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Subscribe to this list via RSS Blog posts tagged in current immigration law

Posted on in Immigration

Chicago immigration lawyers, Illinois immigration, immigration policy, F Visa, current immigration law, family-based immigrationAfter the December 11 attack in New York City that was perpetrated by a Bangladeshi immigrant, the president and current administration have gone on the offensive, arguing loudly about the evils of what is being called “chain migration.” They allege that chain migration, also called ‘extended chain migration,’ is a lax policy that permits too many immigrants into the U.S. without proper vetting.

While numerous experts have debunked such claims as manifestly paranoid, it is important to understand the legal arguments surrounding this issue, especially since the authority of the Oval Office may be turned arbitrarily on this aspect of U.S. immigration policy if nothing changes.

A Long and Complex Path

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Hits: 63

Posted on in Immigration

Illinois TRUST Act, ICE, undocumented immigrant, immigration status, undocumented immigrantsIn August 2017, Governor Bruce Rauner signed the Illinois TRUST Act, which is the strongest state-level bulwark against profiling by immigration officials yet passed into law as of this writing. It also codifies limited cooperation with U.S. immigration agencies as state policy, at least in terms of honoring detainers issued by Immigration and Customs Enforcement (ICE). While this grants immigrants protection, it also drags the state into a potential fight with the U.S. Justice Department, which could have consequences.

DOJ Objections

The main crux of the Justice Department’s objections is that they believe the Act appears to “restrict the sending of information regarding immigration status.” While states have a reasonable degree of latitude in setting their own immigration rules, they must, of course, comply with federal law. However, the law regarding complying with ICE detainers is not cut and dried. While law enforcement agencies must comply with a warrant or with an in-person request to hand over a person in most circumstances, an ICE detainer is a mere request to law enforcement.

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Chicago deportation defense attorneys, temporary protected status, TPS eligibility, immigration, immigration status, immigration consequencesThe United States has granted an immigration status called Temporary Protected Status (TPS) for nearly two decades, beginning in 1990 with the Immigration Act. However, in early 2017, the U.S. State Department sent a letter to the Department of Homeland Security (DHS), which oversees the program, and advised that certain groups “no longer need[ed] to be shielded from deportation” in the Secretary’s estimation. While this is not an official revocation of status, it paves the way for what will likely become a revocation. This means that some living under TPS will need to quickly depart lest they face future immigration consequences.

Who Has TPS?

Temporary Protected Status is granted at the discretion of the Secretary of Homeland Security to those nationals who hail from countries where conditions make it impossible to safely return at the time the status is granted—usually due to ongoing war or natural disasters. The status is usually revoked when conditions in the country are deemed to have sufficiently improved. For example, TPS was granted to Rwandans following the 1994 genocide in their country, and was rescinded in 1997 after the country’s political system had stabilized and it was deemed safe to allow nationals to return.

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latino minors, Chicago immigration lawyers, unaccompanied minors, asylum claims, immigration newsThere is perhaps no group more in immigration news in recent months than unaccompanied minors, especially those coming from Latin America. In the past few years, ever since an explosion of gang violence in Central and South America, a steady flood of unaccompanied minors has come to the border between the United States and Mexico, seeking asylum or other forms of relief. However, many have found not relief, but suffering of a different kind. 

Migration Statistics Show Trends 

The Migration Policy Institute (MPI) states that while children from all over the world immigrate or seek asylum in the United States, as many as 75 percent of them have been boys from El Salvador, Mexico, and Honduras, at least since 2009. There are multiple reasons for this, none of which have to do with any kind of gang-related or otherwise malicious motives, as has sometimes been alleged.

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Hits: 226

Posted on in Immigration

Chicago immigration attorneys, refugee status, refugee law, current immigration law, immigration statusIn September 2017, the federal administration began to float the idea of lowering the already-low refugee cap numbers for FY 2018, citing an allegedly insufficient vetting process, especially for those from countries which have historically sponsored terrorism. Given the somewhat frenetic pace of government in the eight months since the changeover, the story has somewhat gotten lost in the national media, but to those who have family members who might qualify for status, this is a very real concern. It is important to understand the truth of the situation and not fall prey to the misinformation that abounds.

The Process is Extremely Comprehensive

One of the most common misconceptions about refugee resettlement in the United States is that they are simply permitted to walk into the country, so to speak; the average layman is only familiar with standard visa vetting (if that), and often wrongly equates it with refugee processing.

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