On Saturday, Federal District Court Judge from Portland, Oregon, ruled against the Trump Administration’s attempt to curb legal immigration. The proposed policy would require immigrants to prove they have the financial resources to obtain health insurance if approved for a Visa.

 

Judge Simon issued a nationwide temporary restraining order that prevents the United States Government and the Trump Administration from carrying out this new policy. The Policy was planned to go into effect on November 3rd.

 

According to New York Times Reporter Aimee Ortiz “Mr. Trump’s Oct. 4 proclamation ordered consular officers to bar immigrants who could not prove they had health insurance or the ability to pay for medical costs once they become permanent residents of the United States. The president had justified the policy on the grounds that immigrants were more likely to be uninsured, and that costs associated with this care are passed on to the American people in the form of higher taxes, higher premiums, and higher fees for medical services.”

 

This policy, along with other Immigration based policy changes the Trump Administration has tried to roll out has been constantly stopped by Judges before it reaches the implementation stage.

 

Ortiz reports “Lawyers from Justice Action Center, Innovation Law Lab and the American Immigration Lawyers Association argued that the policy was “plainly illegal” and that it would cause immediate and irreparable harm.“This new requirement rewrites our immigration and health care laws,” the lawyers wrote in a motion seeking a temporary restraining order. They noted that the policy could effectively bar up to 375,000 “otherwise qualified immigrants each year.””

 

The Justice Action Center also stated “We’re glad that the court understands the importance of preventing the health care ban from taking effect tonight, but this is just the first step, Esther Sung, a senior litigator at the Justice Action Center, said on Saturday. The impact of this ban is just huge. Hundreds of thousands of people would be affected,” she said. “Two out of three intending immigrants every year might not be able to join their families. It’s outrageous that the Trump administration is trying to slip this by people without them noticing.”

 

The Supreme Court will be taking on a number of major cases that will have major implications. They will be hearing cases that deal with LGBTQ, guns and DACA.

There are currently 800,000 young immigrants within the DACA system. Their fate is in the hands of nine justices. The Supreme Court will be deciding on the 2017 decision made by President Trump to end the DACA program, they will be evaluating the legality of the decision.

DACA was a program created by President Obama in 2012 using his Executive Authority. The program allows undocumented immigrants who do not have a criminal record and who are attending school, to pay a fee and register with the United States Government. They would be allowed to receive a temporary waiver to be allowed to work and live without fear of deportation. DACA recipients are required to renew their status every two years. 

President Trump claims he can end the program via Executive Decision purely because the program was created by Executive Order.

Immigration public charge Update on Visa Applicants Portland, Oregon

The Public Charge Rule is set to go into affect on October 15th. The new policy has received many challenges, both in court and with Immigration advocates. Critics of the new rule have claimed “The new rule — which critics say makes the definition of “public charge” so vague and all-encompassing that it will effectively favor only rich, white immigrants — drew swift rebuke from dozens of state and local governments, attorneys general, public health organizations and immigrant advocacy groups after U.S. Citizenship and Immigration Services formally announced the policy in September.”

The USCIS has refused to comment on the on-going legal battle between the courts and the Trump administration. Washington Post writer Abigale Hauslohner reports  “Is expected to decide next week on whether to block the rule from taking effect.”

Another Federal Judge in Olympia, Washington is going to hold a separate hearing on the same piece of policy. The lawsuit was filed by a coalition of 13 different states. Judges in New York, Maryland and Illinois will also be making decisions on this policy.

If the policy goes into effect, according to Hauslohner “the new public-charge rule, immigrants who are in the United States legally and use public benefits such as Medicaid, food stamps or housing assistance — or have at one time used public benefits, or are deemed likely to someday use public benefits — could be considered “public charges,” rendering them ineligible for green cards.

The new criteria provide “positive” and “negative” factors for immigration officials to weigh as they decide on green-card applications. Negative factors include whether a person is unemployed, dropped out of high school or is not fluent in English.” Hauslohner also reports “Critics say the rule is likely to reduce legal immigration by slashing eligibility for family-based visas, the leading type of legal immigration to the United States, particularly from low-income countries in Africa and Latin America. They say it could also lead to more deportations as huge numbers of immigrants see their applications denied.”

Hauslohner states “The lawsuits argue that the new “public charge” definition deviates substantially from more than 100 years of legal interpretation. They say it will cause significant harm to the health and well-being of immigrant families, as well as the institutions that service them, by leading many to abstain from seeking public benefits that they or their children may need.”

Immigration News Update on Visa Applicants Portland, Oregon

The Trump administration will deny visas to immigrants who cannot prove they will have health insurance or the ability to pay for medical costs once they become permanent residents of the United States, the White House announced Friday in the latest move by President Trump to undermine legal immigration.

The proclamation has been in the works for many months according to New York Times Reporters Michael Shear and Miriam Jordan. The new policy will not affect refugees, asylum seekers or students seeking to attend college in the United States.

According to Shear and Jordan “ Once the policy is in place, people seeking those visas would be asked by consular officers to show how they intend to be covered by health insurance within 30 days of arriving in the United States. That could include proof that they will have health care through a job or will be covered under a relative’s insurance. If they cannot show that to the satisfaction of the consular office, their visa will be denied”

The recently announced policy has caused a stir, “Thousands of people annually would be denied green cards if the executive order takes effect” said Steve Yale-Loehr, an immigration scholar at Cornell Law School.

“Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Other criticisms include “Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Shear and Jordan also talked with, Doug Rand, a former White House official who worked on immigration in the Obama administration. Rand predicts that the president’s proclamation would be met by legal challenges.

Dated: June 4, 2019

The United States Department of State issued a new policy May 31, 2019 requiring nearly all visa applicants to the United States to list any and all social media accounts, emails, and phone numbers used within the past five years. The new policy was implemented in hopes of improving the visa-screening process.

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Dated: May 30, 2019

Recently the United States and Immigration Services Website has released naturalization statistics. According to the USCIS a total of 163,000 people were naturalized during 2018. This has been a 55% increase from the year before. Some immigration attorneys believe it is due to the recent political climate and the ability to vote is the driving factor behind the spike in citizenship applications and naturalizations. Immigration attorney, Iliana Holguin believes the raise in naturalizations is that now theyre really seeing the importance of having a voice in our democracy by being able to vote. Especially with all the negative rhetoric thats being said about immigrant and immigrant communities.

The desire to vote has been a major factor for permanent residents to become citizens. Washington Post reporter, Allison Klein, reported last year that Maria Valles Vda De Bonilla officially became a United States Citizen at the age of 106-years-old. Bonilla is not the oldest immigrant to become a citizen, a Turkish man became a United States citizen at the age of 117. Both wanted their voice to be heard and it proves that becoming a United States citizen does not have an expiration. Enjoying the benefits of being a United States citizen does not have an age limit.

If you want to enjoy these benefits and have your voice be heard in the upcoming elections please reach out to us at (866)691-9894

Dated: 02/09/2019

The Executive Office for Immigration Review announced that court hearings will resume as the 35-day partial government shutdown came to a close last month. This was a record-long shutdown that delayed approximately 60,000 court hearings according to the Department of Justice. The Executive Office for Immigration Review noted that “cases will be reset for a later date after funding resumes.”

President Donald Trump’s demand for a border wall temporarily halted immigration court hearings for immigrants seeking asylum in the U.S. or for those who were detained.  Immigrants can file a motion for an earlier hearing if necessary. However, the immigration court backlog had been gradually increasing even prior to the government shutdown.

It is important that you stay updated and continue to prepare for your hearing.  If you have questions regarding case processing times or would like more information, feel free to contact our firm today at (866)691-9894.