Wednesday, December 28, 2016

Trump and Immigration

While campaigning for President, Donald Trump pledged to increase enforcement of immigration laws.  After the election, surrogates claim Trump will have more moderate views.  No one is sure what will happen, but given a Republican-controlled Congress, the appointment a Supreme Court Justice, and the new President’s circle of advisors including anti-immigrant stalwarts like Senator Jeff Sessions, everyone should prepare for a stricter immigration environment.

Trump’s policy on immigration states that he will:

Enforce the immigration laws by deporting illegals.

  • Although it is physically impossible to deport all undocumented persons overnight given its economic cost and impact, this policy would significantly affect communities through an exodus of undocumented persons.
    • Persons subject to deportation are given a chance to plead their case before an Immigration Judge – a process that can take years.
    • It will take a long time to hire, train, and empower more enforcement agents.

More strictly enforce current immigration laws

  • There will most probably be a change in “enforcement priorities.” This means ending considerations preventing deportation for persons of good character, with US-born children, owning companies that hire workers, or paying taxes.
  • Empowering and emboldening ICE (Enforcement) Agents and Attorneys to take more decisive action and deny please for clemency or understanding.

Establish new controls to ensure only legal persons can work.

  • Increase enforcement by tripling the number of ICE (Enforcement) Agents.
    • This would decrease the availability of workers in an already tight labor market.

End sanctuary cities

  • Require large cities and their Police to enforce immigration laws.
    • The largest American cities were focusing on solving larger violence problems, and concerns about helping victims of crime who are undocumented.
    • This can dramatically change, requiring all Police to check on immigration status, thus severely impacting life in big cities.

Immediately terminate DACA

  • This affects up to 700,000 people who entered the US as children, finished high school in America, and remained in the country.
    • Under DACA, these child arrivals received a stay from deportation, obtained work authorization and were able to study.
      • With DACA canceled, these persons would lose their permission to work, and if in school, may be expelled.
    • This is especially significant as these childhood arrivals came here through no fault of their own, and many of them are indistinguishable from other young Americans.

Trump also proposes reforms to the immigration system so that immigrants are admitted based on their likelihood of success in the U.S. and their ability to be financially self-sufficient.  Trump would vet applicants to ensure they support America’s values, institutions, and people, and temporarily suspend immigration from certain regions.

trump and immigration

What Does This Mean to US?

FOR THOSE THINKING OF IMMIGRATING

The number one issue is to – stay legally in the USA.  If you have a valid visa, it is critical that you keep that visa valid or apply for a more suitable visa – Student, Employment, Training, Specialty Occupation, etc.

If you have friends or relatives wanting to come to the USA -make sure they apply for the proper visa BEFORE they come.  Permanent residency can be obtained through a job offer within 18 months and applies to the worker and their entire family.  If your friends or family intend to stay and work – have them apply for a green card.  Persons can be sponsored through job offers in a variety of positions from non-skilled to highly skilled – domestic workers, nannies, truck drivers, carpenters, programmers, business managers – the possibilities are endless.

Trump’s proposals for immigration reform would support granting permanent residency to those with jobs who add to the economy. Current programs such as labor certification – or obtaining permanent residency through a job offer, will likely continue.

 

IF YOU ARE ILLEGALLY IN THE US AND HAVEN’T DONE ANYTHING YET

If you can, apply for permanent residency immediately.

President Obama’s programs remain in effect until January 20, 2017:

  1. WAIVERS – Of illegal entries and overstayed visas if either of your parents or spouse is a permanent resident or citizen, and you have a currently available petition
  2. DACA – If you arrived in the USA before the age of 16 and are 15-30 years old, you can apply for special protected status for 2 years, obtain work authorization, and can even travel outside of the USA. This program will end 1/20/2017 or soon after.

IF NONE OF THE ABOVE  apply to you and you no longer have a valid visa – you should at least begin the process of applying for permanent residency.  If President Trump does increase enforcement of immigration laws, some priority must be given to the removal of illegal aliens.  That priority, although unknown, must include some for of mitigating factors.

 

Learn more about Hardship Evaluations.

 

Chris Kurczaba

KURCZABA LAW OFFICES
6219 N. MILWAUKEE

CHICAGO, IL 60646

(773) 774-0000

http://www.kurczaba.info/

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from Counseling Center of Illinois http://www.duiillinois.com/trump-and-immigration/

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