens

Government Employees Born Overseas Not Automatically Citizen
Oct02

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

October 2, 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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Trump Administration Announces Final “Public Charge” Rule Which Can Materially Reduce Legal Immigration

Legal Immigration Reduced Materially by “Public Charge” Rule
Sep26

Written by: Taher Kameli, Esq. Much has been written about the impact of the anti-immigration policies of the Trump administration regarding undocumented immigrants.  However, it appears that the Trump administration is now seeking also to attack legal immigration. On August 12, the Trump administration announced a final “public charge” rule which can materially reduce legal immigration. Finalizing proposed regulations that were issued on October 10, 2018 (and received more than 260,000 public comments), this final “public charge” rule (published in the Federal Register on August 14) amends U.S. Department of Homeland Security (DHS) regulations

September 26, 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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Trump Administration Announces Expanded “Expedited Removal” Deportation Authority

Trump Deportation Authority “Expedited Removal” Expanded
Sep23

Written by: Taher Kameli, Esq. Probably the major limitation on the anti-immigration policies of the Trump administration has been decisions by the Federal judiciary to overturn certain of these policies in court cases.  Therefore, it is not surprising that the Trump administration would try to restrict the ability of judges to review immigration cases. Specifically, on July 22, the Trump administration announced that it will expand its “expedited removal” deportation authority – the ability of immigration officers to deport migrants without them appearing before judges. In an executive order in January 2017, President Trump directed

September 23, 2019
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New Eb-5 Regulations Near Publication May Significantly Modify Eb-5 Requirements

New Eb-5 Regulations May Modify Eb-5 Requirements
Sep11

Written by: Taher Kameli, Esq. The EB-5 program has been a popular vehicle for immigrant investors to obtain green cards, and status as a permanent lawful resident, in the United States.  Under the EB-5 program, by investing $500,000 in a project located in a “targeted employment area” (generally rural areas and areas with high levels of unemployment) (“TEA”) that creates 10 full-time jobs, the immigrant investor generally can obtain a green card.  Persons interested in the EB-5 program should note that new regulations are near publication that may significantly modify the requirements of the

September 11, 2019
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ICE Intending to Assess Thousands Of Dollars In Fines On Some Undocumented Immigrants

ICE Intending to Assess Thousands Of Dollars In Fines
Sep09

Written by: Taher Kameli, Esq. It should come as no surprise to anyone that the Trump administration wants to take adverse action against undocumented immigrants. The latest such example is in the area of financial penalties. Following an executive order by President Trump, U.S. Immigration and Customs Enforcement (ICE) is intending to assess thousands of dollars in fines on some undocumented immigrants. Shortly after taking office, on January 25, 2017, President Trump signed an executive order authorizing “the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens

September 9, 2019
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