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.
For September 2015, we are proud to present Aura Carrera of Heber City, Utah as our client of the month. Her green card arrived last month and she is heading home to Guatemala for the first time in over twenty years, a resident returning to visit family after nearly a quarter century. Aura’s case was a fight from the beginning. When she came to Ava Benach, Aura had a removal order from an immigration judge in Salt Lake City, Utah and a determination for the U.S.
Much of the world rejoiced yesterday upon seeing the photos of Caitlyn Jenner’s exquisite transformation on the cover of the June issue of Vanity Fair. Much of the commentary I saw focused not so much on her physical appearance, but how she looked at peace and contented to be herself. As an immigration lawyer who has represented many trans asylum seekers, I know and have seen that look.
The day before the Senate Judiciary Committee advanced the most significant piece of immigration legislation since 1996, the “President of the National Citizenship and Immigration Services Council, the union representing 12,000 United States Citizenship & Immigration Services adjudications officers and staff” sent a letter to Members of the United States Senate in opposition to the immigration reform bill under review in the Senate. Despite claiming to be the “backbone of our nation’s immigration system,” the Union leadership complains that they were not consulted over the proposed immigration reform.
Dear Congressman Bachus, Thank you very much for speaking out about the overuse of detention by Immigration & Customs Enforcement (ICE) in civil proceedings to determine the removability of individuals in the U.S. By stating and asking “it looks to me like there is an overuse of detention by this administration. If these people are not safety risks . . . why are we detaining them?,” you have joined the growing chorus of Americans who wonder why the government, during a time of fiscal crisis, spends so much money locking people up during immigration proceedings when they present no danger to society.
It took only three years longer than promised—and a leak that may or may not have been intentional—but the White House has finally produced a legislative proposal to fix the immigration system. Dubbed the Comprehensive Immigration Reform Act of 2013, the bill would create a pathway to citizenship for most of the 11 million removable noncitizens in the country, mandate the eventual use of E-Verify for most employers, and dull many of the draconian provisions enacted in the 1996 immigration bill.
Yesterday, after receiving a gift of $6 million, Florida Atlantic University announced that it was renaming its stadium “The Geo Group Stadium,” after the for-profit prison company, best known for operating detention facilities on behalf of Immigration & Customs Enforcement. It is remarkable that any university would name a stadium after a prison company, but simply stunning that Florida Atlantic University, which sits in South Florida, a community that has been decimated by the overuse of civil immigration, would be so tone deaf as to think this was a good idea.
It has been a tough week for the ICE bureaucrats who have sought to undermine the political leadership of this country to pursue their own restrictivist and nativist agenda. Regular readers of this blog (my wife and my mother), will know that we have sought to document the efforts of bureaucrats within ICE to stymie intelligent immigration enforcement through insubordination, lawsuits, leaks, and more generic tactics like refusal to complete trainings and sick-outs.
There is a single line in the President’s immigration proposal that has escaped a lot of attention. As the idiotic “back of the line” concept and the path to citizenship dominate the headlines, the language of the proposal indicates that the administration would like to eliminate one of the most onerous obstacles to asylum for thousands of applicants- the notorious one year rule. If this became law, the President will preside over a vast improvement in U.S.
This morning, we had a chance to review the five page blueprint for immigration reform produced by a bipartisan group of eight Senators. There is a lot to discuss on the blueprint, but one thing specifically jumped out at me: “Once the enforcement measures have been completed, individuals with probationary legal status will be required to go to the back of the line of prospective immigrants, pass an additional background check, pay taxes, learn English and civics, demonstrate a history of work in the United States, and current employment, among other requirements, in order to earn the opportunity to apply for lawful permanent residency.