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current events in immigration law Archives

Migrant deported despite obtaining withholding of removal

People in Indiana who are seeking asylum may be interested to learn that an immigrant from Venezuela who was granted protection from deportation while in the process of seeking asylum was sent to Mexico anyway. The man had been a police officer in Venezuela, and he and his family had been targeted for violence after he refused to arrest people because of the political party they were in.

LGBTQ asylum seekers face unique challenges

LGBTQ couples may face particular challenges dealing with the U.S. immigration system, especially if they are coming from countries that do not recognize same-sex marriage. Many Indiana residents are concerned about how changes in the federal government's approach to immigration may affect some of the most vulnerable people in the migrant population. For example, one openly gay couple from Honduras fled to the U.S. to seek asylum after facing harassment, death threats and violent attacks against them in their home country based on their sexual orientation. After months of online threats, they were attacked by gun-wielding gang members, prompting them to flee to the United States.

Cost of some immigration applications are going up

A recent U.S. Citizenship and Immigration Services announcement indicates that the cost of citizenship applications will increase to $1,170 from $640. That's an 83% rise in the cost of citizenship applications. The USCIS is a federal agency, so the price increase will impact people applying for citizenship in Indiana and all over the country. The agency has proposed a 21% increase in the overall cost of some immigration applications, saying the increase in prices is required to cover costs and pay for applicant reviews.

U.S. might start collecting DNA from detained immigrants

Indiana readers might be interested to learn that the Trump administration recently announced a proposal that would allow U.S. authorities to take DNA samples from detained immigrants. Opponents of the proposal, which was officially published on Oct. 22, say that it raises privacy concerns for minor offenders and asylum-seekers.

Expedited immigration removal policies

Individuals living in Indiana and around the country may be concerned about recent efforts by the federal government to track down and remove undocumented immigrants from the United States. Recently, new policies have made it easier for some undocumented immigrants to be removed from the country without a hearing before a judge.

Immigration "rocket docket" denying immigrants hearings

The U.S. immigration court system is rife with clerical errors and lack of notice, according to immigration attorneys and others who have worked in the court system. As a result, immigrants living in Indiana and elsewhere are at risk for being deported "in absentia" without knowing it.

ICE Worksite Raid: Employer Rights and Responsibilities

When it comes to an immigration worksite raid preparation is critical. Even if you are meticulous in confirming the work authorization of all of your employees, Immigration and Customs Enforcement (ICE) could investigate your workplace in connection with a lead or complaint, or based on other factors. If you do not have a worksite enforcement action plan in place, consult with your immigration attorney or seek the advice of a qualified immigration attorney so that in the event ICE makes an unannounced visit, you and your employees are ready. But in the meantime, if ICE comes to your work place, be aware of the following:

The new Trump administration asylum application process

A new Trump administration rule, which requires most migrants to apply for asylum in one of the countries they passed through before they can file for protection in the United States, has drawn sharp criticism from immigrant rights advocates and human rights organizations and will likely be challenged in the courts.

What is next for the immigration court system?

For years, the immigration court system has been plagued by systemic problems that have severely undermined its ability to deliver just and fair decisions in a timely manner. Housed within the DOJ, the Executive Office for Immigration Review (EOIR) is vulnerable to executive branch interference, a structural flaw which the current administration has exploited and which undermines the very integrity of the system. These problems are compounded by a growing case backlog that is nearing 900,000 cases. While oversight would slow the most recent policies, it would not remedy the conflict of interest inherent in an immigration court system that is firmly under the control of the Attorney General. AILA urges Congress to introduce bipartisan legislation that establishes an independent immigration court system, outside the DOJ, under Article I of the Constitution.

Immigrants may be subject to DNA testing

Indiana residents may know that the Trump administration has tried to implement many policies aimed at changing how people enter the United States. Individuals who are trying to cross the Mexican border into the United States may have to submit to DNA testing as part of the immigration process. The process is being implemented on a pilot basis at two or three different towns along the border. It is intended to confirm claims made by individuals claiming to be part of a family.

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