Tag Archive for: Legal Immigration

Saving America by Defending Clients Against Trump’s Immigration Policies

By Cyrus D. Mehta and Kaitlyn Box*

On November 5, 2024, Donald Trump was once again elected president. Although Trump’s campaign has been marked by anti-immigrant rhetoric, some hope that a second Trump administration will prove favorable to employment-based immigration. Trump once promised to “staple a green card to every diploma” of graduates of U.S. colleges, and has cultivated relationships with business moguls like Elon Musk and Vivek Ganapathy Ramaswamy.

However, a second Trump presidency is likely to create obstacles even for legal skilled immigrants. Former Trump advisor Stephen Miller, who has espoused notoriously anti-immigrant views, is expected to be appointed Deputy Chief of Staff, and will doubtless influence Trump’s immigration policies. In a post on X last year, Miller confirmed that a denaturalization project started during Trump’s first term would be “turbocharged” in 2025. During his campaign, Trump affirmed his intention to end birthright citizenship. For Indian-born beneficiaries of approved I-140 petitions who are trapped in the employment-based second (EB-2) and third (EB-3) preference backlogs, being sponsored by a U.S.-born adult child may provide a chance of obtaining permanent residence without waiting for decades. Trump’s proposed policies would ensure that even children born in the U.S. would not be afforded the security of U.S. citizenship unless one of their parents is a U.S. citizen or lawful permanent resident, as well as prevent these children from sponsoring their parents for permanent residence in future. This policy, if implemented, could be challenged in federal court as violations of the 14th Amendment, which provides that “all persons born […] in the United States…are citizens of the United States”, but the current conservation composition of the Supreme Court could render these efforts more difficult.

The Trump administration will seek to thwart employment-based immigration in other ways, as well. During his first term, Trump restricted the H-1B visa program through increased numbers of Requests for Evidence (RFEs) challenging the payment of Level 1 wages, promulgation of a policy memorandum stating that computer programmer positions may not be “specialty occupations”, and imposing onerous documentary requirements on employers who place employees at third-party worksite, as discussed at length in prior blogs. Restrictions of this nature are expected to return, and possibly intensify, during Trump’s second term.

Undocumented immigrants and beneficiaries of humanitarian programs may stand to suffer even more severely under a second Trump administration. Trump has vowed to “bring back” the infamous travel bans INA 212(f), ban refugees from Gaza, and carry out mass deportations. He has also threatened to invoke the Enemy Aliens Act of 1798, which allows for the detention and deportation of noncitizen nationals of an enemy country during wartime, as a justification for widespread deportations. His administration will seek to increasingly use expedited removal INA 235(b)(1)(A)(iii) without an immigration court hearing for noncitizens who are within the border of the US and cannot prove that they have been in the US for more than two years. The return of family separation and reinstatement of the “remain in Mexico” policy appears likely, as does the termination of TPS designations for many country, DACA, and humanitarian parole programs.

Notwithstanding the challenges that Trump’s return is likely to bring, immigration lawyers are prepared to vigorously defend noncitizen clients. His prior presidency provided insight into the types of policies that are likely to return, and allowed advocates to gain experience in combatting these harmful measures. Even if Trump got a popular mandate that does not give him license to ignore the law and act outside the Constitution and Bill of Rights. Immigration lawyers are all set to defend immigrants to preserve the foundations upon which the country is built.

 

 

 

 

 

Immigration Perspectives On The Eve Of The 2016 Presidential Election

The United States has always prided itself as a nation of immigrants. Unfortunately, however, there has been disturbing rhetoric against immigrants and refugees in the current presidential election season. This has been exemplified in racist taunts and epithets against Hamdi Ulukaya, a Turkish immigrant of Kurdish descent, who is the founder of the highly successful Chobani business that makes Greek yogurt and employs about 2,000 people, some of whom are refugees. Chobani’s annual yogurt sales are $1.5 billion.   According to a recent New York Time article, false stories have been published by right wing news outlets like Brietbart News and WND claiming that Mr. Ulukaya wants “to drown the United States in Muslims.” Some articles have also drawn a connection, again falsely, between Chobani hiring refugees and a spike in tuberculosis. This has led to unfortunate calls on Facebook and Twitter to boycott Chobani.

The Alliance of Business Immigration Lawyers, better known as ABIL,  of which I am a member, has in a press release rightly condemned such xenophobic attacks against a successful immigrant entrepreneur who has created jobs in the United States. It is already difficult for a foreign entrepreneur to obtain legal status in the United States under the current broken immigration system, and to then be successful and create thousands of jobs. Mr. Ulukaya is a shining example of an immigrant entrepreneur who has overcome these obstacles to benefit the United States. “Foreign born entrepreneurs like Mr. Ulukaya must be welcomed rather than attacked in such a shameful and despicable manner,” ABIL’s President Steve Garfinkel stated.  “These attacks go against the grain of what America represents – a nation that has always welcomed those to its shores who wish to better themselves and contribute to the country.”

The attacks against Chobani’s founder is only one such unfortunate incident. Donald Trump has used hateful rhetoric against immigrants from the start of his campaign. While every prior Republican nominee in recent times has spoken in glowing terms about immigrants being an asset to America, Trump emphasized only on the dark aspects, and hyped up fears of immigrants being a threat to the American people. This is despite the fact that studies have proved that newcomers are less likely to commit crimes than the native population. Trump was also fond of reading the lyrics from Al Wilson’s 1968 R&B hit song “The Snake” in his campaign rallies.  While this is a catchy tune, Trump has now corrupted the song by associating it with his opposition to Muslims. He first called for a ban on Muslims entering the United States, including Syrian refugees, and recently modified it by calling for a suspension of immigration from areas of the world when there is a proven history of terrorism against the United States or its allies. When Trump kicked off his campaign on June 16, 2015, he gave  a speech in which he called immigrants from Mexico rapists and criminals. “When Mexico sends it people, they’re not sending their best. They’re not sending you. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people,” he said. He has been proudly proclaiming till the very end that he would build a big wall on the Mexico-US border, and that Mexico would eventually pay for it.

It is no small wonder that there has been a surge of early Hispanic voters in states like Nevada and Florida that could potentially lead to Trump’s defeat.  Regardless of one’s party affiliation, it is hoped that the results of this election affirm that all immigrants be respected for the benefits they bring to the United States, whether as entrepreneurs or as hard working employees. The results should also speed up much needed and urgent reform of the immigration system that can tap into the talents of more immigrants like Mr. Ulukaya who bring growth and prosperity to America.  Finally, the recent revelation that Melania Trump was paid for modeling assignments in the United States while she was still on the B visa, and prior to obtaining the H-1B visa, goes to show that the line between legal and illegal immigrants is fuzzy at best. Someone in legal status can fall out of status and someone who is illegal can suddenly become legal. This is not a black and white issue as Trump and his anti-immigrant enablers have seen it.  The following extract from the Supreme Court’s decision in Plyler v. Doe, 457 US 202 (1982), which held that undocumented children could not be deprived of a public education:

To be sure, like all persons who have entered the United States unlawfully, these children are subject to deportation. But there is no assurance that a child subject to deportation will ever be deported. An illegal entrant might be granted federal permission to continue to reside in the country, or even become a citizen.

The lessons from these elections should point lawmakers to recognize that putting up a wall is not a solution; rather the best way to reduce illegal immigration, and reforming the system as a whole, is by providing more pathways to legal immigration into the United States. It would also be a good idea for any future presidential candidate to express compassion towards immigrants and refugees, consistent with America being great because of its immigrants, rather than engage in hateful rhetoric. It does not pay during election time.