Expanded Travel Ban on North Korea, Venezuela, etc.

According to the New York Times, starting next month, most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea will be indefinitely banned from entering the United States – yet another unconstitutional #Trumptravelban.  Citizens of Iraq and some groups of people in Venezuela who seek to visit the United States will face restrictions or heightened scrutiny.

The new order is more far-reaching than the president’s original travel ban, imposing permanent restrictions on travel, rather than the 90-day suspension that Mr. Trump authorized soon after taking office.

Students on F-1 visa or investor with E-1/E-2 or L-1 visas who are already in the United States can finish their studies and employees of businesses in the United States who are from the targeted countries may stay for as long as their existing visas remain valid. People whose visas expire will be subject to the travel ban.

The proclamation imposes the most severe restrictions on Syria and North Korea, which Mr. Trump says fail to cooperate with the United States in any respect. All citizens from those countries will be denied visas to enter the United States once the proclamation goes into effect.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

DACA Expiration – Steps going forward…

On Sept. 5, 2017, the Trump administration announced the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama.  Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from DACA and have valid employment cards so they can work and attend college.  All DACA recipients have no criminal history and are law abiding young immigrants who entered the U.S. under the age of 15.  The Trump administration has indicated that he is willing to provide some protection to young immigrants but he wants Congress to pass a bill into law.  To date, no such legislation has been successfully passed into law and that is why President Obama executed an executive order implementing DACA.  Below are common questions about the DACA expiration.

Questions about DACA/Employment Card Phase-out:

  1. Can I renew my DACA before it ends in March 2018?  Yes, if your DACA expires between Sept. 5, 2017, and March 5, 2018, U.S. Citizenship and Immigration Services must receive your properly filed I-821D DACA renewal request on or before Oct. 5, 2017.
  2. What is my DACA expired before September 5, 2017 and I did not submit a renewal application? The DACA process is no longer available to you and you cannot file for renewal.
  3. What can I do is I lost my DACA employment card?  You can file to replace your lost DACA employment card.
  4. What will happen to current DACA holders?  Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.
  5. When DACA ends, will those cases be referred to ICE for enforcement/deportation? Information provided to U.S. Citizenship and Immigration Services (USCIS) in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE (such as criminal conviction or meeting other grounds for removal).  This policy may be modified, superseded, or rescinded at any time.
  6. Can DACA recipients apply for advance parole to travel outside the U.S.?  Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole.  USCIS will administratively close all pending Form I-131 applications for advance parole under standards associated with the DACA program, and will refund all associated fees.
  7. What is breakdown of DACA expiration due to DACA phase-out?  From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire. From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire.

For more information on DACA expiration, contact Gail Law Firm:

Email: Gail@GailLaw.com

Phone: 1-877-GAIL-LAW or 407-292-7730

www.MyOrlandoImmigrationLawyer.com

FREE in-office consultation – FREE Live Chat

 

Copyright © Law Offices of Gail S. Seeram, 2017. All Rights Reserved.

Immigration Reform Under Trump – Impossible!

Trump’s  recent actions and words indicate that immigration reform under Trump presidency will be impossible.  His latest pardon of Arizona Sheriff Joe Arpaio, a racist who violated the Constitution in his mad pursuit of illegal immigrants is a strong indication of Trump stand on immigration – apprehending illegal immigrants even if in violation of the Constitution.  Also, Trump is threatening a government shutdown in terms of not approving the budget if the U.S.-Mexico border wall is not built.

In 2006, Congress unsuccessfully tried passing an immigration bill that required undocumented immigrants to pay a fine and any back taxes to apply for a six-year worker visa but the House did not vote to pass the bill.  Again, in 2013, an immigration bill that would grant a 13 year path to citizenship to unauthorized immigrants did not get enough votes to become law.

Immigration reform under Trump is highly unlikely since his priority is appealing to his “America First” base who have forgotten that their great-grandparents or great-great-grandparents were also  immigrants.  The only immigration reform under Trump is the inhumane treatment of humans whose only mistake is seeking a better life in the greatest country in the world!

For more information on immigration reform under Trump,

email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2016, Law Offices of Gail S. Seeram. All Rights Reserved.

28% Increase in Orders of Removal Under Trump

Courtesy of Law360.com – reporting by Allissa Wickham. Editing by Christine Chun.

Between the time President Donald Trump took office earlier this year and the end of July, nearly 50,000 unauthorized immigrants were ordered removed from the U.S., a 28 percent increase over last year, according to statistics released Tuesday by the immigration review branch of the U.S Department of Justice.

The DOJ’s Executive Office of Immigration Review collected the data, which also indicated that total orders of removal combined with voluntary departures by immigrants in the U.S. between Feb. 1 and July 31 were up close to 31 percent over that same period last year. Final decisions issued by immigration judges also rose 14.5 percent during that time frame this year, the DOJ statement, which featured only timeline statistics, said on Tuesday.

Between Feb. 1 and July 31 this year, 49,983 unauthorized immigrants were ordered removed, compared to 39,113 last year. Another 7,086 unauthorized immigrants agreed to voluntarily depart the U.S., bringing the total removal and voluntary departures so far this year to 57,069. The total orders of removal and voluntary departures in that same six months last year was 43,595.

There was also a total of 73,127 final decisions issued by immigration judges between February and the end of July this year, compared to 63,850 issued in that window last year.

The boost in orders of removal over last year could be the product of Trump’s signing of an executive order on Jan. 25 requiring more stringent enforcement on immigration.

The order called for the hiring of 10,000 more immigration officers, targeted funding for so-called sanctuary cities and revived a controversial information sharing program known as Secure Communities, which allows fingerprints of arrested individuals to be checked against U.S. Department of Homeland Security databases.

According to the DOJ statement on Tuesday, the agency mobilized more than 100 existing immigration judges to DHS detention facilities across the country after Trump signed his Jan. 25 order. More than 90 percent of the cases those new judges oversaw resulted in orders or removal requiring unauthorized immigrants to depart or be removed, the DOJ said.

The Justice Department has also hired an additional 54 immigration judges since Trump took office “and continues to hire new immigration judges each month,” its statement said. (more…)

Trump Support RAISE Act to Stop Legal Immigration

“The bottom line here is that the President believes we should have a merit-based system of immigration in this country,” the first official told CNN.  Today, Trump was joined by Republican Sens. David Perdue and Tom Cotton at the White House to discuss introduction of a new bill that looks to stop legal immigration into the United States by proposing a skills-based immigration system and reduce family-based immigration.

The bill cut back on what’s referred to as “chain migration,” ways of families immigrating to the United States that are based on family relationship and not based on skills. The bill would limit the types of family members of immigrants that can also be brought to the US to primarily spouses and minor children, would eliminate the international diversity visa lottery and limit the number of annual refugee admissions.

Don’t be fooled by arguments made by supporters of this legislation: there’s nothing smart or “merit-based” about this extremist proposal. If passed, this bill will hurt our economy and most importantly, it will prevent grandparents, mothers, fathers, and siblings from being able to legally reunite with their family members here in the U.S., reversing nearly a century of well-established policy that recognizes the value of keeping families together. (more…)

Trump Travel Ban Partially Enforced & Reviewed by U.S. Supreme Court

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…)

Trump says Dreamers Stay & DACA (Deferred Action for Childhood Arrivals) will remain in effect

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…)

Trump Order to Cut Aid to Sanctuary Cities Blocked by Court

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…)

Trump H-1B Executive Order

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…)

Trump Travel Ban #2 Blocked by Federal Court

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…)