Articles Posted in Unaccompanied children

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The aftermath of the presidential election has sent shockwaves throughout the immigrant community.

In just 70 days, Donald Trump is set to become the next President of the United States. That means that major changes are coming to immigration law and policy.

In this video attorney Jacob Sapochnick explains what Trump’s victory means for immigration, including his promise to execute mass deportations throughout the United States, as well as other controversial immigration policies that he is expected to implement when he takes office on January 20, 2025.

Want to know more? Just keep on watching

Overview

Mass Deportations

Throughout his campaign, Trump has called for mass deportations nationwide which he has said will be the “largest deportation effort in American history. “

It is said that his advisors are discussing whether they can declare a “national emergency,” to allow the government to call upon military officials to detain and remove undocumented migrant gang members from the United States. His campaign has also suggested ending sanctuary cities to remove suspected criminals, including drug dealers and cartel members from the population.

His promises also include hiring thousands of border patrol agents to secure the southern border to deter illegal immigration.

Trump’s Top Five Policies Targeting Immigration Law

The following are the top 5 areas where Trump’s policies will have the greatest impact in the lives of immigrants in the United States.

Immigrants should understand the potential challenges they could face under the Trump administration and consult with an experienced immigration attorney to create a plan of action in the months ahead. It is important to do so as soon as possible, because sensitive cases may call for immediate action before Trump is inaugurated.

#1 Asylum Restrictions

During Trump’s presidency in 2017, his administration was responsible for implementing widespread asylum restrictions. It is likely that his administration will re-implement many of his previous immigration policies, which limit asylum applications.

His policies are also likely to restrict asylum applications at the border, as they did during his first term in office.

Examples of Asylum Restrictions:

In 2020, the Trump administration published 7 final rules in the Federal Register to:

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about President Biden’s newly signed executive orders on immigration and his administration’s new legislative bill.

Want to know more? Keep on watching for more information.

Overview

On January 20, 2021, in his first day in office, President Biden signed a series of executive orders relating to immigration. In this video, attorney Jacob Sapochnick discusses what these executive orders will mean for you and what we may expect to see from the Biden administration in the months ahead with respect to comprehensive immigration reform.

Fact Sheet on Immigration

The Biden administration unveiled a brand new immigration reform bill entitled, the U.S. Citizenship Act of 2021, which proposes to overhaul the United States immigration system.

The bill includes a number of new reforms designed to streamline the immigration system and create a pathway to citizenship for undocumented immigrants. To become law, the bill must still pass both houses of Congress including the U.S. House of Representatives and the Senate.

These reforms are as follows:

  • Offers an 8-year path to citizenship for millions of people who were living in the United States unlawfully on Jan. 1, 2021. They would be eligible to apply for a green card after 5 years in a temporary status if they pass background checks and pay their taxes and could then apply for citizenship 3 years later.
  • Allows people with Deferred Action for Childhood Arrivals (DACA) protection, a group known as “Dreamers”, who were brought to the United States illegally as children, farmworkers and people with Temporary Protected Status to immediately apply for a green card if they meet specific requirements. They would have a 3-year path to citizenship.
  • Permits certain immigrants who were deported during the Trump administration and had previously lived in the United States for three years to return to reunite with family or for other humanitarian reasons.
  • Raises annual per-country limits on family-based immigration and eliminates them for employment visas.
  • Introduces changes to ease the U.S. citizenship application process.
  • Increases the diversity visa lottery program visa quota from 55,000 to 80,000.
  • Exempts spouses and children of green card holders from employment-based immigration quotas, expanding the number of green cards available to employment-based immigrants.
  • Scraps multi-year bars to re-entry for certain people who lived in the United States illegally and then left.
  • Clears family-based and employment-based visa backlogs.
  • Provides work permits to dependents of H-1B visa holders.
  • Authorizes regional processing centers in Central America to register and process people for refugee resettlement and other legal migration programs.
  • Authorizes funding for legal counsel for vulnerable populations of migrants, such as children.
  • Increases the number of immigration judges working in the court system.
  • Eliminates the 1-year filing deadline for asylum applications.
  • Changes the word “alien” to “noncitizen” in U.S. immigration laws.
  • Immigrants with approved family-sponsored petitions (I-130) can join family members on a temporary basis while they wait for their green cards to become available.
  • New immigration protections for widows and children of second World War veterans.

For more detailed information about the U.S. Citizenship Act of 2021 please click here.

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The Trump administration recently announced new rules for expedited removal, the process of apprehending undocumented immigrants and removing them from the United States, without the opportunity to see a judge or attend an immigration hearing.

What is Expedited Removal?

Expedited removal refers to the fast track process of deporting an undocumented immigrant from the United States without an immigration hearing. This fast track removal process has been in effect since July 23, 2019.

Prior to this date, individuals apprehended within 100-miles of a U.S. border, present in the United States for less than 14 days, were not entitled to an immigration hearing prior to removal from the United States.

Under the new rules, a person who is unlawfully present anywhere in the U.S., for a period of less than 2 years, can be placed under expedited removal. If you have been unlawfully present in the U.S. for more than 2 years, then you must provide documentary evidence of your physical presence during that time to avoid expedited removal.

Expedited removal is part of a larger effort to deter illegal immigration and prevent American employers from hiring undocumented immigrants.

For more information about expedited removal please click here.

Don’t forget to download our free e-book, the Five Ways to Get a Green Card in the United States here.

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In this segment, attorney Jacob J. Sapochnick discusses a new development relating to President Barack Obama’s November 2014 executive action on immigration. For more information about President Obama’s executive actions on immigration please click here and here.

Overview: 

  • SCOTUS recently granted a request that secures timely consideration for President Obama’s Executive Actions raising the likelihood the case will be heard in the spring and a decision by the end of June; just a few months before the Presidential election.
  • When the Executive Actions on immigration were announced last year, several states filed an injunction against extended DACA and DAPA and those provisions have been at a standstill ever since.
  • Twenty-six states were involved in the lawsuit, with Texas as the lead plaintiff.

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In this news segment with CBS8, Attorney Jacob Sapochnick Esq,  discusses a new bill signed into law on Saturday, September 27, by California Governor Jerry Brown. The new law appropriated $3 million to nonprofit organizations who are qualified to aid unaccompanied children, coming from Central America to the United States, to seek legal representation. The law facilitates unaccompanied minors to seek legal representation in their removal proceedings.

Governor signs bill for lawyers for immigrant kids.

For more information please contact our office.  Please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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