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
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
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
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
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
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
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
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