Former President Trump Vows to Carry Out Massive Deportation if Re-elected

 

The 2024 United States presidential election will be held one year from now.  As the forerunner of the Republican presidential nomination, former President Donald Trump has shared his agenda for immigration policy.  Trump made some radical promises to conservative voters that have even surpassed himself.  The following are some of Trump's immigration policies as reported by the media recently:

• Conduct a "massive deportation" to remove hundreds of thousands of illegal immigrants.

• Sign an executive order to end birthright citizenship to children whose parents are not American citizens or legal residents.

• Continue to build and extend the border wall on the southern border.

• Limit political asylum to foreigners, and require them to wait for their hearings in Mexico.

• Give the National Guard and state officials the authority to arrest and deport immigrants living in the U.S. illegally. 

• Deny legal immigration based on the applicants' ideological beliefs, such as Marxists and communists.

• Halt refugee admissions from the Middle East.

• Expand the travel ban to bar the entry of citizens from certain countries, most of them majority Muslim or African.

• Revive Title 42 pandemic-era policy to expel migrants on public health grounds, including unaccompanied children.

As usual, Trump's rhetoric is characterized by intimidation and high-handed tactics.  However, many of Trump's bold promises may be appealing to his supporters but will not likely materialize because of legal, operational and humanitarian challenges. For example, the birthright citizenship has been guaranteed by the U.S. Constitution for decades.  To amend the Constitution would require a two-thirds majority vote in both Chambers of the Congress or by a constitutional convention called for by two-thirds of the State legislatures, both of which are extremely unlikely.  

Deporting hundreds of thousands of individuals would require tremendous amount of resources that our government simply does not have now.  Many illegal immigrants have already built a life here, and deporting them would mean taking away somebody's husband, wife, father, mother, etc. The humanitarian concerns and social issues involved would be difficult to justify.  Legally, his policies will certainly face tough legal challenges in court.

Immigration will likely continue to be a hot topic in the presidential debates. Despite the polarized positions of the political parties, most politicians agree that immigration reform is overdue.  For instance, we need a better system to attract and retain talent from other countries. It is hoped that these debates will result in a comprehensive immigration plan that is both fair and humane. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Trump Extends Entry Ban to March 31, 2021

In April and June of 2020, when the pandemic was still in its early stages, President Trump issued Proclamations 10014 and 10052 to limit entry of immigrants and non-immigrants into the United States. The proclamations were renewed as the pandemic dragged on and have now once again been extended -- this time until March 31, 2021.

The proclamations affect visas issued before the initial rule was signed in on June 24, 2020. They basically ban legal immigration and entry of nonimmigrant visa-holders such as H-1B, H-4, L-1A, L-1B, L-2, J-1, and J-2. Almost every non-resident will be unable to enter the U.S. unless they are deemed a national interest exception or crucial to the food supply system. H-1B and L1 visas have milder restrictions, allowing for extensions and other exceptions. 

These two proclamations can be renewed yet again at the end of March 2021 if the pandemic does not let up, though the change in presidency will surely influence these policies. 

State Department Guidance On DV-2020 Applications

The U.S. Department of State provided some guidance regarding the Diversity Visa 2020 application process on 09/09/2020 after a D.C. federal court held that Diversity Visa 2020 winners should have their visa applications processed as soon as possible before September 30th.

The State Department stated that DV-2020 applications may be processed in embassies and consular posts according to the local health conditions and resources. However, if a local consular office is not able to process cases due to local health conditions and resource constraints, an applicant may request his/her case be transferred to another embassy or consulate by contacting that new post directly. 

The State Department will prioritize the processing of applications as follows:

• Individuals who were named plaintiffs in Gomez v. Trump and its companion cases;

• Applicants who had already been interviewed who seek reissuance or to overcome a prior refusal;

• Applicants who were scheduled for appointments in March, April, or May and whose appointments were cancelled due to the COVID-19 pandemic and worldwide suspension of routine visa processing;

• For posts that have additional capacity to process applications and are not exhausted by the three categories above, applicants whose cases are pending with the Department’s Kentucky Consular Center.

Visas Can Be Issued; Entry Not Allowed Unless Exempted from Trump's Proclamation

Although DV-2020 applicants may be issued an immigrant visa under the court order, DV visa recipients are still subject to Presidential Trump's Proclamation 10014.  Hence, they would not be able to enter the U.S. until after the expiration date (12/31/2020) of the Proclamation, unless they meet one of the exceptions.  

If a DV-2020 applicant’s visa expires before the expiration date of 12/31/2020 of Proclamation 10014, they will be unable to enter on that visa.  More importantly, those applicants would not be issued a new visa after 09/30/2020 under the law. 

DV Applicants Present in the U.S. 

If you are a DV-2020 winner that were in the U.S. or held a valid immigrant visa, on April 23, 2020, you are exempt from PP 10014. Applicants who held DV visas on April 23 but were unable to travel and have since had their visas expired, may be reissued a DV visa before the September 30, 2020 deadline.

Travel Restrictions May Also Bar DV Applicants Entry

Further, DV applicants subject to President Trump's COVID Proclamation on travel restrictions (Brazil, Ireland, U.K., Schengen Zone countries, Iran, and China) may be interviewed and processed, but applicants who have been physically present in the affected region during the preceding 14-day period will not be issued an immigrant visa, unless excepted.

File your H-1B Extensions Now

Foreign workers who are currently in a non-immigrant visa status are advised to file their extension applications as soon as possible based on Trump Administration's recent policy direction in immigration.

President Trump has not been subtle about his intention to restrict immigration ever since he took office three and a half years ago.  Through a serious of executive actions and policy changes, the administration has effectively reduced both legal and illegal immigration into the US.

In a recent letter sent to President Trump, four Republic Senators urge President Trump to suspend employment-based immigration into the US as follows:

- Suspend all new guest worker visas (H-2B) for 60 days, and follow by suspension of non-essential guest workers for at least one year.
- Suspend H-1B and other non-immigrant visas for at least one year, except certain healthcare professionals such as doctors and nurses.
- Suspend the F-1 students Optional Practical Training (OPT) program indefinitely.
- Suspend the EB-5 investment visa program.

According to these Senators, suspension of these visa programs is important to address the current historically-high unemployment rates of the US.  The EB-5 program, according to the Senators, has long been "plagued by scandal and fraud."

Importantly, the letter states that - "at a minimum" - these programs should be suspended, implying that other non-immigrant visa programs such as L-1A, L-1B, TN, R, O, etc., should also be included for suspension as well.

In his recent "Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak," President Trump already ordered the suspension of legal immigration from overseas countries for 60 days starting 04/23/2020.  Further extension is possible.

The same order specifically directed the Secretaries of DOL, DOS and DHS to review all non-immigrant visa programs within 30 days.  It shows that the Trump Administration was already planning to make policy changes regarding the non-immigrant visa programs.  After review, it is very possible that the White House will issue additional executive orders to restrict non-immigrant visa applications such as H-1B, L-1, etc.

Hence, it is strongly recommended that foreign students and workers should submit their applications immediately before any policy changes take effect.  This includes the H-1B CAP cases for Fiscal Year 2021, H-1B extension petitions, change-of-employment petitions, change-of-status petitions, OPT and STEM OPT applications.  In the past month, our firm has been working extra-hard to help our clients to submit their non-immigration applications to ensure that they can remain to work legally in the US.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Trump's Immigration Executive Orders: Measures To Protect Yourself

The President's recent executive orders on immigration have created chaos and confusion in the immigrant communities.  The most recent order suspending the entry of nationals from seven countries with terrorist ties has resulted in delays, detentions and protests at several international airports.  More changes in immigration policies and executive orders are expected in the near future. The following tips and guidelines should help immigrants to avoid "getting in trouble:"

Do not travel outside of the United States unless it is an absolute emergency.  Nationals from the seven suspended countries clearly are not allowed to enter the U.S.  Even if you don't come from those countries, you might still have difficulties returning to the U.S.  This is particularly true if you are from a country with a large Muslin population. Your country could be added to the list in the future. The current policy is to use heightened scrutiny against every non-citizen. As such, nobody is really safe when it comes to foreign travel. 

Apply for citizenship through the naturalization as soon as possible.  As tough as the current administration's immigration policy may be, it would still be difficult for the government to legally deport a U.S. citizen.  An American green card is not a guarantee of one's ability to stay in or return to the United States, as illustrated by the recent detention of permanent residents at the airports.  It usually requires five years of legal residency to apply for naturalization, unless you are married to a U.S. citizen (in which case only three years are needed).  

Apply for any other eligible applications or benefits as soon as possible.  If you are married to a U.S. citizen and plan to apply for a green card, do it immediately! If you intend to apply for an H-1B visa to work in the U.S., do it as soon as possible!  If you need to extend or change your status, do it now! The sooner you submit your application, the less likely that you will be affected by any future changes in immigration policy. 

File for change/extension of status in the U.S. rather than via overseas consular processing.  If you have a choice of applying for an immigration status in the U.S., take it. For example, although Canadians usually apply for their TN status at the U.S.-Canada border, they should now seriously consider applying from within the U.S. now to avoid a departure. 

Follow the rules and regulations.  Immigration laws are complex.  There are many rules and regulations on just about every type of application and visa program.  And they are sometimes illogical and inconsistent.  However, it is still extremely important to follow them strictly.  Take the H-1B visa program as an example, whenever one's employment has changed materially, a new or amended petition must be filed before the change takes place. Do not try to cut corner.  Follow the rules.

Stay out of trouble in general.  Many a time clients get into trouble because of something minor, such as a traffic violation or a fight at the bar.  However, such small incidents could lead to bigger problems when law enforcement officers are involved.  Immigration status will be checked and questionable individuals could be referred to the federal immigration officers.  The Trump Administration has issued directives to cooperate with state and local law enforcement agencies to enforce the immigration laws. 

Consult with an attorney.  It is more important than ever for immigrants to consult with an experienced immigration attorney when making a decision about their case or travel plans.  Some clients like to do things on their own because they think they are capable of handing their immigration case. They usually come to me when they've encountered a problem.  It might have worked before but in this environment, it is too risky to do it on your own. An experienced immigration attorney not only possesses the expertise about the trade but also the most updated information through the immigration lawyers association.  

Report your change of address within 10 days.  No matter how many times I remind clients to file the AR-11 form to report their change of address, some of them are still not heeding.  It is actually a deportable offense for any noncitizens who knowingly fails to file their change of address form within ten days of their move.  Do it to protect yourself.