OPINION-US VISA | IMMIGRATION CORNER: Trump: No amnesty for illegal aliens

IMMIGRATION CORNER –
Michael J. Gurfinkel –
The Philippine Star

 

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People are very much aware and concerned about Trump’s immigration policies. Even naturalized US citizens are afraid of traveling outside the US, concerned they will be detained upon their return. How much more concerned are lawful permanent residents, people holding temporary, non-immigrant visas or are out of status?

One of the problems and frustrations with Trump’s immigration policies is he keeps changing them and becoming more strict, making it so hard to gauge or predict a person’s future in the US.

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For example, the Trump administration is always discussing “enforcement priorities.” At first, we were assured that the Department of Homeland Security (DHS) would focus on felons, terrorists and others who pose a threat to the safety and security of US citizens. Fair enough. But it now seems everyone who is not in strict compliance or has some minor immigration violations in the past is also considered an enforcement priority. Crimes such as shoplifting could result in a non-citizen being detained.

While Trump said the focus was on felons, terrorists, etc., members of his administration now argue that anyone in violation of immigration law or who is out of status is effectively “violating the law” and could be considered an enforcement priority. Therefore, merely being out of status (with no crimes or threats to society) could now be an enforcement priority. There have also been situations where a person had gone for an adjustment interview (based on an approved petition, whether through family or employment,) and United States Immigration and Customs Enforcement (ICE) agents were waiting to take them into custody. Or, if their adjustment was denied, they are immediately issued a notice to appear (NTA) and placed in deportation/removal proceedings.

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What may be truly disturbing is that Trump had said during his first term that he was open to a possible amnesty once the southern border was secured. He has since claimed he was recently able to secure the southern border in record time, and there are literally no more border crossings, as was the case during the Biden administration. So, what about amnesty?

Unfortunately, at a recent press conference, the press secretary, Karoline Leavitt, emphatically stated that the president “will not support amnesty for illegal aliens in any way.” This is truly disappointing, because there are so many people who could contribute so much to the US if only given a pathway to legalize their status. Congress refuses to pass meaningful immigration legislation, and Trump has found the immigration issue to be so popular that it looks like he will not back down because the polling is so favorable.

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For my part, I know the fear, trauma and anxiety so many people are now feeling. I even have naturalized US citizens consulting with me about whether it is safe to take a trip or vacation to the Philippines, afraid they may be denaturalized. Lawful permanent residents or those applying for immigration benefits are even more traumatized.

We have been hoping and praying for an amnesty, but Trump has changed his position and will not even consider it now. He wants to deport as many people as possible. This is why if you are applying for immigration benefits, you may want to first consult with an attorney who can evaluate whether you are eligible, help you prepare and package your petition or application and represent you at any interview or hearing. This is because now the stakes, risks and danger are so high, and a denial could result in being placed in deportation/removal.

 

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