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Irvine Immigration Law Blog

Trump administration aims to end DACA via Supreme Court

The Deferred Action for Childhood Arrivals (DACA) program has been a thorny issue for the Trump administration. The program, which allows undocumented immigrants who’ve been in the U.S. since childhood to remain, has proven difficult to do away with. DACA’s popularity, coupled with its seemingly impervious position to legal challenges, has made it a contentious issue for an administration that has repeatedly sought to dismantle it.

After a federal judge recently issued an order to restart DACA, the Trump administration is now turning to the Supreme Court in search of a reversal. The Justice Department has announced its intent to appeal the federal judge’s decision to the U.S. Court of Appeals for the 9th Circuit, as well as to the Supreme Court. It’s a rarely seen maneuver in an effort to eradicate the Obama-era program.

California has 3 of the top 10 cities in the US for immigrants

It is no secret that the Trump administration has ramped up its efforts against immigration. The administration’s widespread crackdown has made it difficult for many immigrants to find a safe and welcoming home in the country that they love.To combat the widespread animosity toward the immigrant community, several cities have increased their efforts to attract newcomers from all countries. A new list examines some of these cities and ranks them according to how welcoming they are for immigrants.

The New York Immigration Coalition and the money transfer service TransferWise examined the 50 most populous cities in the United States and selected the 10 that are friendliest for immigrants. The two organizations considered a broad range of criteria including availability of programs to assist immigrants, willingness to shield immigrants from deportation and level of cooperation with Immigration and Customs Enforcement. Three of the cities on the list are located in California. This may be due to California’s status as a so-called “sanctuary state” that limits the cooperation of local authorities with federal immigration enforcement. The three California cities ranked among the best in the country for immigrants are:

Trump’s plans to end DACA involve a border wall

This fall, the Trump administration officially announced plans to end the Deferred Action for Childhood Arrivals (DACA) program. Last week, the president and Republican lawmakers were attempting to come up with a solution for the undocumented immigrants living in the U.S. An agreement on funding and a permanent replacement plan for DACA youth needs to be reached by January 19, 2018.

 

More employers are threatening to deport immigrant workers

Many foreign-born nationals live with the constant worry of someone questioning their immigration status, threatening to deport them or even contacting the authorities to detain them. As it turns out, this fear may be warranted. In the past two years, the number of immigrants whose employers have threatened to have them deported has risen dramatically.

California’s Labor Commissioner’s Office states that in 2015, there were only seven formal complaints regarding immigration-related threats from employers. By 2016, however, that number had risen to 20. Last year, there were 94 complaints of immigration-related retaliation filed in the state of California.

Trump may separate families to discourage illegal immigration

Many of the immigrants who come to the United States are trying to secure a better future for their families. With few opportunities for advancement in their countries of origin, the United States seems like an opportunity for a better life. However, if the Trump administration’s new measures to separate immigrant families are successful, that may all change.

President Trump is allegedly considering several new proposals that would target and split up migrant families in an attempt to curb illegal immigration. The administration would also attempt to deport immigrant parents in the United States who send for their children from other countries.

Federal inquiry finds significant issues at ICE detention centers

A federal investigation of four detainment centers used by Immigration and Customs Enforcement (ICE) found immigrant treatment lacking. The centers from the investigation were in California, Georgia, New Jersey and New Mexico.

 

Ex-Marine wins case, returns to US after deportation to Mexico

Fifteen years ago, a former Marine was deported to Mexico after being convicted for a minor crime. Over the years, he never gave up in his fight to return to the United States. Now, he will be allowed to return to his home in Iowa to be with his family.

His ordeal began in 1998, after being convicted of a crime under tenuous circumstances. The Marine was charged with animal cruelty after being accused of beating a dog. Although he has always maintained his innocence, he was convicted and sentenced to two years in prison. After being released within 15 months for good behavior, the man was deported to his native Mexico.

ICE must use due process if detaining teen immigrants

A recent class action lawsuit has determined that Immigration and Customs Enforcement may not detain teenage immigrant without the use of due process. The American Civil Liberties Union and the ACLU of Northern California recently won a federal class-action lawsuit that they filed on behalf of immigrant minors who were arrested and unlawfully detained on allegations of gang membership.

A district court in California heard the lawsuit, Saravia v. Sessions. According to its decision, the government is required to present evidence to justify the detention of an immigrant minor. It also ruled that the minor has a right to a hearing before he or she is detained. Since the court ruling on Saraviaover a dozen minors who were detained under similar conditions were ordered released.

Over 900 DACA applicants rejected due to mail error

Without a doubt, government bureaucracy and red tape can cause a lot of headaches. Usually, these are small issues that are resolved fairly quickly. Recently, though, there was a major bureaucratic mishap that affected nearly a thousand people. Due to a mailing delay, the United States Citizenship and Immigration Services mistakenly rejected the work renewal applications of over 900 immigrants.

The people affected were young immigrants who were requesting temporary renewal for their work permits under the Deferred Action for Childhood Arrivals program, or DACA. The program allows approximately 800,000 people whose parents brought them to the United States illegally to remain in the country without risk of deportation. Though the Trump administration has canceled DACA, residents whose permits were set to expire before March 5, 2018, were given the choice to renew their applications for a period of two years.

Understanding the different types of asylum hearings

The asylum process can be different for everyone. One thing that most cases have in common, however, is that there will probably be an asylum hearing. An asylum hearing is a type of court hearing in which an immigration judge issues a ruling regarding an individual’s asylum process.

If you are seeking asylum, you may be wondering what kind of hearing you will eventually have. In this post, we’ll go over the different types of asylum hearings in the United States:

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