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Irvine Immigration Law Blog

Justice Department asks for delay of DACA injunction

Texas and six other states (none of which are California) have filed a lawsuit against the Trump administration seeking to end Deferred Action for Childhood Arrivals (DACA), the 2012 program created by the Obama administration to protect 700,000 young immigrants who entered the country from being deported.

Now in early June of 2018, the Justice Department responded to Texas’ request for an injunction in its challenge to DACA. The states (the others are Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia) claim that the program was unlawful because the administration overstepped its authority. They now want to immediately cancel all DACA permits because they are unlawful and not issue any new ones. This would effectively kill the program, phasing it out within two years.

Trump blames Dems for separating asylum seekers from their kids

The president’s platform regarding immigration has been controversial from his earliest days as a candidate. The recent escalation in the spring of 2018 now involves more aggressive actions from the administration in separating detained asylum seekers from their children.

The May 26 tweet explained

What are “sanctuary cities”?

If you’ve been reading the news lately, you’ve probably seen the term “sanctuary city” as part of the national debate on immigration. But what are sanctuary cities, exactly? Do they exist in California? And what do they mean for you?

Though there isn’t a strict definition of what “sanctuary city” actually means, here are some things that are usually true and where that distinction comes from.

Plattsburg group provides instructions on how to enter Canada

Canadian officials are crying foul after it discovered that a group in Plattsburg, New York, distributed fliers with instructions on how to enter Canada and seek asylum. The group calling itself Plattsburgh Cares posted an estimated 20,000 fliers that included a map and instructions to thousands of asylum seekers leaving the United States for Canada.

According a news article by Canadian television, the instructions include information about the cost of a cab ride to a drop off point where they will be able to carry their belongings across the border. The sheet also advises the asylum seekers to ignore instructions from the Royal Canadian Mounted Police when the officials tell them to cross at the Lacolle border crossing and that they will be arrested. The sheet also provides phone numbers to get legal advice and information how to apply for refugee status in Canada through the Safe Third Country Agreement.

Common red flags in a K-1 fiancé visa application

If you’ve fallen in love with an American and want to come to the U.S. to get married, you have a deep emotional interest in getting your visa application accepted. The success of this application can have life-changing implications on your future as a couple.

Unfortunately, just knowing that you’re committed to each other and having a deep desire to establish a life together isn’t enough. K-1 fiancé visa applications are some of the most closely scrutinized applications by U.S. immigration officials. In 2017, over 37 percent of all K-1 visa applications were rejected—which is one of the highest of all visa refusal rates.

New Immigration Policy Could Separate Children From Parent

Candidate Donald Trump made the issue of border security a cornerstone of his presidential campaign. Now the latest salvo in the Trump administration’s ongoing campaign to discourage illegal crossings is that every person caught illegally crossing the border will now face federal prosecution, regardless of whether they have their children with them. In the past, families crossing the border would be detained together, charged with a misdemeanor federal offense, and then later released rather than prosecuting them.

This policy will also apply to those seeking asylum that do not go to the official U.S. port of entries to do so. Moreover, those later granted asylum could still have that federal conviction on their criminal record. Critics are noting that prosecuting immigrants before they are allowed to pursue claims for asylum may be against the international treaty of obligations. Additional policies will need to be enacted to address this specific situation.

The shifting demographics of US immigrants

In the 242 years since it was founded, the United States has become a destination for immigrants all over the world. The country is now known as a cultural melting pot that is home to hundreds of cultures. In fact, the U.S.’s population is now composed of 15 percent of foreign-born residents.

But what are the countries that contribute the most immigrants to the United States? The demographics of immigrants in the country has shifted significantly over the years.

LGBTQ asylum seekers face an excruciating wait

The United States has some of the most progressive laws in the world when it comes to LGBTQ rights. Though many LGBTQ Americans still face de facto discrimination, the country’s laws permit same-sex marriage, allow same-sex couples to adopt children and provide many other forms of protection. The U.S. is one of the few countries in the world where its residents can openly love someone of the same gender.

As a result, the U.S. has become a popular destination for LGBTQ asylum seekers around the world. They come from countries whose laws allow—or even encourage—persecution based on sexual orientation. But for LGBTQ migrants, the asylum process is not easy.

Supreme Court will allow California immigrant to remain in US

For immigrants who are living in the United States, deportation is an ever-present fear. With anti-immigration sentiment seeming to grow stronger every day, many immigrants are concerned for their futures. The current administration has made numerous changes to immigration policy that makes it easier than ever for U.S. Immigrations and Customs Enforcement (ICE) to arrest, detain and deport foreign nationals.

But a new ruling by the U.S. Supreme Court could more difficult to deport certain immigrants. On Tuesday, the court ruled that the State of California could not deport an immigrant who had committed a burglary because his crime was not an aggravated felony. The ruling will set an important precedent for deporting immigrants who have committed felonies.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber