Last week, Judge William Orrick, a federal district judge for Northern California, permanently blocked President Trump’s executive order cutting federal funds to sanctuary cities that refuse to comply with federal efforts to detain and deport undocumented immigrants. In his ruling, the judge writes that the executive order violates the US Constitution’s principles of federalism and separation of powers. This decision is the result of a lawsuit brought by the city and county of San Francisco and Santa Clara County challenging the executive order issued in January this year that aimed to cut federal funding for cities which did not comply with a statute that prohibits state and local governments from refusing to relay information about the immigration status of those in their jurisdiction to federal immigration authorities. In his decision, Judge Orrick states: “The Counties have demonstrated that the Executive Order has caused and will cause them constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights.”
Read moreOne of His Last
New Haven Register: “Connecticut women who was to be deported takes refuge in New Haven church”
Since President Trump took office in January, arrests of undocumented immigrants have increased over forty percent compared to the final three months of the Obama administration. Immigration and Customs Enforcement (ICE) agents arrested 13,914 people last month, and the agency averaged 13,085 monthly arrests from February through June of this year. (In the final three months of the Obama administration, ICE averaged 9,134 arrests per month.) While the Trump administration has not converted those arrests into more deportations—rather numbers are steadily dropping—ICE Acting Director Thomas Homan recently explained that the drop is because of the backlog in federal immigration courts and the lengthy time to process each case. Perhaps the most telling piece of data: the biggest increase in arrests involved undocumented immigrants without a criminal record, a 156% increase from last year.
Read moreNew York Times: “Supreme Court Bars Favoring Mothers Over Fathers in Citizenship Case”
The Supreme Court ruled last week that unwed mothers cannot be treated differently than unwed fathers when it comes to matters of children claiming American citizenship, since the gender-based difference violates the equal protection granted by the Constitution. The ruling came out of a case brought by Luis Ramon Morales-Santana, born in the Dominican Republic in 1962 to unwed parents, whose father was an American citizen and a mother who was a non-citizen. Morales-Santana, who has been living in the United States since he was thirteen, was convicted for robbery and attempted murder, among other crimes, causing federal authorities to seek his removal from the US.
Read moreThe Nation: “The Airport Lawyers Who Stood Up to Trump Are Under Attack”
The Northwest Immigrant Rights Project (NWIRP), a Seattle nonprofit that offers legal aid to immigrants facing deportation and a group that was at the forefront of fighting President Trump’s Muslim travel ban, is facing disciplinary action from Jeff Sessions’s Department of Justice (DOJ). Four weeks ago, the DOJ issued a cease and desist letter demanding that the nonprofit group drop representation of their current clients and shut down their asylum-advisory program. The DOJ accused NWIRP of breaking a rule that was originally created in order to prevent attorney misconduct and protect people from lawyers or “notarios” who take their money, but ultimately drop their case. (We’ve previously written about “notarios” and other scams that immigrants face.)
Read moreNew York Times: "Why Even a Live-Tweeting Senator Couldn’t Stop a Deportation”
Last Wednesday, Senator Bob Casey from Pennsylvania tried to stop a deportation on Twitter. The senator had been informed about the plight of a Honduran woman and her son who had tried to seek refuge in the United States after hit men killed her cousin in Honduras. She crossed the US/Mexico border in Texas in December 2015, but failed to pass her credible fear interview, which is necessary to seek asylum. After being held at a detention center in Pennsylvania with her son for over a year, she was going to be returned to Honduras that day.
Read moreWashington Post: “A ‘dreamer’ claims he was secretly deported. The government claims it never happened.”
Juan Manuel Montes Bojorquez, a twenty-three-old Mexican man living in California, is one of the first “DREAMers” to be deported by President Trump, immigration advocates and lawyers are claiming; a removal that would contradict the stated policy by the Department of Homeland Security (DHS) that does not prioritize DACA recipients for removal. The US government and lawyers for Montes have differing versions of the story surrounding Montes’s removal from the US. The US government is claiming that Montes voluntarily left the US and illegally tried to reenter, thus violating the conditions of his DACA status, and lawyers for Montes allege that Customs and Border Protection (CBP) agents removed him from the US despite his valid DACA status.
Read moreLesser Known Paths to Permanent Residency
“How do I get a Green Card” is one of the most common questions attorneys at our law firm receive. And while it may be a surprise to many that a Green Card (that is, permanent residency in the US) is not right for everyone nevertheless people are always keen on obtaining one, especially if they have spent a few years in the US. There are generally two paths to permanent residency—via employment or family. But those aren’t exactly the only ways, and we thought it would be interesting to explore several of the lesser-known paths to that coveted Green Card.
Read moreThe Trump Effect
It’s only been a little over two months since President Trump was sworn in and already his immigration policies, executive orders, and implementation guidelines—not to mention his own anti-immigrant rhetoric—have had a wide-ranging impact on US businesses, educational institutions, international partnerships, industries, and, of course, immigrant communities. Through his interactions with foreign leaders, he is also altering the world’s perception of the United States. What exactly has he done? Here we highlight some areas in which the “Trump Effect” is being felt.
Read moreTrump’s Executive Order "Enhancing Public Safety in the Interior of the United States" – A Sign of Things to Come, or Business as Usual?
In the same week that President Trump issued his now infamous executive order suspending refugee admissions into the US and temporarily barring entry to passport holders from seven predominantly Muslim countries, he also issued two other executive orders that affect immigration. These other two orders—“Border Security and Immigration Enforcement Improvements,” which, among other things, directs the immediate construction of a border wall, and "Enhancing Public Safety in the Interior of the United States"—did not receive quite the same level of media attention as the “travel ban,” which has been the subject of already extensive federal litigation. Still, both may have a very broad impact on immigration and immigrant communities in the US. Trump's other executive actions signed early February—including "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking," which among other actions aims to increase prosecutions for immigration and visa fraud, and "Task Force on Crime Reduction and Public Safety," which will set up a task force to develop "strategies to reduce crime, including, in particular, illegal immigration"— may also signify that the scope of individuals likely to be targeted and deported is widening.
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