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The End of DACA as an Opportunity for Comprehensive Immigration Reform

Kathryn Russell October 13, 2017

On Sept. 5, 2017, the Trump administration announced the “phase out” of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. According to Homeland Security Acting Secretary Elaine Duke, the Trump administration’s decision to terminate the heavily litigated program “was not taken lightly …. The Department of Justice has carefully evaluated the program’s constitutionality and determined it conflicts with our

The New Administration’s Policies on Immigration: Tactical Fear

Alan Diamante July 11, 2017

While this administration has yet to construct a physical barrier between the United States and Mexico, it is building a metaphysical wall of fear via its executive orders and actions by the Department of Homeland Security. The paradigmatic shift in immigration policy expresses that most immigrants are not welcome in the United States. The executive branch has sought to deport

DACA-Based Advanced Parole

Rishi Oza July 7, 2017

With all eyes focused on the Trump administration, changes to the current immigration landscape, a little- known pathway for individuals with DACA, has been recently used by immigration attorneys and practitioners to help clients on their quest to obtain lawful permanent resident status. As is widely known, DACA was originally created under the Obama administration as a way to provide

Immigration Enforcement Under the Trump Administration

Rebekah Grafton March 4, 2017

On Jan. 20, 2017, President Trump took office and began making immediate changes to immigration policies. Most widely publicized was an Executive Order regarding a 90- day ban on travel for individuals who were born in seven countries. That Executive Order is currently subject to a temporary restraining order, however, there were two other Executive Orders signed that have dramatically

The Challenges of H-1B Visas

Garry Davis December 1, 2016

In my practice, I am frequently asked the question, “How can I get a work visa?” Technically, there is no such thing as a general visa to work in the United States. Each visa type is for a specific purpose, such as studying (F-1, M-1, J-1), tourism (B-2), marriage (K-1), or employment within certain limitations (E-1, E-2, L-1). H-1B is

Foreign Nationals and the Right to Counsel

Erin Brown July 21, 2016

The influx of minors from Central America into the United States has created reverberations in the country’s ongoing immigration debate and now occupies a position of important constitutional debate with the U.S. courts. In immigration removal proceedings, the scope of an alien’s right to counsel is a topic of recurring congressional and public interest. The Fifth Amendment to the U.S.

Impact of Tattoos on Consular Processing

Alan Diamante July 13, 2016

Tattooing has been consistently practiced around the world since at least Neolithic times. Today, a tattoo can be a scarlet letter that precludes someone from legally immigrating into the U.S. Under 8 U.S.C. §1182(a)(3)(A) (ii), any applicant for a visa who a consular officer knows, or has “reasonable ground to believe,” seeks to enter the U.S. to engage “solely, principally,

Possible Naturalization for Deported Veterans

Alan Diamante June 11, 2016

While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement

Ninth Circuit Finds That Statute Violates Equal Protection

Alan Diamante April 27, 2016

Certain forms of immigration relief require a showing of good moral character, such as voluntary departure, cancellation of removal and naturalization. Pursuant to the Immigration and Nationality Act (INA) and federal regulation, certain individuals will be found to be persons lacking moral character for having committed certain acts that either trigger a permanent bar or a conditional bar if committed

Seeking Asylum: Effects of the Immigration and Nationality Act

Alan Diamante April 1, 2016

The human right to seek asylum from persecution is fundamental. The controlling international convention on refugee law is the 1951 Convention Relating to the Status of Refugees and its 1967 Optional Protocol Relating to the Status of Refugees. The United States committed to protecting refugees in 1967 when it enacted legislation to incorporate the Optional Protocol’s key provisions. In 1996,

Immigration

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