The law as passed by Congress is very clear as to who may seek asylum in the United States. Immigration & Nationality Act Section 208 states: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable section 235(b).
DACA lives! Maybe? Yesterday, U.S. District Judge John Bates ruled that the Department of Justice’s termination of the DACA program rested on a lack of legal reasoning and was unlawful. Judge Bates was the third federal judge to rule that the administration’s termination of DACA was unlawful. However, Judge Bates went even further than the other courts and Judge ordered not only that the DACA program must stay in place, but that the government must accept NEW applications.
This is the first of several articles detailing the changes to the DACA program announced on Tuesday September 5, 2017. This is meant to give quick and dirty information, whereas the next one we will: (1) get our emotions out; (2) plan our resistance; and (3) offer ideas how DACA holders can protect themselves. Sandwiched between the natural disasters of Hurricanes Harvey and Irma, the Trump administration unleashed its own man made disaster by eliminating Deferred Action for Childhood Arrivals (“DACA”) on September 5, 2017.
The future of President Obama’s program, Deferred Action for Childhood Arrivals (DACA) is the subject of intense speculation and even more significant anxiety. Worry over the fate of the program increased significantly this week after Secretary of Homeland Security General John Kelly told the Congressional Hispanic Caucus that it was not clear that DACA could survive a court challenge being threatened by ten states against the program.
Back in November, we made some predictions about what might occur in a Trump presidency as it relates to immigration. Generally, we were very pessimistic and presumed that almost all areas of immigration would become more difficult and challenging for immigrants, families and communities. This has proven to be true, but not in all of the ways we anticipated. In some areas, such as refugees and admission policies, the administration has been as bad as expected.
Today, on Holocaust Remembrance Day, I am thinking about the M.S. St. Louis. In 1939, while war waged in Europe, the M.S. St. Louis, a transatlantic ship carrying Jewish refugees fleeing the Third Reich, reached U.S. waters by way of Hamburg and Havana. Seeking protection from persecution and a safe place to start over with their families, these refugees hoped to be admitted to the United States of America.
Our December 2016 Client of the Month is another member of the “Dreamers out of Trump’s reach” club. Andres St. Claire and Jazmine St. Claire are clients of the month after Andres was granted residence seven years after marrying Jazmine Andres St. Claire is a Dreamer who got protection under DACA. But before that, he was in love with Jazmine St. Claire, with whom he shared an immigrant experience and a love of video games and dogs.
Our January 2017 Client of the Month is part of our ongoing series of: “Dreamers that Trump can’t touch!” Danieca Bugarin landed in San Francisco, CA on December 30, 2016, presented her immigrant visa, and was admitted to the U.S. as a permanent resident. Her admission to the U.S. as a permanent resident looked so improbable for the past two years because Danieca was snake-bit when it came to immigration.
La semana pasada compartimos lo que puede pasar de primeras durante la presidencia de Trump. No era nuestra meta ser alarmistas, pero tenemos indicios que Trump no se está haciendo para atrás con sus horribles ideas inmigratorias. Su elevación del restriccionista Kris Kobach, el arquitecto de tantas terribles iniciativas y leyes antiinmigrante, demuestra que Trump pretende mantener sus promesas de campaña sobre inmigración. Basado a nuestra asesoría de lo que puede pasar, aquí les compartimos consejos prácticos que usted puede seguir preparándose para la administración de Trump la cual comienza el 20 de enero del 2017.
The shock over the results of Tuesday’s election of Donald Trump has not yet worn off. After two days of triage in hearing from scared clients and friends, we are now forced to confront what will lie ahead for immigration policy in a new administration. Before we go ahead though, it is important to point out a couple of things. First, our take here is speculative- Donald Trump has never voted for anything as a legislator or taken action as a government official.