Articles Posted in Immigration

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As the Biden administration takes the reins of the executive branch in Washington this week, immigration advocates have noted that immigration is one of its top priorities.   After the inauguration, Romben Aquino was asked to appear on ABS-CBN News Channel in the Philippines to discuss the Administration’s plans.   Mr. Aquino noted that in his first week, President Biden:

  • rescinded the “Muslim travel ban”;
  • implemented a 100-day pause on deportations while the Administration reviews enforcement policies; and

product-image-727052017_1200x1200-300x300Lawyers are not psychic. It’s pretty hard to predict what the Trump Administration will do to change immigration law.  Any changes in the Immigration and Nationality Act (INA) for 2020 must first be passed by both houses of the Congress and signed by the President.  The Trump Administration will find it difficult to make changes in the actual INA, because it is unlikely the House of Representatives will approve them.  

However, immigration lawyers can guess that there may be some changes in policy coming for US immigration law in 2020.  Trump will continue to promote policies that attempt to restrict immigration to the United States.  Further, he will implement rules to infringe on the rights of immigrants and to deny asylum seekers the right to seek refuge in this country.  Trump is even trying to make it more difficult for attorneys to do their jobs as advocates for immigrants.  

We remain concerned whether the courts will continue to strike down the most outrageous and unlawful practices and whether current nationwide injunctions protecting basic rights of immigrants will stay in place.  The courts have been a protective barrier from the worst, most inhumane, and illegal policies of this Administration.  Two important issues to watch are:

The Department of Homeland Security (DHS) designates certain foreign countries for Temporary Protected Status (TPS) in extreme cases of war, natural disasters, and epidemics.  A country can be TPS designated for any type of disaster that could potentially prevent its citizens from returning, but the decision to assign TPS is cVenezuela-300x200ompletely at the discretion of the U.S. government. TPS allows certain citizens who are currently in the United States to stay because their countries have been deemed unsafe for return.  It does not, however, grant permanent legal residency in the United States. Under TPS, people can temporarily remain, live, and work in the United States until DHS ends the designated period.

Recently, using “fast track” congressional procedures, Congress considered but ultimately voted against extending TPS to Venezuelans, with the bill facing significant Republican opposition. Venezuela has been entrenched in an economic and humanitarian crisis that has since worsened under its current president, Nicolas Maduro. Many Venezuelans see Maduro’s rule as illegitimate because of an allegedly rigged election in May 2018 and have taken to the streets in protest.  Leading the opposition is politician Juan Guaido, who claims he is the rightful president of Venezuela.  The Trump administration has condemned Maduro and his socialist government and formally recognized Guaido as the only legitimate Venezuelan ruler, but the House Republican’s refusal to grant TPS tells a different story.  Republicans voiced concerns that if granted TPS, Venezuelans would be allowed to stay in the United States for years while relying solely on welfare programs (although there is no evidence to support this).  Condemning Maduro’s rule while refusing to grant Venezuelans TPS in the United States shows the Trump administration’s hypocritical stance towards Venezuela and ultimately reveals a persistent anti-immigrant sentiment.

TPS initially emerged in response to the ongoing civil war in El Salvador during the 1990’s (a war that pitted the communist guerrilla insurgents against the U.S. backed Salvadoran government).  El Salvador has been designated since 2001 because of various natural disasters, and Salvadorans now constitute the largest number of TPS beneficiaries living in the United States.  TPS recipients have been in the United States for over 10 years, an issue that Republicans fear will happen to Venezuelans granted TPS.

Obama Immigration Policy Changes 2015

Obama immigration policy changes… what’s to come in 2015

In November 2014, the President announced a number of changes to immigration policies. With the Republican party in charge of both chambers of the U.S. Congress, there have been some rumblings about their plans to try to nullify the President’s actions. However, the administration is still moving forward with its plans.

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Republican Immigration Reform and a Giant Hershey Bar

What do Republicans have planned with regard to immigration reform?

Last week, Congressional Republicans held a bicameral retreat to discuss their plans for advancing their priorities, now that the party controls both the House of Representatives and the Senate. At the end of the retreat, there was no unified front on immigration.

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Drivers License for Undocumented Immigrants

Undocumented Immigrant Driver’s Licenses

What you should know

On January 1, 2015, California joined a handful of other states that issue driver’s licenses to undocumented individuals. Among the many goals that supporters of AB60 hope is that the requirement that undocumented individuals must pass the driver’s exams prior to the issuance of a license will result in safer roadways. Obtaining a license also helps undocumented immigrants avoid being cited for the dreaded California Vehicle Code § 12500 – Driving Without a License.

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Romben Aquino & J Fong - 1994

In my sophomore year at UCLA, one of my professors Stewart Kwoh assigned us a social services research project. I came to him with some vague ideas and he suggested that I go see his good friend J Craig Fong (Retired from the practice of law) to develop them into something more concrete.

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Benefits for Immigrants - Covered California

Legal US immigrants have rights to benefits

If you are here legally, you may be missing out on benefits you are entitled to receive

Many legal immigrants (whether they are lawful permanent residents or naturalized U.S. citizens) do not apply for benefits for which they are eligible because they fear that they will tip off the authorities about any undocumented members of their families. However, one agency is working with community groups to ensure that people who apply for health insurance are reassured that their family members are safe.

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President Obama Orders An Immigration Overhaul

President Obama takes action to help keep families together

On Thursday evening, President Obama announced that he would issue executive actions in order to fix certain aspects of the immigration system. The executive orders are expected to affect up to 5 million undocumented immigrants inside the United States.
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