On June 26, 2017, the U.S. Supreme Court decided to hear the case relating to Trump Travel Ban executive order when it reconvenes in October 2017. In the meantime, the Court will allow the administration to implement parts of Trump’s second executive order, which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States and suspends the admission of all refugees for 120 days. In a narrow decision, the Court ruled that the government can only enforce the Trump travel ban against foreign nationals “who lack any bona fide relationship with a person or entity in the United States.” This outcome is both disappointing and confusing. Parents, spouses, children, in-laws and stepchildren qualify as “close family.” But grandparents, aunts and uncles do not.
There is no doubt this standard will create confusion and that, despite the narrowness of the Court’s decision, the administration will attempt to go further than permitted by the Court in deciding who can enter the U.S. In granting a partial stay, the Supreme Court has determined that individuals from the six countries (all of which have Muslim populations of more than 90 percent) and all refugees can be blocked from entering the United States if they lack the requisite relationship to a person or organization
The Trump travel ban (sometimes known as a Muslim Ban) refers to an Executive Order signed by President Donald Trump on March 6, 2017. This Executive Order is the second of its kind and among other provisions, suspends the entry of foreign nationals from Iran, Libya, Sudan, Somalia, Yemen and Syria for a period of 90 days; freezes the refugee admissions program for a period of 120 days; and slashes the refugee numbers by one half. The litigation around Muslim Ban 2.0 was immediate and resulted in two federal court decisions blocking the most controversial portions of the travel ban. (more…)
The Homeland Security Department announced on June 15, 2017 that it would keep in place the Deferred Action for Childhood Arrivals (DACA) policy, allowing undocumented immigrants brought to the U.S. as children to remain in the country. In effect, Trump says Dreamers stay and has broken his key campaign promise to terminate DACA and immediately deport all illegal immigrants under the DACA program. DACA recipients will continue to be eligible as outlined in the June 15, 2012, memorandum executed by President Obama.
In June 2012, President Obama announced that certain young people who were brought to the United States as young children, who do not present a risk to national security or public safety, and meet several key criteria will be considered for the relief of deferred action for two years and will be eligible for work authorization. Under this directive, (more…)
A judge in San Francisco, William H. Orrick of United States District Court,temporarily blocked President Trump’s executive order to cut federal funds from sanctuary cities that limit their cooperation with immigration enforcement. The judge wrote that the president had overstepped his powers with his January executive order on immigration by tying billions of dollars in federal funding to immigration enforcement. Judge Orrick said only Congress could place such conditions on spending.
The ruling on Trump order to cut aid to sanctuary cities blocked by court applies nationwide and was another judicial setback for the Trump administration, which has now seen three immigration orders stopped by federal courts in its first 100 days.
The maps shown above are based on data collected by the Immigrant Legal Resource Center, specifically looking at jurisdictions that limit how much the local police cooperate with requests from federal authorities to hold immigrants in detention. (more…)
Below is a brief analysis of Trump H-1B Executive Order titled, “Buy American, Hire American” Executive Order, signed by President Trump on 4/18/17.
- On April 18, 2017, President Trump signed a new Executive Order, “Buy American and Hire American.” In the “Hire American” portion of the order, Trump announced he was directing DOL, DOJ, DHS, and DOS to review the current laws governing the H-1B program and suggest changes to prioritize the most skilled and highest paid positions. The President also indicated he was directing federal agencies to review all visa programs and take prompt action to crack down on fraud and abuse in order to protect U.S. workers.
- Although it was signed with ceremonial flair, the Executive Order will have no immediate impact on H-1Bs. Many of the changes to the H-1B program contemplated by the Administration would require legislative action or rulemaking and would take time to go through the necessary processes.
- Though additional measures to combat fraud could be implemented more quickly, documented instances of fraud in the H-1B and other temporary visa programs are actually quite low. Most employers that utilize the H-1B program do so honestly and because they need the skills and talent of a particular worker, and those who don’t can be rooted out by the current anti-fraud provisions and programs.
- In addition, contrary to recent rhetoric, H-1B visas do not generally act as a mechanism to replace American workers. Instead, U.S. businesses use the H-1B to gain access to the sought-after skills of foreign professionals, many of whom graduate from U.S. universities, to complement the U.S. workforce. These foreign professional workers greatly benefit U.S. businesses, U.S. workers, and the economy.
- H-1B visas do not drive down wages for American workers. In fact, some studies show a positive impact on overall wages. On average, H-1B workers actually earn higher wages than similarly employed U.S workers.
- H-1B workers do not reduce U.S. employment rates; rather, they fill employment gaps and expand opportunities for all U.S. workers. Additionally, the unemployment rate for occupations that use H-1B visas is very low as compared to the national unemployment rate.
- U.S. businesses do not seek H-1B workers in order to save money; the fees and costs associated with filing a successful petition are high enough that most employers use the H-1B because they cannot locate a qualified U.S. worker to fill the position.
- Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from B (more…)
A federal judge in Hawaii just issued a nationwide temporary restraining order to block the revised version of President Trump Travel Ban of Muslims from six countries and a refugee ban. Both judges cited Trump’s statements about Muslims during the presidential campaign as part of their rulings.
The federal court in Hawaii and Maryland have now spoken not once, not twice, (more…)
On Monday, March 6, 2017, the Trump administration announced his second attempt at crafting a travel ban that would bar entry of individuals from predominantly muslim countries. Trump travel ban signed on January 27, 2017 was blocked by the U.S. Court of Appeal for the Ninth Circuit. The new Trump travel ban goes into effect on March 16, 2017 and has the following major provisions:
- Iraq removed from the list.
- Targeted countries: Iran, Libya, Somalia, Sudan, Syria and Yemen.
- Current visa holders no longer affected.
- Syrian refugees barred temporarily, not indefinitely and refugees of minority religions no longer favored.
- Refugees already granted asylum will be allowed.
The new Trump travel ban only applies to people from the six countries without current immigrant or non-immigrant visas. Students with valid F, M or J visas will be allowed admission into the U.S. The new order explicitly says that green card holders from the targeted countries will still be allowed. (more…)
“Effective immediately,” DHS shall faithfully execute U.S. immigration laws against “all removable aliens” and will no longer “exempt classes or categories of removable aliens from potential enforcement” – this directive is from the policy memorandum implemented on February 17, 2017 based on Trump’s Executive Order signed on January 25, 2017. Additionally, it directs DHS personnel to arrest, apprehend, and initiate enforcement actions against “any alien whom an immigration officer has probable cause to believe” has violated the immigration laws. This language makes clear that everyone is a priority and amounts to a widespread deportation plan. The Memorandum calls for a massive expansion in detention by requiring DHS to detain nearly everyone it apprehends including those with no criminal convictions.
Many illegal immigrants and green card holders are in a state of panic and fear as Immigration and Custom Enforcement (ICE) has started to apprehend and detained individuals with final order of removals, green card holders convicted of deportable criminal offenses, green card holders charged (not convicted) with a criminal offense, illegal immigrants parole into U.S. with an order of supervisions, and illegal immigrants who entered within the past two years.
What is your safety plan? We recommend a safety plan (more…)
The U.S. Court of Appeals blocked Trump’s travel ban but immigrants and non-immigrants remained worried about deportation under Trump from the United States. Trump signed three immigration executive orders. The travel ban executive order has been getting most of the media attention, however the executive order entitled, “Enhancing Public Safety in the Interior of the United States” signed on January 25, 2017 has already been implemented by Immigration and Custom Enforcement in the U.S.
What can we expect to see immediately (more…)
In the executive order (known as Trump Immigration Travel Ban) signed January 27, 2017, President Trump suspends immigrant (such as green card holders) and nonimmigrant (such as B-1/B-2, F-1, K-1, E-1/E-2, L-1, H-2B, H-1B, visas) entry to the United States of individuals from the following countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days. These countries were previously designated under the 2016 Consolidated Appropriations Act as countries that are “area of concern”.
Within the next 30 days, additional countries can be added to the Trump immigration travel ban list. (more…)
President Trump signed two immigration related executive orders that are intended to follow through on campaign promises to build a wall and deport millions. The orders aimed at “Making America Great Again” seems to forget that America has been made great through the efforts of many immigrants.
The first Trump immigration executive order entitled, “Enhancing Public Safety in the Interior of the U.S.” introductory paragraph states, “Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visa present a significant threat to national security and public safety.” – An incorrect statement in my opinion as NOT all illegal aliens are criminals. The order gives the following directives (more…)