Articles Posted in CBP

During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.


Overview


What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.


EO #1 President Trump’s America First Priorities


The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

We suspect that this will likely lead to the reinstatement of the “Muslim travel bans” within the next 60 to 90 days.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

EO #2 Initial Rescissions of Harmful Executive Orders and Actions


His next executive order entitled “Initial Rescissions of Harmful Executive Orders and Actions,” overhauls and rescinds dozens of executive orders signed into law by former President Joe Biden.

By doing away with these executive orders, the Trump administration is rescinding the policies that were put in place by the previous administration to clear the way to enact new policies on immigration and quickly enforce them through various federal agencies such as the Department of State, Department of Homeland Security, and the U.S. Citizenship and Immigration Services (USCIS).

EO Highlights:

This order rescinds a series of COVID-19 related executive orders signed during the Biden administration which recommended policies for COVID-19 governmental response including COVID-19 treatment, vaccine requirements, testing, reopening of schools, and worksites.

These rescissions signal that the Trump administration is likely to overhaul the government’s response to COVID-19, such as directing federal agencies to modify public health and safety policies relating to COVID-19.

This has already begun with the U.S. Citizenship and Immigration Services’ (USCIS) recent elimination of the COVID-19 vaccination requirement for adjustment of status applicants seeking permanent residence in the United States (green cards).

Additionally, the order rescinds dozens of Biden-era executive orders that previously removed President Trump’s immigration policies and procedures from being enforced during the Biden administration. The Biden administration set forth their own executive actions such as facilitating asylum protections, creating a task force to reunite unaccompanied children with their families, strengthened the United States Refugee Admissions Progam (USRAP), rescinded Cuba’s designation as a state sponsor of terror, etc.

All of these actions have been rescinded by the Trump administration paving the way for more restrictive immigration policies ahead.


EO #3: Protecting the Meaning and Value of Citizenship (Ending Birthright Citizenship)


His third most controversial executive order entitled, “Protecting the Meaning and Value of Citizenship,” seeks to change the interpretation of the 14th amendment of the U.S. Constitution which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The Trump administration argues that the 14th amendment does not extend citizenship rights to everyone born in the United States and has always excluded from birthright citizenship, persons who were born in the United States but not “subject to the jurisdiction thereof.”

According to Trump’s executive order, the privilege of United States citizenship does not automatically extend to persons born in the United States:  

(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

As a result, the order makes it is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:  

(1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

This policy is intended to apply only to persons who are born within the United States after 30 days of this order (February 19, 2025). The heads of all executive departments and agencies have been directed to issue public guidance within 30 days regarding its implementation.

This executive order will not impact the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

A Federal Lawsuit Blocks Its Enforcement as of January 23th 


As of January 23, 2025, a federal judge from the U.S. District Court in the Western District of Washington, has temporarily blocked the executive order ending birthright citizenship from being enforced by the Trump administration.

In response to a lawsuit led by the states of Washington, Arizona, Illinois, and Oregon, challenging the executive order, the federal judge issued a 14-day Temporary Restraining Order (TRO) effective January 23, 2025 (ending on February 6, 2025). The TRO immediately blocks and enjoins the government from acting on the executive order.

The court’s temporary restraining order is likely to be extended while the litigation moves through federal courts. It is likely that this lawsuit will come before the U.S. Supreme Court for final resolution, which could take years to come about.


EO #4 Securing Our Borders


With this executive order, the Trump administration makes it the policy of the United States to take all appropriate action to secure our nation’s borders through the following means:

  • Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology
  • Deterring and preventing the entry of illegal aliens into the United States (mass deportations)
  • Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States
  • Removing promptly all aliens who enter or remain in violation of Federal law
  • Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States
  • Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration priorities and
  • Obtaining complete operational control of the borders of the United States.

The Secretary of Defense and the Secretary of Homeland Security shall:

  • take all appropriate action to deploy personnel and construct temporary and permanent physical barriers to ensure complete operational control of the southern border
  • take all appropriate actions to detain, aliens apprehended for violations of immigration law until their successful removal from the United States.
  • Issue new policy guidance or proposals regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch-and-release,” whereby illegal aliens are released into the United States shortly after their apprehension for violations of immigration law.
  • Resume Migrant Protection Protocols along the southern border of the United States, and to ensure that, pending removal proceedings, aliens are returned to the territory from which they came.
  • Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States
  • Terminate all categorical parole programs that are contrary to the policies of the United States established in President Trump’s Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
  • Ensure that all future parole determinations fully comply with this order and with applicable law
  • Take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, for all aliens detained under the authority of the United States
  • Take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security
  • Take all appropriate action to prioritize the prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.

EO #5 Realigning the United States Refugee Admissions Program


This executive order suspends the U.S. refugee admissions program (U.S. RAP), to prevent the influx of undocumented immigrants. The suspension is effective 12:01 am eastern standard time on January 27, 2025.

With its signing, it revokes Biden’s Executive Order 14013 Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.

Trump’s order prioritizes safety and national security concerns in the administration of U.S. RAP.

At an appropriate time, the Trump administration will admit only those refugees who can “fully and appropriately assimilate into the United States,” and ensure that the United States preserves taxpayer resources for its citizens.

  • It will be the policy of the United States that State and local jurisdictions be granted a role in the process of determining the placement or settlement of aliens eligible to be admitted to the United States as refugees in their jurisdictions.
  • Notwithstanding the suspension of the USRAP, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such aliens as refugees is in the national interest and does not pose a threat to the security or welfare of the United States.
  • Within 90 days of this order, the Secretaries must submit a report to the President to advise about whether resumption of entry of refugees into the United States under the U.S. would be in the interests of the United States, in light of the policies outlined in section 2 of this order.

Thereafter, they must submit further reports every 90 days until President Trump determines that resumption of the U.S. RAP is in the interests of the United States.


EO #6 Declaring a National Emergency at the Southern Border of the United States


This executive order declares a national emergency at the southern border of the United States and directs the U.S. Armed Forces (including the Ready Reserve and National Guard) to take all appropriate action to assist the Department of Homeland Security (DHS), in obtaining full operational control of the southern border, to prevent the illegal entry of immigrants into the United States.

  • The order directs the Secretary of Defense to take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
  • The Secretaries of Defense and Homeland Security are directed to construct additional physical barriers along the southern border and coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border.
  • The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, must take all appropriate action, consistent with law, to prioritize the impedance and denial of the unauthorized physical entry of aliens across the southern border of the United States, and to ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces.

With the passage of this executive order, Biden’s Proclamation 10142 entitled, “Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction,” is revoked.


EO #7: America First Trade Policy (USMCA)


This executive order makes it a matter of policy for the United States to promote economic trade policies that place our nation’s interests first, including those of American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.

It calls upon the government to investigate unfair trade practices and recommend appropriate measures to remedy deficits.

Furthermore, it requires the government to begin the public consultation process for the United States-Mexico-Canada Agreement (USMCA) formerly known as NAFTA, to prepare for the July 2026 review of the USMCA trade agreement with Canada and Mexico.

The government will be assessing the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses, while making recommendations regarding the United States’ participation in the agreement.

Since the USMCA makes possible the TN work visa program for Canadian and Mexican nationals, any changes to the agreement could lead to additional barriers to obtaining this visa depending on recommendations from the heads of federal agencies.


EO #8 Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States


This executive order makes it the policy of the United States to utilize the U.S. Armed Forces to protect the sovereignty and territorial integrity of the U.S. along its national borders.

Considering that the President has declared a national emergency along the southern border, the U.S. Armed Forces will be utilized to prevent unlawful migration and defend our national borders.

Within 10 days, the Secretary of Defense must submit to the President a revision to the Unified Command Plan, that assigns United States Northern Command (USNORTHCOM) the mission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States, by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.

The Secretary of Defense must also make continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry, impingement on the national sovereignty, and security by foreign nations and transnational criminal organizations.


EO #9 Restoring the Death Penalty and Protecting Public Safety


This executive order directs the Attorney General to pursue the death penalty for severe crimes demanding its use.

In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving:

(i)   The murder of a law-enforcement officer; or

(ii)  A capital crime committed by an alien illegally present in this country.


EO #10 Protecting the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats


This executive order applies enhanced vetting and screening protocols during the visa-issuance process to ensure that aliens approved for admission into the United States do not intend to harm Americans or pose a threat to national security.

Admitted aliens and aliens otherwise already present in the United States must not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and must not advocate for, aid, or support designated foreign terrorists and other threats to national security.

To align with these goals, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly:

  • Identify resources that may be used to ensure that aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible
  • Determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA for one of its nationals, and ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat
  • Re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind and
  • Vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United Statesparticularly those aliens coming from regions or nations with identified security risks.
  • Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, a report:
    • identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)) and
    • identifying how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021, and any other information the Secretaries and Attorney General deem relevant to the actions or activities of such nationals since their admission or entry to the United States
    • Whenever information is identified that would support the exclusion or removal of any alien described in subsection 2(b), the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States.

Within 30 days of this executive order, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall also:

(a)  Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign Service Manual, or guidance of any kind pertaining to each of the grounds of inadmissibility listed in sections 212(a)(2)-(3) of the INA (8 U.S.C. 1182(a)(2)-(3)), to ensure the continued safety and security of the American people and our constitutional republic;

(b)  Ensure that sufficient safeguards are in place to prevent any refugee or stateless individual from being admitted to the United States without undergoing stringent identification verification beyond that required of any other alien seeking admission or entry to the United States

(c)  Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States

(d)  Recommend any actions necessary to protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental constitutional rights of the American people, or who provide aid, advocacy, or support for foreign terrorists

(e)  Ensure the devotion of adequate resources to identify and take appropriate action for offenses described in 8 U.S.C. 1451

(f)  Evaluate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken

(g)  Recommend any additional actions to protect the American people and our constitutional republic from foreign threats.


EO #11: Designating Cartels and Other Organizations as Foreign Terrorist Orgs and Specifically Designated Global Terrorists


This executive order makes it the policy of the United States to ensure the total elimination of foreign terrorist organizations’ presence in the U.S., and their ability to threaten the territory, safety, and national security.

Within 14 days of the date of the order, the Secretary of State, in consultation with the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall take appropriate action to:

  • make a recommendation regarding the designation of any cartel or other organization described in section 1 of the order as a Foreign Terrorist Organization and/or a Specially Designated Global Terrorist
  • make operational preparations regarding the implementation of any presidential decision invoked the Alien Enemies Act, in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.

EO #12: Guaranteeing the States Protection Against Invasion


This executive order classifies the illegal entry of undocumented immigrants at the southern border as an “invasion” under Article IV, Section 4 of the Constitution of the United States, and suspends the physical entry of certain aliens until the invasion at the southern border has ceased.  

Furthermore, the entry into the United States, of any alien who fails, before entering the United States, to provide Federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of sections 212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3), is deemed detrimental to the interests of the United States.

  • The entry into the United States of such aliens is suspended and their access to provisions of the INA that would permit their continued presence in the United States is restricted, including, but not limited to, section 208 of the INA, 8 U.S.C. 1158.
  • The order directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to take all appropriate actions as may be necessary to achieve the objectives of this proclamation, until the invasion at the southern border has ceased
  • It also directs them to take all appropriate action to repel, repatriate, or remove any alien engaged in the invasion across the southern border of the United States, whether as an exercise of the suspension power in section 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), or as an exercise of the President’s delegated authority under the Constitution of the United States, until a finding that the invasion at the southern border has ceased

EO #13: Protecting the American People Against Invasion


This executive order makes it a policy of the United States to faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people.  It also makes it a matter of policy to achieve enforcement of the law, through lawful incentives and detention capabilities.

What this order does:

Revokes the following Biden era executive actions:

  • Executive Order 13993 Revision of Civil Immigration Enforcement Policies and Priorities
  • Executive Order 14010 Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
  • Executive Order 14011 Establishment of Interagency Task Force on the Reunification of Families and
  • Executive Order 14012 Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans
    • Directs executive departments and agencies to promptly revoke all memoranda, guidance, or other policies based on the above Executive Orders and ensure the faithful execution of the immigration laws against all inadmissible and removable aliens.
    • Directs the Secretary of Homeland Security to take all appropriate action to enable the ICE, CBP, and USCIS to set priorities for their agencies that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal.
    • Directs the Secretary of Homeland Security to ensure that the primary mission of ICE Investigations division is the enforcement of the provisions of the INA and other Federal laws related to the illegal entry and unlawful presence of aliens in the United States and enforcement
    • The Attorney General, in coordination with the Secretary of State and the Secretary of Homeland Security, shall take all appropriate action to prioritize the prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of aliens in the United States.
    • The Attorney General and the Secretary of Homeland Security shall take all appropriate action to jointly establish Homeland Security Task Forces (HSTFs) in all States nationwide to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, dismantle cross-border human smuggling and trafficking networks, end the scourge of human smuggling and trafficking, with a particular focus on such offenses involving children, and ensure the use of all available law enforcement tools to faithfully execute the immigration laws of the United States.

Directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General to:

(a)  Immediately announce and publicize information about the legal obligation of all previously unregistered aliens in the United States to comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code

(b)  Ensure that all previously unregistered aliens in the United States comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code and

(c)  Ensure that failure to comply with the legal obligations of part VII of subchapter II of chapter 12 of title 8, United States Code, is treated as a civil and criminal enforcement priority

  • Secretary of Homeland Security shall take all appropriate action, to ensure the efficient and expedited removal of aliens from the United States
  • Take all appropriate action and allocate all legally available resources or establish contracts to construct, operate, control, or use facilities to detain removable aliens, ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country
  • Promptly rescind the policy decisions of the Biden administration that led to the increased or continued presence of illegal aliens in the United States, and align any and all departmental activities with the policies set out by this order and the immigration laws.  Such action should include, but is not limited to:

(a)  ensuring that the parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised on only a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual alien demonstrates urgent humanitarian reasons or a significant public benefit derived from their particular continued presence in the United States arising from such parole

(b)  ensuring that designations of Temporary Protected Status are consistent with the provisions of section 244 of the INA (8 U.S.C. 1254a), and that such designations are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute and

(c)  ensuring that employment authorization is provided in a manner consistent with section 274A of the INA (8 U.S.C. 1324a), and that employment authorization is not provided to any unauthorized alien in the United States.

  • Ensure “sanctuary” jurisdictions, which seek to interfere with the lawful exercise of Federal law enforcement operations, do not receive access to Federal funds.  Further, the Attorney General and the Secretary of Homeland Security shall evaluate and undertake any other lawful actions, criminal or civil, that they deem warranted based on any such jurisdiction’s practices that interfere with the enforcement of Federal law.
  • Issue guidance to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644 and ensure that State and local governments are provided with the information necessary to fulfill law enforcement, citizenship, or immigration status verification requirements authorized by law
  • Immediately review and, if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens, to ensure that such agreements conform to applicable law and are free of waste, fraud, and abuse, and that they do not promote or facilitate violations of our immigration laws
  • Pause distribution of all further funds pursuant to such agreements pending the results of the review in subsection (a) of this section
  • Terminate all such agreements determined to be in violation of law or to be sources of waste, fraud, or abuse and prohibit any such future agreements
  • Coordinate with the Director of the Office of Management and Budget to ensure that no funding for agreements is included in any appropriations request for the Department of Justice or the Department of Homeland Security
  • The Director of the Office of Management and Budget shall take all appropriate action to ensure that all agencies identify and stop the provision of any public benefits to any illegal alien not authorized to receive them under the provisions of the INA or other relevant statutory provisions.

Planning for a Tough Road Ahead


The Trump administration has made clear that it is keeping its promises and will get tougher on immigration. While these executive orders impact undocumented immigrants to a large degree, they also impact applicants applying for immigrant and nonimmigrant visas by increasing vetting and screening of applicants, especially those from particular countries that have ties to terrorism or pose national security concerns.

However, immigrants should not lose hope. We are seeing a pushback among dozens of states who are already filing lawsuits in federal courts to challenge these executive orders, such as those ending birthright citizenship.

The key take away is to speak with an immigration attorney to create a plan that will help you navigate the changes that may lie ahead. Keep yourself informed of any changes and adapt your plan as needed.


Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.


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Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.

Have you ever wondered how you can apply for a green card renewal while outside of the United States? In this video, attorney Jacob Sapochnick tells you everything you need to know about this process.

We also discuss how you can travel internationally if your green card has already expired.

If you want to know more about this topic, please keep on watching!


Overview


This topic will be of interest to permanent residents who are overseas and now have an expired green card, as well as those who want to travel abroad but have an expired green card.

When you are issued a green card (Permanent Residence), it essentially means that you have the right to live permanently in the United States for a renewable period of 10 years.

Some of the benefits of being a lawful permanent resident are that you can accept employment without restriction, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. Before the expiration of your permanent resident card, you must apply to renew it by filing Form I-90 with the U.S. Citizenship and Immigration Services (USCIS).

Continue reading

In this post, we share exciting news for Israeli nationals. The U.S. government recently designated Israel as the 41st country to join the Visa Waiver Program (also known as ESTA) effective November 30, 2023.

In this video attorney Jacob Sapochnick discusses what this means and how it can benefit you.

If you want to know more about this exciting news, please keep on watching!


Highlights


To travel under the Visa Waiver Program (ESTA) you must:

  • Be a citizen or eligible national of a Visa Waiver Program country.
  • Not be in possession of a visitor’s visa.
  • Your travel to the USA must be for 90 days or less.
  • You must plan to travel to the United States for business or pleasure.
  • Not be inadmissible to the USA nor previously denied a U.S. visa

Overview


Did you know that the United States operates a Visa Waiver program? This special program allows nationals from participating countries to travel to the United States for tourism or business purposes without a U.S. visa, for a period of up to 90 days. Temporary stays under the Visa Waiver Program cannot be extended for periods longer than 90 days.

Recently, Israel was given the privilege of participating in this program. That means that starting November 30th Israeli nationals will be able to apply for travel permission to the United States online using the Electronic System for Travel Authorizations (ESTA). Once approved, this travel permission is valid for a period of two years once it has been issued. You cannot travel to the United States until your ESTA has been approved and issued to you.

Continue reading

In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?

If you would like to know more about this topic, please keep on watching!


Overview


This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.

Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.

However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.

Continue reading

Do you want to know how you can change your status from a B1/B2 tourist visa to F-1 international student from inside the United States? If so, then this is the right video for you. In this video, we answer this important topic and discuss some important considerations you may want to know if you are interested in changing your status while inside the United States.

When you enter the United States in B1/B2 nonimmigrant status, you do so for a specific purpose – to remain temporarily for business, tourism, or a combination of both. But what happens when after you have entered the United States, you decide that you want to enroll in a course of study in the United States? Is this possible?


Overview


The short answer is yes, however there are some important considerations.

To begin, it is important for you to understand that you cannot file a change of status application while inside the United States during the first 3 months (90 days) of gaining admission to the United States. Doing so may trigger a presumption that you misrepresented your true intention for entering the United States and could land you in hot water with U.S. Citizenship and Immigration Services (USCIS).

However, if, during the course of your remaining duration of stay in the United States (after those 90 days) you become interested in studying in the United States, it is possible for you to apply for a change of status while remaining in the United States. Please note that you must have a good reason for changing your status to F-1 from inside the United States, instead of opting to apply for your F-1 visa at a U.S. Embassy or Consulate overseas. For instance, if you could not return to your home country for political or legitimate medical reasons.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick talks about an exciting new announcement released by the United States Citizenship and Immigration Services (USCIS) regarding new initiatives the agency is taking to reduce the application backlogs, expand premium processing to broader categories of applications, and provide much needed relief to those waiting for their work permits to be processed.


Overview


As of March 29, 2022, USCIS is unveiling a trio of actions that will help improve the processing of applications and petitions currently awaiting adjudication by the agency. As you may know at the height of the COVID-19 pandemic, USCIS along with other government agencies suspended in-person services at its field offices and Application Support Centers (ASCs) nationwide to help slow the spread of the virus. The agency also took precautions to slow its spread by limiting the number of people that could enter federal buildings for immigration interviews. The consequence of these closures has been a backlog of cases across the board that the agency has been working to reduce.

To help ease the number of pending cases at USCIS, the agency has introduced 3 new actions.


What are these new actions all about?


(1) Cycle Time Goals


First, the agency has said that it will be implementing agency-wide goals to reduce the substantial backlogs.

USCIS has established a new system known as “internal cycle time goals,” to process applications that remain pending with USCIS. According to USCIS, these “internal cycle time goals,” are internal metrics that the agency will now be using to help guide the reduction of the current backlog. These cycle times will determine how long it will take USCIS to process immigration benefits going forward.

To accomplish the stated “cycle time goals,” the agency has said that it plans to increase its capacity, adopt technological improvements (such as e-filing systems), train, and hire more staff to ensure that applications are processed within the stated “cycle time goals.” USCIS estimates that these new actions will help the agency reach its stated cycle time goals by the end of fiscal year 2023.

For easy reference, the new USCIS cycle time goals are listed down below.

The new cycle time goals provided by USCIS are as follows:


  • Processing of I-129 premium processing cases – 2 weeks
  • Processing of I-140 premium processing cases –2 weeks
  • Processing of I-129 non-premium processing cases –2 months
  • Processing of I-765, I-131 advance parole, I-539, I-824 applications – 3 months

Other types of applications – 6 months including

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an exciting new procedure for individuals arriving at the United States border to apply for asylum, specifically with respect to those asylum seekers who are subject to expedited removal.

Want to know more? Keep on watching for all the details.


Overview


What is Asylum?

Asylum is a form of protection which allows an individual to remain in the United States instead of being removed to a country of feared persecution. To apply for asylum in the U.S., individuals must file the required application, form I-589, and submit it with the appropriate documentation within one year of arriving to the United States. To be successful, individuals must establish that they have suffered persecution or fear that they will suffer persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

Under current immigration law, individuals applying for defensive asylum at the border (meaning that they do not have a valid visa at the time of entry) are detained by the United States Customs and Border Protection (CBP) and become subject to removal proceedings. Once an immigration hearing is scheduled, the asylum seeker is given the opportunity to make his or her case for asylum before an immigration judge.

Currently, the defensive asylum process is taking over 7 years to complete in the United States, including the required scheduling of a hearing before an immigration judge.


New Interim Final Rule


To streamline the defensive asylum application process at the border, the Biden administration recently published a new interim final rule in the federal register entitled, “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.”

Under the new interim final rule, released on March 29, 2022, the Biden administration seeks to overhaul the current defensive asylum system to drastically reduce backlogs in the immigration courts and improve filing procedures.

The final rule proposes sweeping changes to current asylum law including allowing asylum claims to be heard and evaluated by United States Citizenship and Immigration Services (USCIS) asylum officers instead of immigration judges.

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Welcome back to Immigration Lawyer Blog! We kick off the start of a brand-new week with even more immigration news.

In this video, attorney Jacob Sapochnick shares the following new immigration updates: new vaccination policies and procedures being followed by U.S. Customs and Border Protection (CBP) following the release of the Proclamation, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, new updates for certain B1/B2 tourists visa applicants, tips for U.S. permanent residents stuck overseas, and solutions for those traveling under the Visa Waiver Program that have not been able to leave the United States due to flight cancellations.


Overview


CBP Customs and Border Protection Operations in 2022


In a recent meeting with the American Immigration Lawyers Association (AILA), U.S. Customs and Border Protection (CBP) provided further clarification regarding admission of non-U.S. Citizens to the United States following the issuance of Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic. This new Proclamation requires non-citizens to be fully vaccinated against COVID-19 to gain admission.

CBP has made clear that the agency is not responsible for enforcing the vaccine requirement stipulated in the Presidential Proclamation.

Instead, CBP is merely responsible for enforcing all guidance provided by the Centers for Disease Control and Prevention (CDC) such as ensuring that all air travelers, 2 years of age or older, present a negative COVID-19 viral test (regardless of vaccination status or citizenship) no more than 1 day before planned travel to the United States and proof of full vaccination against COVID-19 as mandated by the CDC. Travelers must show their negative result to the airline before boarding their flight.

Pursuant to CDC regulations, you are considered fully vaccinated:

  • 2 weeks (14 days) after your dose of an accepted single-dose vaccine
  • 2 weeks (14 days) after your second dose of an accepted 2-dose series
  • 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial
  • 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart*

* CDC has not recommended the use of mix-and-match COVID-19 vaccine primary series. However, such strategies are increasingly common in many countries outside of the United States. Therefore, for the of purpose of interpreting vaccination records for travel to the United States, CDC will accept combinations of accepted COVID-19 vaccines.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Biden administration’s recent plan to rescind the COVID-19 travel bans by November of this year.

Want to know more? Just keep on watching.


Overview


Since January 2020, at least 6 different travel bans have been enacted by Presidential Proclamation to prevent the rapid spread of Coronavirus infections in the United States. These travel bans have temporarily suspended the entry of immigrants and nonimmigrants, who have been physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period prior to their entry or attempted entry into the United States.


The COVID-19 travel bans


  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
    • Applies to immigrants and nonimmigrants from 26 European countries including: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • South Africa Visa Ban—Proclamation 10143 issued January 25, 2021
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list and description of the travel bans please click here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares a recent update from USCIS regarding a new policy that will extend evidence of status for green card holders who are applying to remove the conditions on their green card with the filing of either Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status. Jacob also provides some cautionary information for conditional permanent residents who have divorced and are returning to the U.S. after temporary foreign travel, as well as added scrutiny for those applying for naturalization who initially gained their green card through marriage to a U.S. Citizen.

Keep on watching to find out more.


Overview


2 Year Extension of Status for Conditional Permanent Residents with Pending Form I-751 or Form I-829

USCIS has recently shared important information for conditional permanent residents who have been issued a two-year green card by USCIS and are now seeking to remove the conditions on their residence. Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of lawful status from 18 months to 24 months for those who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

Previously, after filing Form I-751 or Form I-829, USCIS was issuing receipt notices which included an automatic 18-month extension of lawful status, allowing applicants to lawfully remain in the United States 18-months past the expiration of their green cards while their applications were under review with the agency. These extensions were issued for 18-months because that was the estimated processing time for removal of conditions applications prior to the COVID-19 outbreak.

USCIS will now be issuing 24-month extensions to reflect the current processing times more accurately for these applications, which has increased during the COVID-19 pandemic.

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