Just The Facts of The U.S. Travel Ban

Confusion has been swirling in the aftermath of President Donald Trump’s immigration orders. To clear up some of that confusion, here are the basic facts behind the travel ban and what has happen since it was signed into effect.

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  • On January 27, 2017, President Trump signed an executive order banning immigration from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen to the United States for 90 days.
  • The ban also blocked refugees from entering the U.S. for four months.
  • The order demands a review of the Visa Interview Waiver Program, which lets traveling citizens from 38 foreign countries renew their travel authorization without participating in in-person interviews.
  • Since September 11, 2001, no one from the seven targeted countries has carried out a terrorist attack against the United States. However, there are three non-lethal incidences in which perpetrators are connected with Somalia and Iran.
  • Immigrants from the seven countries listed in Trump’s ban were also given travel restrictions by a law signed into effect by the Obama administration in December of 2015.
  • Immediately after the order was signed into effect, mass protests erupted at airports across the United States. Lawyers stepped in to do pro bono work for travelers impacted by the new ban.
  • On January 28, 2017, federal New York Judge Ann M. Donnelly blocked part of the order. The following day, a Massachusetts judge issued a temporary restraining order against the executive order. That same day, Trump attempted to defend his order.
  • On January 30, 2017, the State of Washington filed a complaint against Trump, the Department of Homeland Security and its secretary John F. Kelly, and Acting Secretary of State Tom Shannon. The State asked for relief from parts of Sections 3 and 5 of Trump’s executive order.
  • On the same day, Attorney General Sally Yates was fired by Trump for refusing to defend the executive order.
  • In early February of 2017, federal district judge James L. Robart ruled in favor of the State of Washington and blocked some restrictions set forth by the executive order, allowing thousands of immigrants to enter the United States.
  • A week after Trump’s travel ban was partially blocked, a three-judge federal appeals panel unanimously turned down the bid to reinstate Trump’s executive order, citing that the ban would not improve national security and that there is no evidence to suggest anyone from the seven blacklisted countries had committed acts of terrorism in the United States.
  • On February 21, 2017, news broke that President Trump once again plans to unveil a revised version of his executive order to ban immigrants and refugees from predominantly Muslim countries from entering the United States. This was confirmed by Secretary Kelly, who claimed that the new order will be a more streamlined edition of its predecessor.
  • Kelly stated that the new executive order will not restrict those with Green Cards or visas from re-entering the United States. It also will not impact foreign travelers coming to the United States at the time the order is enacted. Instead, there will be a brief phase-in period for those individuals coming into the U.S.
  • It is currently unclear as to whether the revised executive order will actually be a ban on Muslims. Trump has previously claimed that preference will be given to Christians fleeing religious persecution.

Immigration Reform and Hillary

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The Hillary Clinton vs. Donald Trump election is at its peak. The candidates have been in hot water every now and then over controversial statements regarding their opinions. However, one of their most important stances is the one on immigration. With the final showdown not too far off, it is more important than ever to know who stands for what and how much the two candidates differ on one of the most serious issues.

While Donald Trump has called for a ban on immigrants who seek asylum from terrorism in their homelands, Hillary’s plan differs substantially.

Trump’s plans of building a wall along the Mexican border and calling Mexicans rapists and murderers has been a central point of his campaign. Trump says U.S. immigration rules should focus entirely on American citizens only. Keeping their safety as the only priority. His three core ideas for the immigration reform are:

  1. Building a wall across the U.S.-Mexico border.
  2. Increasing enforcement of immigration laws.
  3. Focusing on American workers.

Clinton, on the other hand, has presented herself as an advocate for comprehensive immigration legislation. She stresses the importance and pledge to keep immigrant families together. One of her most important initiations includes creating opportunities for undocumented laborers a chance to “come out of the shadows”.

On the matter of immigration legislation, Hillary Clinton supports new immigration legislation that would create the opportunities and address the hindrances such as the time restrictions on undocumented immigrants. Clinton argues that this policy weighs heavy on the families in which members having dissimilar legal status are told to leave the United States before returning legally.

Clinton encourages immigrants to become naturalized citizens by making it easier for people to become U.S. nationals. She aims to do this by increasing fee waivers for the estimated 9 million people eligible for citizenship, as there are many people are only being held back due to lack of funds. Her plan further includes the growth of education’s outreach. This will help potential citizens in communication while their process takes place. She vows to reduce education, language, and economic barriers. And one of the basic steps for this would be to teach immigrants English.

Clinton has kept the same stance on immigration for quite a while now. On speaking about the immigrant situation in 2014 she said, “As a senator, I was proud to sponsor the national DREAM Act and to vote for it. I am a strong supporter of comprehensive immigration reform and I believe that we have to fix our broken immigration system. We have to keep families together. We have to treat everyone with dignity and compassion, uphold the rule of law, and respect our heritage as a nation of immigrants striving to build a better life”.

Her position on immigration policies and the future of immigrants living in the United States represents a far better image of the future of millions than that of Donald Trump. But with Clinton’s past of being involved in donation conspiracies, voters face a serious doubt over what her intentions may be. What could be the outcome now?

 

How to Find Your Immigration Lawyer

Finding a lawyer at the best of times is difficult, but when immigration and citizenship is involved it can seem so much harder. Here are some tips to get you started:

Knowledgeable:

This is key when you are in the market for any lawyer, obviously, but it is so important it bears listing first and foremost. Law practice is complex, and laws are added, amended, changed, or made obsolete every day. It is important that they not just understand the law as they knew it when they passed the bar, but the law as it stands today, with all the changes that have taken place. Also key is making sure that your lawyers is trained in the specific laws of your state, as many laws vary based on location. If your lawyer doesn’t have the right information he or she can’t provide you with the best legal representation.

 

Resources:

Your State Bar, National Immigration Law Center, American Immigration Lawyers Association are all good places to start. Your local state bar will be able to connect you with licensed lawyers in good standing, and point you in the direction of specialty practice if you have specific needs. NILC is a non-profit organization devoted to assisting low-income individuals with immigration services they can afford. AILA is a national association of attorneys and legal experts who can teach and/or practice immigration law, so this is a good place to begin a search and feel good that you are finding someone well-versed in immigration policy. An AILA membership is not required to practice immigration law, so membership can show that they have dedicated themselves specifically to the practice.

 

References:

Ask friends, coworkers, family, or anyone else you know if they know an immigration lawyer. Even if they haven’t been through immigration processes themselves, they may know someone who has, or have heard of a success story in your area. People love to talk about good experiences, and love to talk about bad ones even more. Word of mouth, online reviews, and references from clients of the lawyers are all helpful when beginning your search. When you interview your lawyer, make sure to ask them for references from former clients, a reputable lawyer should be happy to introduce you.

 

Speaks Your Language:

Literally and figuratively. It is important that you fully understand your lawyer and that they understand you. Multi-lingual immigration lawyers exist is most places, and it is important to make sure that they are fluent in the language you speak natively. It is also important that you speak with them in person, trust them, and feel comfortable putting your future into their hands, so make sure that your personality and goals as client and lawyer are a good match. Honesty is key, and so is communication. Make sure that they are willing to educate you on your case so that you full understand their responsibilities, and your own.

 

Costs:

Make sure that you understand the fees and costs. Some attorneys charge hourly fees while working on your case. Some charge a fee per task, set in advance. Some charge one single fee for the entire case, beginning-to-end. Make sure that you understand the pricing of your lawyer, and that you compare prices of more than one attorney to ensure you get one that fits your budget.

Senate Democrats Block Bills To Take Funds Away From “Sanctuary Cities”

city-restaurant-lunch-outsideOn Wednesday July 6th, Senate Democrats blocked a bill that would have taken away federal grant money from “sanctuary cities.” These cities protect undocumented immigrants from being sent to federal agents for deportation. These cities will continue to operate in this way thanks to the Democratic block.

 

Democrats also blocked an immigration-related bill by Senator Ted Cruz. The bill would have increased prison sentences for any undocumented immigrants who repeatedly enter the US without legal permission to do so. The law was dubbed “Kate’s Law.” Senators voted 55 to 42 to advance that bill, but since 60 votes were needed to advance it, the bill was blocked.

 

As the Senators were voting, the White House issued veto threats. Both of these bills were very similar to legislation that Democrats blocked last year. Some Democrats claimed that Republicans were just bringing these issues up again to give Republican Senator Pat Toomey an issue to fight for in this challenging re-election fight against Katie McGinty, the Democratic challenger.

 

Republicans said they were trying to save lives with “Kate’s Law.” In fact, the law was named after Kate Steinle, who was killed by an undocumented immigrant from Mexico. The case led to national outrage as it was discovered that the man charged with Steinle’s murder had been deported five times for a number of felonies and was released from a San Francisco County Jail without being turned over to federal immigration authorities.

 

San Francisco has policies that prohibit keep undocumented immigrants in custody for federal agents unless the agents in question have a court order or warrant. In cities with large immigrant popular, police say that residents will not trust them enough to report crimes if police are seen as immigration agents who will help in their deportation.

 

Under Toomey’s bill, local governments with sanctuary policies would not have received community development block grants. These grants go toward providing housing to low-income and moderate-income families, creating jobs, and helping communities recover from natural disasters.

 

Democratic Senator Dick Durbin said that he felt that Senator Toomey was intentionally using this bill as something to to talk about in his re-election campaign, and maybe even in a speech as the Republican National Convention. Harry Reid, a Democratic Senator Minority Leader, said Republicans’ desire to pass this legislation was an attempt to follow Donald trump’s rhetoric in criminalizing immigrants and Latino families.

 

Reid felt that Toomey’s bill would take away from the local law enforcement’s ability to police their own communities and maintain public safety. It would also deny millions of dollars in community and economic development funding to any areas that refuse to target immigrant families.

 

For an undocumented immigrant who re-entered the U.S. after being deported or denied admission, Kate’s Law would have increased the maximum prison term from two years to five years. It would have also created a maximum 10-year term in prison for any immigrant who re-entered the U.S. illegally after having been removed three or more times previously.

 

Reid also felt that the mandatory-minimum sentences enacted by the bill would cost billions of new dollars, take funding from state and local law enforcement, and increase the prison population. He also felt that it would take away from bipartisan efforts to change the nation’s criminal justice system for the better.

 

Democrats have blocked the bills, thus allowing sanctuary cities to continue getting funding and preventing the prison population from skyrocketing.

 

Immigration Raids to Continue in US

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In a political climate rife with contentious and emotional immigration debate, with coverage from everyone from NPR, to USA Today, to BuzzFeed covering the presidential election and the centralized issue of immigrating, U.S. Immigration has announced earlier this month that officials plan sweeping raids throughout May and June in an effort to deport immigrant families who have entered the country illegally.

 

According to statements from the Homeland Department the raids are part of a plan implemented in January of removals and targeting “convicted criminals and others who constitute threats to public safety and national security, as well as recent border crossers.” The department described the recent border crossers as those who were caught at the border after Jan. 1, 2014, “have been ordered removed by an immigration court, and have no pending appeal or pending claim for asylum or other humanitarian relief” under U.S. laws.

 

They have said that in all but emergency cases the Department of Homeland Security would avoid arresting migrants at “sensitive locations,” such as schools, hospitals, and places of worship. They are removing families that the administration says did not show up for their court appearances or those who have refused to comply with orders to leave the country. They also said that the raids are in response to a surge of undocumented immigrants from Central America. From CBS News: “Apprehensions at the southwest border are up, with 32,117 family units (a child with an adult family member) for fiscal 2016 through March, compared to 13,913 for the same time period in 2015. Similarly, in fiscal 2016 through March, 27,754 unaccompanied children were apprehended at the border, compared with 15,616 last year in the same period.”

 

However, all of this is ignoring the fact that the focus here is undocumented mothers and children. The Department of Homeland Security is is making targets out of women and children who should be protected rather than deported. These mothers and children from Central America are not coming here to work, they are coming here to flee the brutal and violent situation in their home countries. Instead of seeing these Central American immigrants as refugees or asylum seekers, we are currently treating them as undocumented workers smuggling themselves over the border. In fact, there are more and more cases of women walking across the border openly and appealing a case to stay to the Border Patrol agents.
From CNN: “Defending the raids, on Friday White House spokesman Josh Earnest said, “If this serves to discourage people from considering to make this journey, that would be a good thing.” Still, nothing can change people’s minds when they are literally fleeing for their lives. The women and children targeted by the Obama administration are from Honduras, Guatemala and El Salvador, three countries that regularly rank among the world’s most dangerous nations. In these countries, forced gang conscription, sexual violence and homicides are a fact of daily life; one El Salvadoran dies every hour due to violence.”

Immigrant Children Representing Themselves in Court

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Recently, during federal court proceedings, Senior Justice Department official Jack H. Weil, (who, along with other responsibilities, is tasked with training other judges in proper procedure and conduct,) made a statement under oath that he believes three and four year old migrant children can learn immigration law well enough to be able to represent themselves in court, which would in turn save the citizens the costs of assigning taxpayer-funded attorneys to them.

“I’ve taught immigration law literally to 3-year-olds and 4-year-olds,” Weil said. “It takes a lot of time. It takes a lot of patience. They get it. It’s not the most efficient, but it can be done.”

Obviously, the backlash to this statement from both legal experts, and child psychology experts, was immediate and disparaging. Obviously immigration law is a deep and complex branch of practice, and children of that age are still learning how to cooperate with other children and develop fine motor skills, let alone represent themselves in a court of law.

“I nearly fell off my chair when I read that deposition,” said Laurence Steinberg, a psychology professor at Temple University, who is a witness for the plaintiffs in the Seattle case. “Three- and 4-year-olds do not yet have logical reasoning abilities. It’s preposterous, frankly, to think they could be taught enough about immigration law to be able to represent themselves in court.”

This testimony from Justice Weil came out during a case that is arguing for legal representation for every indigent child who cannot afford a lawyer to represent themselves in court. Immigrant rights groups and the American Civil Liberties Union are both demanding that the courts be required to provide this. The Justice Department is contesting suit, and Weil has, in the aftermath of his statement receiving loud and virulent backlash, insisted that the statements that are being attributed to him do not “present an accurate assessment of my views on this topic” and are being “taken out of context.”

The ACLU officials are nonplused by this recant. “This is the person in charge of training immigration judges about how to treat children? And this is the witness the government puts forward to present their views as to how this is supposed to happen?” said ACLU deputy legal director of Southern California Ahilan Arulanantham, the attorney who questioned Weil under oath. “That is horrifying.”

According to statistics that were collected by the Justice Department, more than twenty thousand unaccompanied children that were involved in deportation proceedings that took place over the course of 18 months from July 2014, a whopping 42% of those children had no attorney. In many cases the children facing these charges do not speak English, and are relying on government-provided interpreters to understand what is happening to them, let alone to understand how to argue for themselves in court. Senate Minority Leader Harry M. Reid (D-Nev.) and other Democrats recently introduced legislation stipulating that government-appointed counsel be afforded to all children in immigration court who had crossed the border alone or are victims of other duress such as abuse, torture or violence.

 

How Canada’s Immigration Policy Differs From the United States’

Abogado Aly Canada's Immigration PolicyThe new immigration policy of the 1920s, the Great Depression, and World War II caused there to be a dramatic decrease in immigration to Canada and the United States. After World War II, legislation allowed refugees and displaced persons from the war to immigrate to the United States and Canada. Both countries’ ideologies began to shift more towards egalitarian ideas such as welfare state and multiculturalism which implemented more tolerance towards people of different races and lead the charge against racial discrimination.[1] During the 1960s, the Civil Rights Movement lead to an increasing interest group for racial acceptance which fostered the new immigration policies implemented by the United States and Canada. (Talk about Great Society coalition of Jews, Catholics and Liberals as described in Mills) It was with these policies in which Canada decided to take a different route than that of the United States’.

Whereas Canada’s immigration policy of today is geared towards a completely economical public policy stand point, the United States’ policy makers adhered to a more humanitarian approach. According to Borjas with regards to Canada, “According to Borjas, “the point system attempts to match immigrant skills with labor market needs and reduces the fiscal burden that immigration would place on Canada’s generous system of public assistance”[1]. This is then a clear cut way that Canada is trying to economically find a solution to the immigration debate. According to Borjas with regards to the United States, “At some point in the debate over any social policy, the facts have to be let out of their moral vacuum. And the facts have to be interpreted in the context of a set of beliefs, values, and a vision of what the United States is about”[2]. When talking about the immigration policy in the United States, Borjas describes the U.S. immigration policy as not just done for the quantitative, numeric, economic gains and losses, but there is also a moral context in which the policy adheres to. The United States is known as the land of opportunity and a country of immigrants. The United States is one of the most wealthy countries in our nation, so helping people who are less fortunate than them has become part of the moral fabric in the United States’ immigration debate. According to an article in the Economist, “in the United States, you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. When the normative argument arises here, it has a humanitarian dimension. I would posit that in the United States, identity is a right, not a value”[3]. This is the clear distinction between the way in which policy makers in the United States look at immigration and how policy makers in Canada look at immigration. The United States sees immigration to their country as a right to the immigrant whereas Canada looks at immigration as a value to their own country. According to Borjas the United States’ main immigration objective is to maximize the economic well-being of the native-born population[4].  If the United States really wanted to increase the economic efficiency of their immigration policy, wouldn’t they just follow Canada’s point system?  Borjas mentioned in an earlier talk about the immigration of “high-skilled” labor from Russian mathematicians in 1992 that lead to basically a replacement of high skilled US mathematicians for only about 400 Russian mathematicians that ended up comprising of about 10% of the mathematics papers written in the United States at this time. However, Borjas’ conclusion, using a future regression model, was that if the Russians had not come at all, we would have had about the same amount of mathematics papers as we do today. So with the influx of low skilled labor and high skilled labor, these immigrations really have not done much for the economy at this point.

 

Canadian Immigration Policy vs. US Immigration Policy

Abogado Aly US immigration policy vs. CanadaAfter the Second World War, Canadian immigration policy became a little less race oriented and geared more toward economic profitability. Finally in 1962, Ellen Fairclough, Minister of Citizenship and Immigration basically eliminated racial discrimination by implementing a new Canadian immigration policy. This new immigration policy stated that if an immigrant wanted to come to Canada and was not sponsored, as long as that immigrant proved his educational skill or quality that seemed desirable for Canada, he or she was allowed to immigrate without racial bias. Whereas the United States took a more humanitarian approach to immigration policy reform in the 1960s, Canada’s immigration reform was geared more towards the economic needs of Canada, as evidenced by its point based system.

This point system was implemented in 1967 where there was no quota for the amount of people who could come into Canada. Instead, anyone who wanted to come into Canada had to take a test which tested immigrants on specific qualities that the Canadian government was looking for. These qualities included language proficiency in English and French (which are Canada’s main languages), whether or not they had a job set up in Canada, whether or not they had family members in Canada, their level of education, and the area of Canada to which they wanted to immigrate too. Just like in the United States, this caused there to be a shift in the type of people who immigrated to Canada from Europeans to Asians.

Finally in 1976, a new Canadian Immigration Act, that Canada still uses today, was implemented. This act separated Canadian immigrants into four separate categories, or as they call them, classes:  a humanitarian class (which included refugees, persecuted or displaced persons), an independent class, a family class, and an assisted relative class. Just like in the United States, Canada implemented a very strong family immigration policy, but what makes Canadian immigration policy different from American immigration policy is the strong emphasis on the independent class which is run by the point system. Canada’s immigration policy therefore is using immigration more for economic profitability purposes, whereas the United States’ seems geared more to a humanitarian or familiar goals. This fundamental difference in immigration policy between the two countries illustrate strong political differences between the two countries which result in differing economic impacts of immigration.