Articles Posted in Immigration Ban

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During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.

Overview

What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.

EO #1 President Trump’s America First Priorities

The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

We suspect that this will likely lead to the reinstatement of the “Muslim travel bans” within the next 60 to 90 days.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

EO #2 Initial Rescissions of Harmful Executive Orders and Actions

His next executive order entitled “Initial Rescissions of Harmful Executive Orders and Actions,” overhauls and rescinds dozens of executive orders signed into law by former President Joe Biden.

By doing away with these executive orders, the Trump administration is rescinding the policies that were put in place by the previous administration to clear the way to enact new policies on immigration and quickly enforce them through various federal agencies such as the Department of State, Department of Homeland Security, and the U.S. Citizenship and Immigration Services (USCIS).

EO Highlights:

This order rescinds a series of COVID-19 related executive orders signed during the Biden administration which recommended policies for COVID-19 governmental response including COVID-19 treatment, vaccine requirements, testing, reopening of schools, and worksites.

These rescissions signal that the Trump administration is likely to overhaul the government’s response to COVID-19, such as directing federal agencies to modify public health and safety policies relating to COVID-19.

This has already begun with the U.S. Citizenship and Immigration Services’ (USCIS) recent elimination of the COVID-19 vaccination requirement for adjustment of status applicants seeking permanent residence in the United States (green cards).

Additionally, the order rescinds dozens of Biden-era executive orders that previously removed President Trump’s immigration policies and procedures from being enforced during the Biden administration. The Biden administration set forth their own executive actions such as facilitating asylum protections, creating a task force to reunite unaccompanied children with their families, strengthened the United States Refugee Admissions Progam (USRAP), rescinded Cuba’s designation as a state sponsor of terror, etc.

All of these actions have been rescinded by the Trump administration paving the way for more restrictive immigration policies ahead.

EO #3: Protecting the Meaning and Value of Citizenship (Ending Birthright Citizenship)

His third most controversial executive order entitled, “Protecting the Meaning and Value of Citizenship,” seeks to change the interpretation of the 14th amendment of the U.S. Constitution which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The Trump administration argues that the 14th amendment does not extend citizenship rights to everyone born in the United States and has always excluded from birthright citizenship, persons who were born in the United States but not “subject to the jurisdiction thereof.”

According to Trump’s executive order, the privilege of United States citizenship does not automatically extend to persons born in the United States:  

(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

As a result, the order makes it is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:  

(1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

This policy is intended to apply only to persons who are born within the United States after 30 days of this order (February 19, 2025). The heads of all executive departments and agencies have been directed to issue public guidance within 30 days regarding its implementation.

This executive order will not impact the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

A Federal Lawsuit Blocks Its Enforcement as of January 23th 

As of January 23, 2025, a federal judge from the U.S. District Court in the Western District of Washington, has temporarily blocked the executive order ending birthright citizenship from being enforced by the Trump administration.

In response to a lawsuit led by the states of Washington, Arizona, Illinois, and Oregon, challenging the executive order, the federal judge issued a 14-day Temporary Restraining Order (TRO) effective January 23, 2025 (ending on February 6, 2025). The TRO immediately blocks and enjoins the government from acting on the executive order.

The court’s temporary restraining order is likely to be extended while the litigation moves through federal courts. It is likely that this lawsuit will come before the U.S. Supreme Court for final resolution, which could take years to come about.

EO #4 Securing Our Borders

With this executive order, the Trump administration makes it the policy of the United States to take all appropriate action to secure our nation’s borders through the following means:

  • Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology
  • Deterring and preventing the entry of illegal aliens into the United States (mass deportations)
  • Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States
  • Removing promptly all aliens who enter or remain in violation of Federal law
  • Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States
  • Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration priorities and
  • Obtaining complete operational control of the borders of the United States.

The Secretary of Defense and the Secretary of Homeland Security shall:

  • take all appropriate action to deploy personnel and construct temporary and permanent physical barriers to ensure complete operational control of the southern border
  • take all appropriate actions to detain, aliens apprehended for violations of immigration law until their successful removal from the United States.
  • Issue new policy guidance or proposals regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch-and-release,” whereby illegal aliens are released into the United States shortly after their apprehension for violations of immigration law.
  • Resume Migrant Protection Protocols along the southern border of the United States, and to ensure that, pending removal proceedings, aliens are returned to the territory from which they came.
  • Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States
  • Terminate all categorical parole programs that are contrary to the policies of the United States established in President Trump’s Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
  • Ensure that all future parole determinations fully comply with this order and with applicable law
  • Take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, for all aliens detained under the authority of the United States
  • Take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security
  • Take all appropriate action to prioritize the prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.

EO #5 Realigning the United States Refugee Admissions Program

This executive order suspends the U.S. refugee admissions program (U.S. RAP), to prevent the influx of undocumented immigrants. The suspension is effective 12:01 am eastern standard time on January 27, 2025.

With its signing, it revokes Biden’s Executive Order 14013 Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.

Trump’s order prioritizes safety and national security concerns in the administration of U.S. RAP.

At an appropriate time, the Trump administration will admit only those refugees who can “fully and appropriately assimilate into the United States,” and ensure that the United States preserves taxpayer resources for its citizens.

  • It will be the policy of the United States that State and local jurisdictions be granted a role in the process of determining the placement or settlement of aliens eligible to be admitted to the United States as refugees in their jurisdictions.
  • Notwithstanding the suspension of the USRAP, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such aliens as refugees is in the national interest and does not pose a threat to the security or welfare of the United States.
  • Within 90 days of this order, the Secretaries must submit a report to the President to advise about whether resumption of entry of refugees into the United States under the U.S. would be in the interests of the United States, in light of the policies outlined in section 2 of this order.

Thereafter, they must submit further reports every 90 days until President Trump determines that resumption of the U.S. RAP is in the interests of the United States.

EO #6 Declaring a National Emergency at the Southern Border of the United States

This executive order declares a national emergency at the southern border of the United States and directs the U.S. Armed Forces (including the Ready Reserve and National Guard) to take all appropriate action to assist the Department of Homeland Security (DHS), in obtaining full operational control of the southern border, to prevent the illegal entry of immigrants into the United States.

  • The order directs the Secretary of Defense to take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
  • The Secretaries of Defense and Homeland Security are directed to construct additional physical barriers along the southern border and coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border.
  • The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, must take all appropriate action, consistent with law, to prioritize the impedance and denial of the unauthorized physical entry of aliens across the southern border of the United States, and to ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces.

With the passage of this executive order, Biden’s Proclamation 10142 entitled, “Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction,” is revoked.

EO #7: America First Trade Policy (USMCA)

This executive order makes it a matter of policy for the United States to promote economic trade policies that place our nation’s interests first, including those of American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.

It calls upon the government to investigate unfair trade practices and recommend appropriate measures to remedy deficits.

Furthermore, it requires the government to begin the public consultation process for the United States-Mexico-Canada Agreement (USMCA) formerly known as NAFTA, to prepare for the July 2026 review of the USMCA trade agreement with Canada and Mexico.

The government will be assessing the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses, while making recommendations regarding the United States’ participation in the agreement.

Since the USMCA makes possible the TN work visa program for Canadian and Mexican nationals, any changes to the agreement could lead to additional barriers to obtaining this visa depending on recommendations from the heads of federal agencies.

EO #8 Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States

This executive order makes it the policy of the United States to utilize the U.S. Armed Forces to protect the sovereignty and territorial integrity of the U.S. along its national borders.

Considering that the President has declared a national emergency along the southern border, the U.S. Armed Forces will be utilized to prevent unlawful migration and defend our national borders.

Within 10 days, the Secretary of Defense must submit to the President a revision to the Unified Command Plan, that assigns United States Northern Command (USNORTHCOM) the mission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States, by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.

The Secretary of Defense must also make continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry, impingement on the national sovereignty, and security by foreign nations and transnational criminal organizations.

EO #9 Restoring the Death Penalty and Protecting Public Safety

This executive order directs the Attorney General to pursue the death penalty for severe crimes demanding its use.

In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving:

(i)   The murder of a law-enforcement officer; or

(ii)  A capital crime committed by an alien illegally present in this country.

EO #10 Protecting the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats

This executive order applies enhanced vetting and screening protocols during the visa-issuance process to ensure that aliens approved for admission into the United States do not intend to harm Americans or pose a threat to national security.

Admitted aliens and aliens otherwise already present in the United States must not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and must not advocate for, aid, or support designated foreign terrorists and other threats to national security.

To align with these goals, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly:

  • Identify resources that may be used to ensure that aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible
  • Determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA for one of its nationals, and ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat
  • Re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind and
  • Vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks.
  • Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, a report:
    • identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)) and
    • identifying how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021, and any other information the Secretaries and Attorney General deem relevant to the actions or activities of such nationals since their admission or entry to the United States
    • Whenever information is identified that would support the exclusion or removal of any alien described in subsection 2(b), the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States.

Within 30 days of this executive order, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall also:

(a)  Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign Service Manual, or guidance of any kind pertaining to each of the grounds of inadmissibility listed in sections 212(a)(2)-(3) of the INA (8 U.S.C. 1182(a)(2)-(3)), to ensure the continued safety and security of the American people and our constitutional republic;

(b)  Ensure that sufficient safeguards are in place to prevent any refugee or stateless individual from being admitted to the United States without undergoing stringent identification verification beyond that required of any other alien seeking admission or entry to the United States

(c)  Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States

(d)  Recommend any actions necessary to protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental constitutional rights of the American people, or who provide aid, advocacy, or support for foreign terrorists

(e)  Ensure the devotion of adequate resources to identify and take appropriate action for offenses described in 8 U.S.C. 1451

(f)  Evaluate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken

(g)  Recommend any additional actions to protect the American people and our constitutional republic from foreign threats.

EO #11: Designating Cartels and Other Organizations as Foreign Terrorist Orgs and Specifically Designated Global Terrorists

This executive order makes it the policy of the United States to ensure the total elimination of foreign terrorist organizations’ presence in the U.S., and their ability to threaten the territory, safety, and national security.

Within 14 days of the date of the order, the Secretary of State, in consultation with the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall take appropriate action to:

  • make a recommendation regarding the designation of any cartel or other organization described in section 1 of the order as a Foreign Terrorist Organization and/or a Specially Designated Global Terrorist
  • make operational preparations regarding the implementation of any presidential decision invoked the Alien Enemies Act, in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.

EO #12: Guaranteeing the States Protection Against Invasion

This executive order classifies the illegal entry of undocumented immigrants at the southern border as an “invasion” under Article IV, Section 4 of the Constitution of the United States, and suspends the physical entry of certain aliens until the invasion at the southern border has ceased.  

Furthermore, the entry into the United States, of any alien who fails, before entering the United States, to provide Federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of sections 212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3), is deemed detrimental to the interests of the United States.

  • The entry into the United States of such aliens is suspended and their access to provisions of the INA that would permit their continued presence in the United States is restricted, including, but not limited to, section 208 of the INA, 8 U.S.C. 1158.
  • The order directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to take all appropriate actions as may be necessary to achieve the objectives of this proclamation, until the invasion at the southern border has ceased
  • It also directs them to take all appropriate action to repel, repatriate, or remove any alien engaged in the invasion across the southern border of the United States, whether as an exercise of the suspension power in section 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), or as an exercise of the President’s delegated authority under the Constitution of the United States, until a finding that the invasion at the southern border has ceased

EO #13: Protecting the American People Against Invasion

This executive order makes it a policy of the United States to faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people.  It also makes it a matter of policy to achieve enforcement of the law, through lawful incentives and detention capabilities.

What this order does:

Revokes the following Biden era executive actions:

  • Executive Order 13993 Revision of Civil Immigration Enforcement Policies and Priorities
  • Executive Order 14010 Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
  • Executive Order 14011 Establishment of Interagency Task Force on the Reunification of Families and
  • Executive Order 14012 Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans
    • Directs executive departments and agencies to promptly revoke all memoranda, guidance, or other policies based on the above Executive Orders and ensure the faithful execution of the immigration laws against all inadmissible and removable aliens.
    • Directs the Secretary of Homeland Security to take all appropriate action to enable the ICE, CBP, and USCIS to set priorities for their agencies that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal.
    • Directs the Secretary of Homeland Security to ensure that the primary mission of ICE Investigations division is the enforcement of the provisions of the INA and other Federal laws related to the illegal entry and unlawful presence of aliens in the United States and enforcement
    • The Attorney General, in coordination with the Secretary of State and the Secretary of Homeland Security, shall take all appropriate action to prioritize the prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of aliens in the United States.
    • The Attorney General and the Secretary of Homeland Security shall take all appropriate action to jointly establish Homeland Security Task Forces (HSTFs) in all States nationwide to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, dismantle cross-border human smuggling and trafficking networks, end the scourge of human smuggling and trafficking, with a particular focus on such offenses involving children, and ensure the use of all available law enforcement tools to faithfully execute the immigration laws of the United States.

Directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General to:

(a)  Immediately announce and publicize information about the legal obligation of all previously unregistered aliens in the United States to comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code

(b)  Ensure that all previously unregistered aliens in the United States comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code and

(c)  Ensure that failure to comply with the legal obligations of part VII of subchapter II of chapter 12 of title 8, United States Code, is treated as a civil and criminal enforcement priority

  • Secretary of Homeland Security shall take all appropriate action, to ensure the efficient and expedited removal of aliens from the United States
  • Take all appropriate action and allocate all legally available resources or establish contracts to construct, operate, control, or use facilities to detain removable aliens, ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country
  • Promptly rescind the policy decisions of the Biden administration that led to the increased or continued presence of illegal aliens in the United States, and align any and all departmental activities with the policies set out by this order and the immigration laws.  Such action should include, but is not limited to:

(a)  ensuring that the parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised on only a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual alien demonstrates urgent humanitarian reasons or a significant public benefit derived from their particular continued presence in the United States arising from such parole

(b)  ensuring that designations of Temporary Protected Status are consistent with the provisions of section 244 of the INA (8 U.S.C. 1254a), and that such designations are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute and

(c)  ensuring that employment authorization is provided in a manner consistent with section 274A of the INA (8 U.S.C. 1324a), and that employment authorization is not provided to any unauthorized alien in the United States.

  • Ensure “sanctuary” jurisdictions, which seek to interfere with the lawful exercise of Federal law enforcement operations, do not receive access to Federal funds.  Further, the Attorney General and the Secretary of Homeland Security shall evaluate and undertake any other lawful actions, criminal or civil, that they deem warranted based on any such jurisdiction’s practices that interfere with the enforcement of Federal law.
  • Issue guidance to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644 and ensure that State and local governments are provided with the information necessary to fulfill law enforcement, citizenship, or immigration status verification requirements authorized by law
  • Immediately review and, if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens, to ensure that such agreements conform to applicable law and are free of waste, fraud, and abuse, and that they do not promote or facilitate violations of our immigration laws
  • Pause distribution of all further funds pursuant to such agreements pending the results of the review in subsection (a) of this section
  • Terminate all such agreements determined to be in violation of law or to be sources of waste, fraud, or abuse and prohibit any such future agreements
  • Coordinate with the Director of the Office of Management and Budget to ensure that no funding for agreements is included in any appropriations request for the Department of Justice or the Department of Homeland Security
  • The Director of the Office of Management and Budget shall take all appropriate action to ensure that all agencies identify and stop the provision of any public benefits to any illegal alien not authorized to receive them under the provisions of the INA or other relevant statutory provisions.

Planning for a Tough Road Ahead

The Trump administration has made clear that it is keeping its promises and will get tougher on immigration. While these executive orders impact undocumented immigrants to a large degree, they also impact applicants applying for immigrant and nonimmigrant visas by increasing vetting and screening of applicants, especially those from particular countries that have ties to terrorism or pose national security concerns.

However, immigrants should not lose hope. We are seeing a pushback among dozens of states who are already filing lawsuits in federal courts to challenge these executive orders, such as those ending birthright citizenship.

The key take away is to speak with an immigration attorney to create a plan that will help you navigate the changes that may lie ahead. Keep yourself informed of any changes and adapt your plan as needed.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a breaking news update: President Biden has issued an executive order immediately revoking Presidential Proclamation 10014 issued by the Trump administration.

What does this revocation mean for you and what will happen next?

Keep on watching to learn more.

Overview

We are very excited to report that President Biden has lifted the immigration visa ban known as Presidential Proclamation 10014, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

Proclamation 10014, issued on April 23, 2020, immediately stopped the issuance of visas at U.S. Consulates and Embassies worldwide for the following individuals:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • Diversity visa winners
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

Continue reading

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the operational status of U.S. Embassies and Consulates worldwide. As our readers are aware on March 20, 2020, the Department of State announcement the suspension of routine visa services at all U.S. Embassies and Consular posts worldwide in order to deal with the challenges posed by the Coronavirus pandemic. While U.S. Embassies and Consular posts suspended routine visa services, posts continued to remain open to provide emergency and mission critical visa services. These included the processing of applications for “national interest” waivers.

Since then, U.S. Embassies and Consulates have begun a phased resumption of visa services as local country conditions and resources have allowed.

Want to know more? Stay tuned for more information about this important topic.

Overview

In this video, we discuss the status of immigrant visa processing at U.S. Embassies and Consular posts worldwide. The information provided is based on what our office is currently experiencing, official government sources, and information we have received from other attorneys and members of our private Facebook group.

We are now ending fiscal year 2020 and are approaching the start of a new fiscal year that begins on October 2020. The Department of State predicts an overflow of immigrant visas. More than 100,000 additional employment-based visas will become available in the new fiscal year, while nearly 300,000 additional family-based visas will become available in the new fiscal year.

What is responsible for this overflow in visas?

This overflow in visas is the result of a combination of various factors. Due to the Coronavirus pandemic, and the numerous Presidential Proclamations that followed, many immigrant visas were not allowed to be issued. This has left many visas up for grabs in the new fiscal year.

What has the Department of State said about resumption of visa services?

The Department of State previously announced that routine visa services at U.S. Embassies and Consular posts would resume after July 15th however things have not gone as planned. The majority of U.S. Embassies and Consular posts did not resume routine visa services to the public on or after this date.

As months passed, some U.S. Embassies and Consular posts reopened interview scheduling on a limited basis. These actions signal that there is some movement in the scheduling of visa interview appointments, however the situation remains fluid. At any time, even the U.S. Embassies and Consular posts that have reopened their calendars for interview scheduling, can cancel these scheduled interviews based on their continued observance of local health conditions.

Which U.S. Embassies and Consular posts have resumed immigrant visa interviews?

Based on what we are seeing, the following Embassies/Consular posts have resumed immigrant visa interviews:

DISCLAIMER: Please keep in mind the situation continues to remain fluid and Embassy/Consular posts may choose to cancel scheduled interviews at any time based on country conditions.

  • U.S. Embassy in Kenya – open for immigrant visa interviews as of September 2020
  • U.S. Consulate in Mumbai, India – open for biometrics, was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
  • U.S. Consulate Frankfurt, Germany – was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
  • U.S. Embassy Tokyo, Japan- open for immigrant visa interviews as of mid-August 2020
  • U.S. Embassy Seoul, Korea – open for immigrant visa interviews
  • U.S. Consulate Guangzhou, China – only post in China open for immigrant visa interviews
  • U.S. Consulate Ho Chi Minh, Vietnam – open for immigrant visa interviews
  • U.S. Embassy Pakistan – not open for immigrant visa interviews, but emergency interview requests are still being considered
  • U.S. Embassy Paris, France – open for immigrant visa interviews
  • U.S. Embassy Sofia, Bulgaria – open for immigrant visa interviews as of September
  • U.S. Embassy Brussels, Belgium – open for immigrant and non-immigrant visa interviews as of August

Emergency Appointments

Even if your Embassy or Consular post has not resumed routine visa services and interview scheduling, you may request an emergency expedited appointment if your U.S. Citizen spouse or relative is experiencing extreme hardships in your absence, or where there is a medical or other type of emergency. Applicants are encouraged to contact their local Consular post for instructions on how to apply for an emergency appointment.

Our office has been successful in obtaining emergency appointments based on extreme hardship as well as the “national interest” exception for those subject to a Presidential Proclamation. If you would like to know whether you qualify for an emergency appointment or national interest exception, please call us to schedule a consultation.

Questions? If you would like to schedule a consultation, please text or call 619-569-1768.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the dilemma that Diversity Visa applicants are currently facing. What will happen to those who won the diversity visa lottery but are unable to apply for an immigrant visa because of the new proclamation? We answer your questions here and provide other helpful immigration tips. Stay tuned for more information on this topic.

Overview

As many of you know the executive order, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” signed by the President on June 22nd suspends the entry of certain H, J, and L non-immigrants until December 31, 2020 and also extends the previous presidential proclamation signed on April 22nd which barred DV lottery winners from applying for an immigrant visa. Those affected by the April order include diversity visa applicants selected in the DV lottery, who are outside the United States as of the date of the proclamation, and otherwise have no immigrant visa or official travel document allowing them to enter the United States.

Q: What is the impact of this proclamation on DV lottery winners outside the country?

Unfortunately, this proclamation has devastating consequences on DV lottery winners currently residing outside the country. The order could potentially eliminate the possibility of applying for a visa based on diversity visa lottery selection, because DV applicants must be approved for a visa before the September 30, 2020 deadline.

Q. Is there any relief for DV lottery winners?

Lawsuits

Potentially. On April 27th a class action lawsuit by multiple plaintiffs was filed President Donald Trump, DHS, Acting DHS Secretary Chad Wolf, DOS, and DOS Secretary Michael Pompeo, in the U.S. District Court for the District of Columbia challenging the April 22nd  Presidential Proclamation arguing that the proclamation interferes with family reunification, violates the INA, the Administrative Procedure Act (APA), and the Fifth Amendment’s Due Process Clause.

The plaintiffs in the lawsuit asked for a preliminary and permanent injunction (a court order) to block the government from implementing or enforcing the Proclamation on those impacted the April 22nd proclamation including FY 2020 diversity visa lottery winners.

Unfortunately, on May 18, 2020, the district court denied the Temporary Restraining order, which means the government can continue to enforce the April 22nd proclamation until further notice.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a very puzzling topic. Our readers have asked: Are K-1 Visas exempt from the recent Presidential Proclamation? From our reading of the Presidential Proclamation we had discussed in previous videos that K-1 visas are non-immigrant visas, and therefore exempt from the ban on immigration, however lately certain U.S. Embassies have been treating K-1 visas as immigrant visas, which would make them subject to the recent ban on immigration.

We discuss this development further in this video.

Keep on watching for more information.

Overview

As you all know by now on June 22nd the President signed a new presidential proclamation called, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” which extends the previous April 22nd Presidential Proclamation suspending the entry of certain types of immigrants to the United States. The June 22nd order also placed a visa ban on H-1B, H-2B, J, and L nonimmigrant workers applying for a visa at the U.S. Consulate abroad as of June 24th.

The April 22nd proclamation specifically suspended, “the entry into the United States of aliens as immigrants.” Under immigration law, K-1 fiancé visas are non-immigrant visas, and therefore not subject to this ban. K-1 fiancé visas are considered non-immigrant visas because the foreign fiancé is seeking temporary entry to the United States for the limited purpose of marrying the U.S. Citizen spouse. It is not until the foreign national marries the U.S. Citizen spouse that he or she is allowed to immigrate by filing Form I-485 to adjust status to permanent resident.

Unfortunately, a great deal of confusion has been occurring at Embassies worldwide regarding whether K-1 fiancé visas are exempt or not exempt from the presidential proclamation. Recently, some Embassies have erroneously categorized K-1 fiancé visas as immigrant visas, refusing to schedule interviews and issue visas for this category because of the ban on immigration. Others including the Embassy in Manila have correctly provided information that K-1 fiancé visas are exempt from the presidential proclamation.

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