Posted on June 08, 2022 in Immigration

Since March of 2020, immigration officials have used a rule known as Title 42 to expel many immigrants who have entered the United States illegally without going through the standard deportation procedures. Title 42 was implemented by the administration of President Donald Trump, and it was put in place in response to the COVID-19 pandemic with the stated intent of preventing the spread of infections by people entering the United States from other countries. While the administration of President Joe Biden has announced that it intends to lift this policy, a recent ruling by a federal judge in Louisiana has put a halt to these plans.

Judge Orders Title 42 to Remain in Place Throughout the United States

When the Biden administration announced in April of 2022 that it planned to lift Title 42, several states filed a lawsuit against the administration seeking to keep the order in place. They claimed that lifting the order would force the states to use taxpayer money to address issues related to illegal immigrants, including for law enforcement, healthcare, and education, and this would constitute “irreparable harm.” Judge Robert Summerhays of the U.S. District Court for the Western District of Louisiana, who was appointed by Donald Trump, agreed, and he issued a preliminary injunction preventing the administration from lifting Title 42.

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 Posted on May 11, 2022 in Immigration

With millions of undocumented immigrants in the United States, immigration courts have a significant backlog of cases. Because of this, and in an effort to ensure that immigration officials are properly addressing issues that may affect the safety of people in the U.S., the administration of President Joe Biden has taken action to allow for an increased use of prosecutorial discretion in deportation cases. 

What Is Prosecutorial Discretion?

Immigration officials may evaluate a case to determine whether to enforce immigration laws, and in some cases, they may choose to dismiss a case, pursue an administrative closure, or agree to stipulations such as releasing a person on an immigration bond or continuing a case until a later date. During removal proceedings, a person may request prosecutorial discretion and ask for a case to be dismissed or for other forms of relief.

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 Posted on May 06, 2022 in Immigration

There are many situations where immigrants living in the United States may run into trouble with immigration officials. In these cases, the threat of deportation can be very worrisome, especially if it could result in a person being uprooted from their home and community, taken away from their loved ones, and forced to resettle in another country. While there are a number of potential defenses that may be available, once a deportation order is issued, a person may worry that they will have no way to avoid removal from the United States. However, it may be possible to pursue an appeal of a deportation order, and a person may be able to receive a stay that will temporarily prevent their removal.

BIA Emergency Stay Requests

When an order is issued that prevents government officials or other parties from taking certain actions, this is known as a “stay.” After a deportation order is issued by an immigration court judge, the immigrant subject to this order may request an emergency stay while they are pursuing an appeal. A person must file a written request for an emergency stay with the Board of Immigration Appeals (BIA), and their request may be considered if all of the following are true:

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 Posted on April 15, 2022 in Immigration

Immigrants often enter the United States seeking a better life and hoping to take advantage of opportunities that will allow them to live in safety and financially support themselves and their families. Unfortunately, there are many situations where immigrants may be subject to deportation. In some cases, immigration officials may use “expedited removal” proceedings to ensure that a person will be required to leave the country without the opportunity to have their case heard by an immigration judge. In these situations, it is important to understand exactly what expedited removal is and the potential defenses that may be used.

When Is Expedited Removal Used?

Generally, expedited removal applies to immigrants who attempt to enter the United States without documents that authorize them to do so. In 2017, President Donald Trump issued an executive order expanding the use of expedited removal and allowing the Department of Homeland Security (DHS) to use this process for all undocumented immigrants who had been physically present in the U.S. for under two years and who entered the country illegally. However, the administration of President Joe Biden has rescinded this expanded use of expedited removal, and as of March 2022, the process is once again limited to cases where immigrants are apprehended near the border. In most cases, expedited removal will apply to those who first arrive in the United States or were apprehended within 100 miles of the border within 14 days after their entry. It may also be used if a person arrived in the U.S. by sea and was apprehended within two years after their date of entry.

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 Posted on April 06, 2022 in Immigration

Immigrants come to the United States for many reasons, and in some cases, a person or family may flee from a country where their safety has been put at risk. These immigrants may seek humanitarian relief and ask to be granted permission to remain in the United States rather than being returned to a country where they are likely to suffer harm or be killed. Asylum is one of the most effective forms of humanitarian relief, and it may apply to a person who has entered the U.S. and has a credible fear that they will suffer persecution or other forms of harm if they were returned to their country of origin. 

Title 42 and Asylum Cases

Unfortunately, the ability of many immigrants to claim asylum protections has been limited in recent years. Due to the COVID-19 pandemic, the administration of President Donald Trump implemented a policy known as Title 42. This rule was intended to prevent Covid infections from being spread by immigrants entering the United States, and it allowed immigration officials to expedite the removal of people who did not have the proper documentation. Since it was implemented in March 2020, Title 42 has been used to expel around 1.7 million people from the U.S.

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 Posted on March 02, 2022 in Immigration

Imigrants will often establish lives in the United States alongside their family members, and they may maintain steady employment, pay taxes, and build ties to their communities. After living in the U.S. for multiple years, potential deportation may completely upend a person’s life and cause a great deal of difficulty for them and their families. Fortunately, immigrants may have multiple options in these situations, and in some cases, a person may qualify for cancellation of removal, which will allow them to receive an adjustment of status and become lawful permanent residents.

Eligibility for Cancellation of Removal

Deportation is also known as removal. Those who qualify for cancellation of removal will be able to avoid being deported, and their legal status may be adjusted to lawful permanent resident, allowing them to receive a Green Card. Those who currently have a valid green card but are involved in deportation proceedings due to deportability or inadmissibility may receive a cancellation of removal if they have been a lawful permanent resident for at least five years, have lived in the United States for at least seven years, and have not been convicted of an aggravated felony.

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 Posted on February 14, 2022 in Immigration

Immigrants in the United States who are undocumented or who need to defend against deportation may have a variety of options. For those who have experienced abuse, been the victims of crime, or are at risk of harm in other countries, humanitarian relief may be available. Minors who have experienced abuse or neglect may qualify for Special Immigrant Juvenile (SIJ) status, which will allow them to remain in the United States and apply for green cards. When petitioning for this form of relief, a person will need to understand the eligibility requirements and the steps they will need to take to maintain a lawful status in the U.S.

Eligibility for Special Immigrant Juvenile Status

If a person receives Special Immigrant Juvenile status, they will be able to apply to become a lawful permanent resident. SIJ status will provide exemptions to certain issues that may cause a person to be ineligible for adjustment of status, including unlawful entry and employment without authorization. If necessary, a person may also apply for a waiver of inadmissibility for any other issues that would be barriers to adjustment. After receiving SIJ status, a person will be able to apply for work authorization that will allow them to obtain employment while they are applying for a green card.

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 Posted on December 27, 2021 in Immigration

The Biden Administration recently announced that it will restore a Trump-era policy regarding migrants waiting for immigration hearings. Any migrants who wish to enter the U.S. seeking asylum will once again need to stay in Mexico until the date of their hearing arrives.

According to NPR, Mexico will allow asylum seekers to return to the country to await their hearing dates. The revival of this policy will affect approximately 70,000 people seeking asylum in the U.S.

Why the policy came back

President Donald Trump originally put this policy into place in January 2019, and President Joe Biden suspended this requirement the day he became president. The revival of this migration policy occurs under court order, even though the Biden administration wishes to end it. A lawsuit brought forward by Missouri and Texas required this asylum policy to go back into effect as long as Mexico accepted.

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 Posted on September 16, 2021 in Firm News

Migrants coming to the United States across the southern border can face a number of challenges.

The implementation of Title 42 brought about changes to asylum in the U.S. What is this rule and how does it affect migrant families?

Removal from the U.S.

There are various reasons for the removal of an individual or a family from the U.S. One of those pertains to having entered the country without a visa. However, under the current administration, many migrant families have been permitted to seek asylum. But regulations change, and the implementation of Title 42 under Section 265 of the U.S. Code has had an effect on asylum availability.

What it means

Issued as an emergency regulation in March 2020, Title 42 allows the Centers for Disease Control and Prevention (CDC) to prohibit people to enter the U.S. when the Director believes that “there is serious danger of the introduction of disease into the United States.” Border Patrol agents and customs officers have the authority to implement this order as the CDC directs.

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 Posted on June 28, 2021 in Immigration

Many immigrants flee their home countries due to violent and dangerous situations that put them and their families at risk. Recently, the U.S. changed its policies and ended requirements that made it harder for immigrants to come to the U.S. seeking asylum from violence.

According to AP News, Attorney General Merrick Garland provided updated instructions for immigration judges to use when making decisions about asylum grants for immigrants fleeing domestic or gang violence. This action undid rules from the Trump administration that made it harder for immigrants to qualify for asylum.

The impact of this change

This recent change to asylum guidelines could make it easier for immigrants to earn humanitarian protection when trying to escape violent situations. This could lead to more immigrants filing for asylum and trying to receive protection through the immigration system. Garland initiated this change after President Joe Biden requested that the Department of Homeland Security create a new set of rules about which groups of people should become eligible for asylum.

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