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At Choudhury Law, we address immigration law with a compassionate ear and hand. If you have a question, feel free to submit it for FREE using the form below. Our immigration attorney, Amena Choudhury, will respond with an answer to your most burning question, with the hope that a certain answer will bring you some peace of mindeven in todays stormy political environment.
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Restriction Of Asylum On The Grounds Of Gang
On July 11, 2018, new guidance was given to UCSIS officers who interview asylum seekers at the US’ borders and evaluate refugee applications. According to the guidance, asylum claims on the basis of gang-based or domestic violence are unlikely to meet the criterion of persecution “on account of the applicant’s membership to a particular social group”, unless the home government condones the behavior or demonstrates “a complete helplessness to protect the victims”. Furthermore, an applicant’s illegal entry may “weigh against a favorable exercise of discretion”.
The guidance followed an earlier reversal by Jeff Sessions on June 11, 2018 of a decision by the Board of Immigration Appeals granting a battered woman asylum. Sessions had stated that “he mere fact that a country may have problems effectively policing certain crimes such as domestic violence or gang violence or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim”.Domestic violence victims had been eligible for asylum since 2014.
How Has Congress Tried To Address The Issue
The last push for a major immigration overhaul came in 2013, following a decade in which Congress debated numerous immigration reforms, some considered comprehensive, others piecemeal. The last comprehensive legislation to make it through Congress was under President Ronald Reagan in 1986 it granted legal amnesty to some three million undocumented residents. In 2007, President George W. Bush worked with congressional Democrats to reach a compromise on a new comprehensive bill, but it ultimately failed to win enough support in the Senate.
President Barack Obama pressed hard for a comprehensive bill that would pair a path to legalization for undocumented residents with stronger border security provisions. The Democrat-led Senate passed this legislation in 2013, but the bill stalled in the Republican-controlled House of Representatives.
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What Is Title 42 Amid Backlash Biden Administration Defends Use Of Trump
Groups challenging the use of the order argue that it violates U.S. asylum law.
Title 42 explained by Terry Moran
President Joe Biden vowed to implement a more humane approach to immigration than his predecessor, but now the Biden administration is facing backlash over its use of a Trump-era order to rapidly expel thousands of migrants, mostly Haitian nationals, without giving them a chance to apply for asylum within the United States.
The process is known as Title 42, a reference to part of a U.S. public health code, and according to advocates challenging the administration in court, its use violates U.S. asylum laws.
Despite a chorus of criticism from advocates and Democratic lawmakers over the handling of the crisis at the border in Del Rio, Texas, the administration is defending the use of Title 42 in court.
After more than a week of growing controversy, immigration authorities in Del Rio, Texas, on Friday finished clearing out an encampment of mostly Haitian migrants that at one point expanded to about 15,000 people.
So far, more than a dozen flights have taken about 2,000 people back to Haiti, according to the Department of Homeland Security. About 17,400 have been moved from the camp for processing or to initiate removal proceedings where they will have the chance to claim asylum. About 8,000 at the camp returned to Mexico, according to DHS.
Dismantling Daca & Terminating Tps: A Moral And Economic Disaster That Hurts All Americans
More than one million immigrants living, working, and contributing to our communities are legally protected from deportation by Temporary Protected Status and Deferred Action for Childhood Arrivals . President Trumps continued attempts to deport these members of our families and communities has been one of the defining tenets of his anti-immigrant agenda. By every measure, DACA and TPS have both been a tremendous success, helping to strengthen our communities and grow our economy, but Trump has repeatedly sought to undermine these programs through unilateral executive action. He has also wielded the threat of family separation as leverage to enact dramatic cuts to our legal immigration system, including effectively ending asylum.
The Presidents efforts have been overwhelmingly rejected by the American people, who have been galvanized by the bravery of DACA recipients and TPS holders who have courageously shared their stories. Multiple federal courts including the Supreme Court have repeatedly blocked the Trump Administrations attempts to terminate these programs. These efforts have come at a significant political cost including losing his party control of the House of Representatives in the 2018 election. These same actions continue to threaten his re-election chances this year.
The Trump Administrations Actions Targeting Dreamers and TPS Holders
The Human Impact of Ending DACA and TPS
Targeting Immigrants: A Losing Political Strategy
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How Do Americans Feel About Immigration
A 2021 Gallup poll found that 75 percent of Americans surveyed considered immigration to be good for the United States. At the same time, however, the majority felt that illegal immigration was a significant threat to U.S. national security.
According to a separate poll conducted by Vox and Data for Progress the same year, 69 percent of voters surveyedincluding a majority of Republicanssupported a path to citizenship for undocumented immigrants if they meet certain requirements. A greater share supported citizenship for immigrants brought to the United States when they were minors, who are often referred to as Dreamers.
New Clues On What Immigration Will Look Like In A Second Trump Term
Donald Trump takes the oath of office on January 20, 2017, in Washington, DC.
What would it mean for U.S. immigration policy if, on January 20, 2025, Donald Trump was sworn in as president of the United States? Many people expect a crackdown on illegal immigration. However, recent clues and past actions indicate the more significant impact of a second Trump presidency would be on legal immigration, including the admission of refugees, family immigrants and high-skilled professionals.
Personnel Is Policy: Former President Trumps top allies are preparing to radically reshape the federal government if he is re-elected, purging potentially thousands of civil servants and filling career posts with loyalists to him and his America First ideology . . . The heart of the plan is derived from an executive order known as Schedule F, according to Axios. The publication also reported American Moment, a pro-Trump group, wants to replace current federal workers with applicants who want to cut not just illegal but also legal immigration into the U.S.
It is easy to see how this would result in more restrictive immigration policies. After White House adviser Stephen Miller received pushback the first year he reduced the annual refugee cap, at least one career government employee was reassigned so the individual could not interfere in the future, according to Border Wars: Inside Trumps Assault on Immigration by Julie Hirschfeld Davis and Michael D. Shear.
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The Trump Administration’s Separation Of Families
These policies have devastated communities across the country and directly threatened the lives of thousands of individuals – making all of us less safe.
President Trumps attacks on immigrant families started in his campaign, and began to be institutionalized the first week of his Presidency. In January 2017, the Trump Administration issued a series of executive orders that removed all immigration enforcement priorities, ensuring that virtually every undocumented person in the U.S. would become a priority for deportation. Because enforcement priorities have become nonexistent, there is no room left for the individual assessment of immigration cases. Even worse, thousands of undocumented people have been funneled into mass detention centers in appalling conditions, which are unsafe, crowded, and deadly even moreso in the midst of the COVID-19 pandemic. Reports of abuse in detention have increased, including a horrifying recent whistleblower complaint of women in ICE custody having been forced to undergo sterilizations without their consent. Shortly after President Trump took office, ICE arrests rose by a staggering 30% in FY17, and removal cases involving residents who have been living in the U.S. for longer periods of time have increased dramatically, too. One example is the increased detention and deportation of Black Mauritanians to statelessness, torture and slavery, many of whom have lived in the U.S. for more than 20 years.
Immigration Policy Of Donald Trump
|This article is part of a series about|
Immigration policy, including illegal immigration to the United States, was a signature issue of former U.S. presidentDonald Trump‘s presidential campaign, and his proposed reforms and remarks about this issue generated much publicity. Trump has repeatedly said that illegal immigrants are criminals. Despite Trump never explicitly mentioning correlation, critics have argued that there is an increasing amount of evidence that immigration does not correlate with higher crime rates. Entering the US illegally is a federal crime, making the person who does that a criminal.
A hallmark promise of his campaign was to build a substantial wall on the United StatesMexico border and to force Mexico to pay for the wall. Trump has also expressed support for a variety of “limits on legal immigration and guest-worker visas”, including a “pause” on granting green cards, which Trump says will “allow record immigration levels to subside to more moderate historical averages”. Trump’s proposals regarding H-1B visas frequently changed throughout his presidential campaign, but as of late July 2016, he appeared to oppose the H-1B visa program.
Under pressure from the Trump Administration, Mexico and other Latin American countries strengthened their efforts to stop illegal immigration to the U.S.
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Changes To Resettlement Program
President Trump reduced the cap on the number of refugees resettled in the United States from 110,000 set by President Obama, to 30,000 for FY2019 and 18,000 for FY2020. Trump also added quotas for refugees from particular countries and on those seeking asylum on religious grounds.
Executive Order 13888 added the requirement that state and local governments consent to refugee resettlement in order for federal funds to be used. Resettlement agencies expressed confusion about which governments needed to consent the order required the U.S. Secretary of State and the U.S. Secretary of Health and Human Services to develop a procedure by December 25, 2019. On November 21, three resettlement agencies sued to block the order, arguing it would keep thousands of refugees from being reunited with their families. In January 2020, a federal judge granted the resettlement agencies’ request for a preliminary injunction to block the executive order from going into effect.
What Does Immigration Look Like Now
Over the course of recent weeks, the Trump administration has made sweeping changes to the US immigration system, citing the coronavirus pandemic.
In a little over a month, there have been more than a dozen changes to the system, ranging from postponing immigration hearings to pausing deportation flights to certain countries to swiftly removing migrants arrested at the border and suspending refugee admissions. The changes to the system are being made incrementally, though rapidly.
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Trump’s Attacks On The Legal Immigration System Explained
| By Peniel Ibe, Apr 23, 2020
The Trump administration continues to make harmful changes to U.S. immigration policies. While the administrations cruel policies at the border and ramping up of deportations and immigration raids have garnered the most attention, its other efforts to transform legal immigration have been no less radicaland no less devastating on immigrant communities.
As the world continues to grapples with the impacts of the COVID-19 pandemic, President Trump announced on April 20 that he would sign an executive order to suspend immigration to the United States. The administration continues to exploit the pandemic to implement its anti-immigrant agenda.
This order follows a series of attacks on legal immigration pathways including an expanded travel ban from African and Muslim majority countries, and a rapid dismantling of the asylum system. The administration also issued an order to allow an increased, systemic rapid expulsion of asylum seekers including migrants found at the border and children.
What’s more, the Trump administration has bypassed Congresss lawmaking authority and used its executive powers to rewrite immigration policywith little or no pushback from Congress itself.
Here is a running list of Trumps attacks on the legal immigration system.
Who Is Being Deported Under Title 42
Nearly two week ago, thousands of migrants, mostly Haitian nationals, began arriving at the Texas-Mexico border in Del Rio. At one point, there were more than 14,000 migrants, with thousands sheltering under an international bridge.
The influx of migrants from Haiti came after civil unrest erupted this summer following the assassination of Haitian President Jovenal Moïse as well as a 7.2 magnitude earthquake that devastated the Caribbean nation.
Many Haitian migrants have also been in South America for about a decade ever since the 2010 earthquake caused massive damage and social and economic instability throughout Haiti considered the poorest country in the Western Hemisphere.
We are definitely seeing a high number of Black immigrants, Haitian immigrants in particular, immigrants from the African continent who are not even given the tiniest opportunity to explain their experiences and request asylum, said Breanne Palmer, the policy and community advocacy counsel at the UndocuBlack Network, an advocacy group for undocumented Black individuals.
we have the authority to expel individuals under the laws that Centers for Disease control have, Mayorkas told ABC News. It is their public health authority under Title 42 and that is what we will bring to bear to address the situation in Del Rio, Texas.
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How Trump Created A New Global Capital Of Exiles
More than anything else, Trump and Miller tried to make it as painful as possible to seek asylum in the U.S. Whereas prior to the Trump administration, most asylum seekers were paroled as they awaited the outcome of their cases, at various times during Trumps tenure, more than 90 percent of asylum seekers in the U.S. remained locked in detention centers. Some families who fled political persecution in their home countries spent over a year in jail where they had hoped to find freedom. Even the family separation crisis was a result of efforts to deter migrants, including those seeking asylum.
Trumps broadsides against asylum didnt stop after Biden won the election. During the time before inauguration, the outgoing administration issued new rules, orders and guidelines on asylum at break-neck speed. I cant do my job, because I dont know what the law will be next week, one asylum attorney told me in December. While issuing new policies with weeks left in a presidency might have seemed simply petty, it had a serious effect: Much of it cannot be dismantled overnight. Even advocates acknowledge that to properly change things, the Biden team will have to produce studies and legal arguments, draft new plans, and, at times, allow for lengthy public comment periods, before they alter the Trump doctrine.
Former President Trump addresses CPAC on Feb. 28, 2021, in Orlando, Florida.|Joe Raedle/Getty Images
President Trump Reduced Legal Immigration He Did Not Reduce Illegal Immigration
President Trump entered the White House with the goal of reducing legal immigration by 63 percent. Trump was wildly successful in reducing legal immigration. By November 2020, the Trump administration reduced the number of green cards issued to people abroad by at least 418,453 and the number of nonimmigrant visas by at least 11,178,668 during his first term through November 2020. President Trump also entered the White House with the goal of eliminating illegal immigration but Trump oversaw a virtual collapse in interior immigration enforcement and the stabilization of the illegal immigrant population. Thus, Trump succeeded in reduce legal immigration and failed to eliminate illegal immigration.
Figure 1 shows the monthly number of green cards issued to immigrants outside of the United States. In most years, about half of all green cards are issued to immigrants who already reside in the United States on another visa. Thus, the number of green cards issued to immigrants abroad is a better metric of the annual inflow of lawful permanent residents than the total number issued. Trump cut the average number of monthly green cards issued by 18.2 percent relative to Obamas second term, but that average monthly decline hides the virtual end of legal immigration from April 2020 onward.
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A Review Of Trump Immigration Policy
In this screenshot from the RNCs livestream of the 2020 Republican National Convention, Donald … Trump hosts a naturalization ceremony for new citizens in a pre-recorded video broadcasted during the virtual convention on August 25, 2020.
At the Republican National Convention, Donald Trump and his supporters have given the impression that Trump administration policy, while tough on illegal immigration, has been welcoming to legal immigrants, people trying to become American citizens and refugees fleeing government persecution. Below is a review of Trump administration policies on legal immigration from 2017 to the present.
Legal Immigration Cut in Half, Most Categories Blocked: By 2021, Donald Trump will have reduced legal immigration by 49% since becoming president without any change in U.S. immigration law, according to a National Foundation for American Policy analysis. An blocked the entry of legal immigrants to the United States in almost all categories.
Reducing legal immigration most harms refugees, employers and Americans who want to live with their spouses, parents or children, but it also affects the countrys future labor force and economic growth: Average annual labor force growth, a key component of the nations economic growth, will be approximately 59% lower as a result of the administrations immigration policies, if the policies continue, according to the National Foundation for American Policy.