Articles Posted in Customs Enforcement

Within his first 100 days in office, President Trump has signed more executive orders than his three most recent predecessors.  For immigrants, the executive order that should cause the highest level of concern was signed on January 25, 2017 and titled “Enhancing Public Safety in the Interior of the United States.”

alessio-lin-167186-300x200Under the previous administration, immigration enforcement was guided by the “Priority Enforcement Program” (PEP), which focused limited resources toward the apprehension and deportation of individuals with convictions involving violence or drugs, individuals who were a security threat, and individuals who had recently entered the United States.  The PEP allowed some discretion towards individuals who had lived in the United States for a long period of time, had extensive family ties, and who did not pose a threat to the community.

The PEP has since been rescinded.  Trump has delineated a new set of enforcement standards.  If one still has doubts about the administration’s plans to make life more difficult for immigrants, all one would need to do is take a look at the whiteboard behind Trump’s advisor Steve Bannon.   An expansive reading of the executive order suggests that all persons who have no legal status inside the United States are subject to deportation.  The executive order targets any individual who might “otherwise pose a risk to public safety or national security” (even if not specifically mentioned in the executive order) to be detained by immigration officers.

Business tricks

Business tricks

Over many years of practicing immigration and nationality law, the attorneys at Fong & Aquino have met all kinds of immigration officers and border guards.  These are unique individuals who receive government training to get at and spot what they believe to be the truth.  They are trained to use certain techniques in their interrogations.  Clients at both our Pasadena and Palm Springs offices have asked us about some of these tactics. Even tourist visa and C-visa holders have been interrogated this way.

Make an accusation.  I have often heard clients say that the border guard just barked out, “we know you’re lying!”  They know no such thing.  Border guards love to use this one.  First of all, it insults you, because they are calling you a liar.  Second, it makes you angry, and if you are angry, your judgment is often compromised.  If you are telling the truth — and of course, you should never lie to any government official — then control your anger, look the officer straight in the eye, and say, “I am sorry you feel that way officer, but I am telling you the truth.”  Don’t let them trap you into saying that you are lying.