Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBC reports it obtained a draft plan that shows officials wanted to specifically target parents in migrant families for increased prosecutions, contradicting previous statements from the administration claiming it had no policy of separating families but was simply enforcing the law. The copy of the draft plan obtained by NBC also includes comments showing that officials considered speeding up migrant children’s deportations by denying them asylum hearings after separating them from their parents.
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Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBS News reports that the partial federal government shutdown has closed most immigration courts. AILA Associate Director of Government Relations Kate Voigt said, “Holding the government hostage for a border wall isn’t going to do anything to make the country safer, but it will make the immigration courts worse.” The Washington PostEditorial Board noted the irony of “a president who conjures migrant no-shows in courts manag[ing] to close the courts entirely.
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Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The 9th Circuit just ruled that it was unlawful for Trump to deny Central Americans into the U.S. to apply for asylum and cannot unilaterally stop asylum laws.
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Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The New York Times reports that as the Trump administration moves to expand family detention, two of the government’s own medical consultants sent a letter to the Senate’s Whistleblower Protection Caucus detailing a series of 10 investigations over the past four years that “frequently revealed serious compliance issues resulting in harm to children.”
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Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The New York Times reports that effective August 9, 2018, the Trump administration plans to crack down on international students and visitors who overstay their visas, stoking fears in the higher education community that President Trump’s aggressive immigration policies will hinder university efforts to attract the brightest minds from overseas.
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Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS announced that it has issued a waiver that eliminates its “obligation to comply with various laws” in the vicinity of the U.S.-Mexico border, beginning at the Santa Teresa, New Mexico port of entry and extending 20 miles westward, in order to “ensure the expeditious construction of barriers and roads.” DHS published a notice of determination regarding the waiver in the Federal Register on January 22, 2018.
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Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A District court order in Regents of the University of California v. DHS, which directed DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the September 5, 2017, rescission of DACA, including allowing DACA enrollees to renew their enrollments, with certain exceptions.
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Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
a number of claims about the family-based immigration system made by elected officials and media pundits in recent weeks, debunking many of them. CBS News also fact checked President Trump’s recent characterization of the Diversity Visa Lottery program, explaining how the program actually functions
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Posted on December 11, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country even if they are unemployed. Each year the United States also admits noncitizens on a temporary basis. Annually, Congress and the President determine a separate number for refugee admissions.
Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed.
One President cannot simply ‘erase’ all the laws regarding immigration to create fear and to try to make political points. One such way to come into the U.S. is based on Family Immigration. Family unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.
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