One of President Trump's most notable comments on immigration is his statement that the "United States is full." The underlying purpose of the President's comment was his intent to stop immigrants from entering and remaining in the United States while they await action on their applications for political asylum. Now a federal judge in San Francisco has ruled that the president's intent violates both the Constitution and the statute that governs asylum procedures.
One of the most important issues in immigration law has been resolved, at least temporarily, by a recent decision of the U. S. Ninth Circuit Court of Appeals. The issue is whether immigrants seeking asylum in the United States have the right to appeal the denial of their requests in federal courts. The court's decision turned on the constitutionality of a 1996 federal law that was intended to prevent such appeals.
More deficiencies in the Trump Administration's handling of immigrant detainees were revealed in a report by the Office of California Attorney General Xavier Becerra. The audit of immigrant detention centers was begun about a year ago, and its findings provide a deeper look into the treatment of immigrants awaiting a determination of their deportation status.
President Trump unilaterally shut down the federal government for 35 days to demonstrate his displeasure with the refusal of Congressional Democrats to provide funding for the border wall that was the centerpiece of his election campaign. Now that the shutdown is over, impartial experts looking at court records made an ironic discovery: the President's fit of pique allowed more than 80,000 undocumented immigrants to remain in the country.
One of the most misused and misunderstood immigration terms is deportation. Most immigrants in the United States understand that the term refers to the compulsory removal from the United States of a person who has entered and remains in the country without legal status. When the immigration laws were revised in the 1980s, the term deportation was deleted from the law and was replaced by the word removal. Nevertheless, the two words retain the same meaning: the removal from the United States of a person who has no legal right to enter or remain in the country.
American citizens should be free of any worry about being deported, but apparently, American citizenship is not a complete barrier against ill-advised and illegal deportation proceedings. A resident of San Bernardino who is an American citizen was illegally detained by U.S. Immigration and Customs Enforcement and repeatedly threatened with deportation, even after she insisted on several occasions that she was an American citizen.
Many immigrants in southern California are in the United States because they enjoy protection under the Temporary Protected Status program (TPS). In its never-ending campaign to remove such protections, the Trump Administration recently announced a plan to terminate the TPS program for immigrants from Sudan, El Salvador, Haiti and Nicaragua. The announcement immediately threatened immigrants from these countries will imminent deportation. However, a federal judge in Los Angeles issued an injunction that requires the government to maintain the program and the protected status of its beneficiaries while a class action that challenges the validity of the termination proposal comes to trial.
The future of the Deferred Action for Childhood Arrivals program has been up in the air for some time now. So, it is understandable that participants in the program would have concerns about their future. One thing that a recent study points to as being a regular source of worry among DACA participants is the possibility of future deportation.