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August 2019 Archives

Citizenship for children of gov employees abroad may be limited

The government continues to change and refine immigration laws for those entering the country legally, illegally, and even for those who are U.S. citizens. The latest example is said to be an alignment between the Department of Defense (DOD) and the U.S. Citizenship and Immigration Services (ISCIS). Due to go into effect in October 29, the shift would make it more difficult for children of employees working for the U.S. government in foreign countries to get their citizenship. There is a long list of exemptions, but the general rule states that these children would have to go through a more rigorous exam before they are 18 than other children. This could be done while they still live abroad.

Understanding immigration law as it pertains to minors

Bringing a minor into the United States is always going to be a complicated process. In addition to determining the child's current citizenship status, the courts will also need to take a close look at the status of their parents and siblings. Those who plan on immigrating to the United States with younger children should spend some extra time familiarizing themselves with the current immigration and naturalization laws so that they don't run into any major roadblocks.

Key issues regarding the 2020 census

The Supreme Court now leans conservative with a 5-4 majority, but it rejected the Trump Administration’s wish to include the question regarding citizenship in the 2020 census conducted by the Commerce Department. The court ruled that the untested question violated federal law. Despite this victory, legal experts point out that there are issues to consider involving this ruling.

Parole in Place still lives in uncertainty

This blog first discussed the possible cancellation of the program known as Parole in Place almost two years ago, expressing concern that its termination might be imminent. The program, which provides protection for military families against deportation, has been subjected to almost constant and varied policy threats since then.

New guidance aims to prevent abuse of immigration policy

Immigrants may be allowed to enter California or any other state to see a dying relative or for other extraordinary reasons. In some cases, they may be given the ability to find employment while they are in the United States. However, the Trump administration has created new guidance that it says will prevent this policy from being abused. A statement from the U.S. Citizenship and Immigration Services (USCIS) said that it issued the guidance in part because of a national emergency at the border with Mexico.

American citizens profiled by law enforcement

Many legal immigrants and U.S. citizens of Latin American origin live with the fact that they are singled out because of their race. It is more common in some areas than others, but it can happen anywhere. So it is more sad than surprising that Ramon Torres was illegally detained in August of 2018 for four days by the Ascension Parish Sheriff’s Office in Louisiana.

Trump and ICE expand plans for detaining children

The Department of Homeland Security recently announced plans to take money from other programs to further expand ICE resources and its capacity to enforce and detain immigrants. This shift also includes the dismantling of the Flores agreement created in 1997 after the Flores v. Reno court case that provides basic protections to children of detained immigrants, including a 20-day limit for holding all minors. The says that DHS could even detain families indefinitely, arguing it is the only way to deter undocumented immigrants from entering the country.

ICE sends most apprehended immigrants to remote rural areas

Most undocumented immigrants fleeing violence or poverty are apprehended by immigration authorities in border states like California, but a recent National Public Radio study reveals that more than half of them are sent to detention centers in remote rural areas. This worries advocacy groups because immigrants detained in these facilities find it more difficult to obtain legal representation and are more likely to have their asylum claims denied.

Visas and green cards now tied to income

The Trump administration continues its open assault on those who wish to enter the country and work. The recent ICE raid on poultry processing plants in Mississippi involved the arrest of 700 unregistered workers. The administration followed that up with new regulation that examines the applicant’s ability to earn income, rejecting those with little education or a likelihood of a low income.

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