Lawsuit Filed to Stop Implementation of Health Insurance Requirement for Immigrants

November 1, 2019 § Leave a comment

Civil Rights Coalition files lawsuit to halt implementation of President Trump’s proclamation to withhold entry of immigrants who do not have the means to obtain health insurance or pay for their medical expenses outright.

On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system,” claiming that immigrants entering the United States who don’t have access to health insurance or the ability to pay for their health care independently place an unnecessary burden on American taxpayers who become responsible for covering the cost of their bills. In addition, Trump states that uninsured individuals often overcrowd emergency rooms in hospitals, thereby preventing individuals in need of true emergency care from receiving necessary treatment. The proclamation was scheduled to go into effect at 12:01 AM (ET) on 11/3/19. However, on 10/30/19, the Civil Rights Coalition filed a lawsuit under the expectation that, if implemented, “the proclamation would have unprecedented scope and impact,” permanently separate families and forcing businesses to let go of essential employees, thus affecting a vast number of people, including U.S. citizens and lawful permanent residents. While some have speculated that the President’s attempts to ban underprivileged immigrants reflects a personal bias against immigrants of color, the proclamation is certainly unconstitutional and violates separation of powers by unilaterally rewriting U.S. immigration laws and violating Congress’s expressed intent to provide affordable healthcare to legal immigrants and citizens regardless of their financial status.

Getting Employment-Based Visas is Becoming More Difficult

October 6, 2019 § Leave a comment

The importance of global connectivity in current job markets is growing rapidly. Employers can now hire their staff from all over the world, expanding their specializations and talent. However, American employers have been having a hard time getting visas approved for their new hires. When employers experience these hardships, they consider relocating their company to a different country. Not only does this affect the company, but it takes away American jobs.

The difficulty in obtaining a visa for an employee is caused by what the government expects of visa applicants and what is legally required of visa applicants. When an employer files a visa on behalf of their employees, the burden of proof (of eligibility) lies on the employer, not the government. Legally, the employer’s claim must meet the standard of being “more likely than not” to be true, which is also referred to as being true “by a preponderance of the evidence”.

Due to increasingly difficult circumstances to get visa approvals, it appears that the government’s expectations of the employers have raised to prove the claim is true “beyond a reasonable doubt,” which is by no means equal to “by a preponderance of evidence.” The unspoken standard has made it nearly impossible for employers to create an application that matches the potential that United States Citizenship and Immigration Services (USCIS) is looking for.

L-1 visas are particularly difficult to get approved. L-1 visas are reserved for specialized individuals working in management or executive positions that are transferring roles within a company in the United States. The rules of L-1 visa approvals state that the applicant must prove that each employee they supervise is a “professionals,” which means they have a degree. They must also provide very detailed job descriptions and qualifications to prove that their position is either in a management or executive role.

If you consider Steve Jobs or Henry Ford, you’ll be able to acknowledge that they were very successful executives that made an effort to stay in contact with the hands-on aspect of their work. If they were applying for L-1 visas today, it’s likely they would not get approved because their responsibilities in their executive roles did not fit the USCIS description.

Lawmakers and USCIS employees don’t realize that they are pushing away hard-working employees and reliable American companies. Companies and employees are relocating and finding fits that make their line of work easier to be productive in. Visa reform is crucial in keeping jobs in the United States.

USCIS Unlawful Presence Policy

August 2, 2019 § Leave a comment

The USCIS’s memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” went into effect on August 9, 2018. The memo penalized international students who overstayed and violated the terms of their visas. However, due to a pending lawsuit, the government’s proposal to be tougher on students falling out of status and accruing unlawful presence has not been able to go into effect.

Guide to the Deportation Process

July 18, 2019 § Leave a comment

Immigration and Customs Enforcement have begun their promised raids throughout the nation. By the end of this week, at least ten cities will be targeted by ICE raids with the intention to arrest at least 2,000 people who are not eligible to remain in the country. 

These recent raids are primarily targeting families from Central America. These families have been arriving in large numbers since the fall. The intention of these raids are to deport parents and children and deter others from coming to the country as well. 

Before an arrest is made, ICE agents typically stake out the homes of their targets. They have to wait until the target voluntarily leaves their home in order to make an arrest. Once arrested, they retain their basic rights such as the right to remain silent. 

After they are arrested, they are taken to an ICE office for processing, which can take several hours. During processing, they are taken to a detention center. If an Attorney is involved, they may be able to file a motion to reopen the removal proceeding in order to give the immigrant more time for their case to be heard. This process could take weeks or months depending on the case.

The process of deportation depends on where they are and the country they are going to. When the detainee is physically removed from the country, they have two options. They can be handcuffed on a commercial flight or put on a flight chartered by ICE. Tens of thousands of people are returned to their home countries on flights chartered by ICE each year. 

President Trump’s Planned Use of Emergency Powers to Fund Border Wall

February 19, 2019 § Leave a comment

On Friday, February 15 President Trump announced that he will declare a national emergency to build a wall on the border with Mexico, using money from other federal accounts, after Congress declined to authorize sufficient funds to satisfy him in legislation that averts another government shutdown.  Since then on Monday February 18, a coalition of 16 states, including California and New York, have challenged President Trump in court over his plan to use emergency powers to spend billions of dollars on his border wall.

President Trump has changed his rhetoric on the wall after the government shutdown has ended. At first, he admitted that he used talk of the wall as a tactic to keep people from leaving his rallies. “If it gets a little boring, if I see people starting to sort of, maybe thinking about leaving, I can sort of tell the audience, I just say, ‘We will build the wall!’ and they go nuts”, Trump told New York Times editors. During his candidacy, Trump often discussed how Mexico would be responsible for paying for the wall at the border. However, after realizing this idea was getting him nowhere with Congress, he decided to start the government shut down and demand $5.7 billion in funding.

During the government shutdown, Trump began to ease his wording. His speeches quickly went from “wall”, to “barrier” or “whatever you want to call it” in hopes of persuading Congress. On January 25th, President Trump temporarily reopened the government until February 15th to work out a deal with Congress that involved his funding.

If Trump were to get his funding, he will have to deal with expensive repercussions similar to the 2006 Secure Fence Act. The government utilized its eminent domain power along the border, taking 128 miles worth of land from Texas citizens. 13 years later, court cases are still being resolved and the government has paid massive amounts of money to the previous land owners, including one man who received $5 million for 6 acres.

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