Most outstanding aspects of the immigration plan discussed by President Trump during the State of the Union

February 11, 2019

Among the highlights we can point out: – The belief that the problem of undocumented immigration is caused by the fact that undocumented immigrants have the ability to cross the southern border of the US from Mexico. – The belief that, once the wall (preferably of steel) that divides Mexico and the US is built, the entry of immigrants will be restricted in its entirety. Therefore, crimes, drug entry and human trafficking will be avoided. Nothing is further from the truth. Reports and very reputable studies indicate that many immigrants who enter legally as tourists or other statuses stay more than the time provided for by their visas, which makes them undocumented, yet entered through a port of entry. This is a legal entry, either through an airline or maritime. This type of undocumented person exceeds the number of those who illegally enter the Mexican border, which contradicts the President’s argument to build the wall. On the other hand, we must highlight the influx of migratory caravans that arrive to the southern border of the USA, of which I could be a witness as I saw them arrive. These caravans are made up of immigrants fleeing poverty and violence in their countries of origin. Immigrants, in these cases, usually seek to appear before a civil servant or border officer to present their situation or to request asylum once; but very few seek to evade arrest, which, in my opinion, is not a good argument to justify a border wall based on a national emergency. It should also be noted that there are studies carried out, such as that of the Cato Institute, which indicate that undocumented immigrants commit far fewer violent crimes than those born in this country. I am one of those who believes that there is a need to have a working immigration system that is up to date with reality and that does not start from the base of a wall.

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Alerta Migratoria – A partir de hoy lunes 28 de enero volverán abrir las Cortes de inmigración.

February 5, 2019

The media have announced, after the recent culmination of the partial closure of the government, that as of today, the Immigration Courts of the opening rights in their entirety; As this affective closure is recorded in 75% of the immigration courts, the appointments of all the immigrants who are free awaiting the resolution of their case are suspended; Immigration hearings were only scheduled. Either way it is important that all those who are interested in closing the immigration courts, contact them, as well as their lawyer to inform about their status or see if they have a new date. For more information, call us at 888 MY PEOPLE (888 6443683) and we will gladly assist you.

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Aspects of Immigration that stood out during the week that has just concluded

January 24, 2019

During this past week, there was much tension in regard to the issue of immigration. First, President Trump announced a set of immigration measures in exchange for obtaining the necessary funds ($ 5.7 million) for the construction of the wall in the South border of the USA. Among the announced measures, we can highlight: – The extension of the program that benefits the young Dreamers (DACA) for 3 years. – 3 year extension of stay for TPS beneficiaries – The implementation of a new system that will allow asylum applications in Central America. – Reform to promote family reunification of children traveling alone to the United States. – Contract a greater number of Judges and Border Agents. As you can clearly see in the proposal, and as many legislators say, there is no permanent solution for Central American immigrants covered by the TPS, nor for the Dreamers, who have been affected because the Central Administration decided to cancel the DACA protection program. However, said programs are still in force at the instructions of the Federal Courts in the hope that the Supreme Court will decide on its future. With this said, it is good to point out as an important aspect that the US Supreme Court decided on Friday not to take action on DACA, which means that the country’s high court will not address the issue during the current period. Therefore, the program will continue until the next fiscal year that begins on October 1. Once that date arrives, the maximum Court will have a few more months to issue a decision of any accepted case. It also became known, as the 3rd aspect during the week that passed, a bill that was presented to the US Congress by 2 legislators, which would grant legal status to agricultural workers, which would give them the right to stay (Blue card) to work without the danger of being deported., Permanent legal status would come after workers continue to work in agriculture for a period of 3 to 5 years.

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The Dreamers begin pressuring the Government to restitute the authorization to travel abroad

January 21, 2019

As it is well known, the news media has released coverage concerning the young Dreamers or Dreamers covered by the DACA program who are currently traveling to Washington in search of support so that the privilege of obtaining permission to travel can be returned. This privilege was lost during the legal confrontation between them and the Central Government, where the Judges that forced the Trump Administration to reimburse the Benefit of the DACA Program did not incorporate the travel authorization. That is to say, the permission to go abroad and re-entry, known as “advance parole”. To whom does this circumstance affect? This circumstance affects hundreds of young participants of academic programs which allowed them to return to their countries of origin to know their roots and go to see their closest relatives. The Dreamers no longer have the facility to legally re-enter for educational or humanitarian reasons, so from this window I support the Young Dreamers or Dreamers to return their travel permits; since I was also a Dreamer and I understand your situation.

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Partial closure of the Federal Government or the Wall? Are there alternatives?

January 21, 2019

As I mentioned a few days ago on my blog before the end of the year, the Trump Administration will have to be more flexible when negotiating immigration agreements. Following the discussions held during these days between members of Congress and the US Executive on the budget to raise the wall on the US Southern border, the President refused to accept the $ 1.2 million, which only Congress is willing to give him for the border security of the $ 5.7 million he demands; which has resulted in a partial closure of the Federal Government. Until now, the Central Administration has gone days with less dependency open due to lack of budget, which has resulted in the paralysis of the Immigration Courts, where hundreds of Judges gave them the order not to continue working – except for those that are related to matters of immigrants under the tutelage of the Department of Homeland Security (DHS). What is the consequence of the partial closure of the Federal Government to the migratory area? – Longer delays in the immigration courts, since in fact there is a bottleneck of more than 1.1 million cases awaiting a hearing. – The E-Verify System used to detect if someone is authorized to work in the US is not in service due to lack of resources. -There is reprogramming of court cases, that is, a new hearing date. – There could be cases in which, for example, a young person could lose permanent legal residence benefits if he turns 21 years of age during the closure of the Government. In the case of, for example, a judge exempting immigrants from the risk of deportation if judge can demonstrate that it would be exceptionally difficult for the spouse, father and minor child, although each case is unique. – And another consequence is that at the level of Congress, conversations have begun regarding negotiating a solution to the case of the Dreamers in exchange for the money for the border wall. To conclude, I want to tell you that it is important to be informed about the new scheduled date of your hearing in the Immigration Court. For this, I recommend you call our office at (786) 7324805 or call the immigration courts directly at 1-800- 898- 7180. You are also suggested to contact the ICE immigration office, inquiring about dates, such as – when to appear in court, etc. In addition, you should also contact the Immigration and Citizenship Service if you have an appointment for the Adjustment of Status or fingerprints, since you will still continue with the calendar regularly scheduled for this Agency.

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A Federal Judge has annuled the restrictions established by the Trump Administration to immigrants who apply for Asylum due to domestic violence or gangs in their countries of origin

December 28, 2018

As it is well known, former Secretary of Justice Jeff Session drafted a set of rules for the Trump Administration, within the framework of the zero tolerance immigration policy, to restrict immigration. However, District Judge Emmett Sullivan said that the rules imposed by the Central Administration exceeded the Federal immigration laws, “is the will of Congress, not the whims of the Executive,” which determine what are the standards to deport someone. It is important to note that this decision of Judge Sullivan’s ruling will affect thousands of cases in which immigrants are under orders of immediate deportation. The Judge also ordered the return to US territory of the plaintiffs who have been deported and prevent them from being returned again. This is good news for many immigrants, so I must say that during my visit to the City of Tijuana in Mexico I had the opportunity to see thousands of people (Caravans of people) recently ask for asylum in the posts of the Customs and Border Protection Office on the US Southern border. Most of them with many needs and very precarious living conditions. However, there is a group that, although reduced, could now qualify asylum for reasons of persecution, whether due to domestic violence or gang violence, so the decision of this Judge opens the hope for thousands of immigrants to continue with their asylum cases  

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Bipartisan group reveals project that could grant Temporary Protection or TPS to Venezuelans in the US

December 28, 2018

Let’s start with defining what a TPS is: TPS is a migration program of legal, temporary and discretionary assistance of the US Executive created on November 29, 1990, which grants people of certain countries, with or without papers, and who are in the US at the time of application of this benefit, be able to establish and work legally in this country while the conditions that justify this benefit ends. But what are the conditions that could be granted to the citizens of a certain country the benefit of TPS? Among the conditions is: – Natural Disasters, such as hurricanes, earthquakes or diseases – A Civil War or armed conflict in progress. – Any other extraordinary temporary circumstance. TPS is not a way to Citizenship, permanent residency, or of any migratory status. It does not give the one who receives it extraordinary privilege when requesting other types of benefits such as asylum, which the applicant must channel it like any other common applicant. As it was well specified, TPS is only a Temporary Program that is granted to countries designated for periods of 6 months to 18 renewable months. Several countries currently designated are El Salvador, Haiti, Honduras, Nicaragua, Sudan, among others. But what are the benefits of TPS? Among the benefits, we can highlight the following: – Not be deported from the US – Not be detained because of his immigration status in the US – Obtaining Employment Authorization – Travel authorization – It is possible, as a result of your status, to receive a drivers license What is happening in the Legislative atmosphere of the US Congress that makes it possible for Venezuelans to obtain a TPS Protection status? What has happened is that there are currently 22 Democratic legislators, including New Jersey Senator Robert Menéndez and Republican Senator Marcos Rubio of Florida who asked the Department of Homeland Security to grant Temporary Protection (TPS) status to Venezuelans. , For this request, they sent a letter addressed to the Secretary of National Security Elaine Duke, stating the implementation of this TPS Protection mechanism be urgent due to the continuous deterioration of the living conditions in Venezuela under the Maduro mandate –  where the Venezuelan people continue to suffer extreme shortages of food, medical supplies and other basic products, so it is understandable that many Venezuelans are afraid to return to their country. So far it is only a proposal. It must be debated in the US Congress and presented to the Executive for approval in an environment of migratory restrictions. However, the White House is not expected to support this measure, since recently the Central Administration has already tried to end the TPS for most of the countries that have had this privilege, this is a reality that is happening without entering the political plane, and this is seen through the decrees and laws issued. This does not mean that this is going to stay that way. We have to be positive and keep the faith because as a result of the change of composition in both houses of the US Congress due to the last elections for […]

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More than 150 countries adopted a global pact aimed at improving the way in which the world handles the flow of immigrants.

December 17, 2018

According to recent press reports, the Secretary of the United Nations Antonio Gutiérrez pointed out that immigration should be well managed and safe, not irregular and dangerous. However, he recognizes that there are nations that do not agree with him; nations that differ from the Global Compact for safe, orderly and regular migration, since they fear that this agreement will impose migratory policies that violate national sovereignty and will create a right for people to emigrate where they want, whenever they want – although they are mistaken, since this pact reaffirms that migrants must enjoy human rights regardless of their status. Among the objectives of the pact are to strengthen efforts against human trafficking, eliminate discrimination, safeguard the conditions that ensure decent work and facilitate the safe and dignified return for those who are sent back home. “The agreement is not legally binding.” It is important to note that the USA was the first country to withdraw during the negotiation of this pact, as it considered that what was being proposed was inconsistent with its immigration and asylum policies. Its main responsibility is with the sovereignty of the states to ensure that migration is safe, orderly and legal. According to the Secretary of the United Nations: “Regardless of whether their migratory movement is voluntary or forced, or whether or not they have been able to have formal authorization to move, the rights of all human beings must be respected, as well as their dignity. Denying this and vilifying any group of people is the path to dehumanization and horrific.

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The Law that would make it a felony to help or encourage an immigrant to enter or live in the US illegally has been annulled

December 17, 2018

The Ninth Circuit Court of Appeals repealed a Federal Law that could accuse or indict anyone for statements related to undocumented immigrants. The Joint Resolution issued by 3 Magistrates determined that this law violates the First Amendment of the US Constitution, because it criminalizes a large number of speeches protected by the Magna Carta. It is important to point out that during an interview with the media, Federal Judge Wallace Tashima pointed out how this law would make it illegal for a grandmother to encourage her grandson to ignore the limits of his visa by encouraging him to stay in the United States. In similar manner, any argument aimed at inciting undocumented immigrants to remain in US territory could lead to criminal proceedings. For their part, the legal advisors of the Central Government stated that the law only prohibited conduct and a very limited discourse that was not covered by the Constitution, an argument that was rejected by the Court of Appeals. Some experts in immigration matters have pointed out that this law, which was annulled, constituted a danger for Law graduates who advise and guide immigrants on how to obtain their legal residence documents and public officials who encourage the so-called sanctuary policies that limit cooperation with the US Immigration and Customs Enforcement Service (ICE).

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The Caravan – a trip to freedom or the cost of a great sacrifice?

December 10, 2018

Undoubtedly, as an Immigration lawyer, I have had the concern to see by my own means what is really happening in the southern border of the US border with Mexico. Specifically, in the city of Tijuana, before the massive arrival of Central American immigrants – whose goal is to reach North American territory and achieve a more dignified life that is not possible to obtain in their countries of origin due to a series of factors that condemn them to poverty. That said, on the contrary, there are those who think, like the Chief Executive of the USA, that this caravan constitutes an invasion and will make every effort to return them or at least prevent them from entering American soil. But it is good to point out that human rights exist in the midst of all this. The citizens of Guatemala, El Salvador and Honduras have the right granted by the United States, as well as based on international treaties, there are international agreements to have a chance to present their case for consideration to asylum. This a right based on the law of the USA; incorporated in the Refugee Act of 1980 of the United Nations protocol that accepts the definition of what a refugee is, understood as a person who is being persecuted and therefore can not return to their country of origin. Undoubtedly, these last few days have been a bit tense. On one hand,  the immigrants who can apply for asylum and on the other side the force or special troops who want more power or authorization from the US President to prevent their entry into the country. Also, being present in this historical migratory event, I could see two realities with my own eyes: on one side –  humble, decent people who lack many basic needs in their country or have been the object of intense violence in their countries of origin. On the other hand, young people somewhat violent that seems to lack the sense of harness, order and respect for the authorities. For this last group, many have categorized the caravan as an “invasion” of “criminals” and thugs. Unfortunately, this is the way this humanitarian exodus has been cataloged. However,  there is a bigger reality that exists and that is of these good, humble and decent people who constitute what for me is the true face of the caravan. Living this drama was a challenge, where I could see and share in the border in the City of Tijuana with children, youth, mothers, families, elderly, disabled, coming from so far looking for hope in achieving the American dream. A few reach, but whose hope moves crowds. The hope of a better future and quality of life. My greatest wish is for God to take pity on these families, regardless of whether they are granted an asylum in the United States. May God fill these families who seek a better future with peace and prosperity, since most of them deserve it.

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