Reflections after the election

I want to give you some thoughts about the future, after the results of the presidential election.

I do not know whether we will get any significant changes in immigration laws during the next 4 years.  It is possible, but it is also possible that there might not be changes.  It will depend on the priorities of the Trump Administration and on the actions of Congress.

For persons who are U.S. citizens or permanent residents, the election of Donald Trump should not result in any particularly new or different problems for you with respect to U.S. immigration laws.

For everyone else, if there are significant changes in immigration laws, the laws might actually help, or they might make things worse.  At this time, we just don’t know.  If there are changes in the laws, we also don’t know how quickly or slowly such changes might occur.  Things in Washington often move more slowly than we might think at first.

It is possible that the way cases are handled by the various immigration agencies will become stricter, but that also will not happen overnight.  There are thousands of immigration officials employed at USCIS, ICE, and CBP (Customs and Border Protection), and so if there are changes in procedures, they might happen slowly, if at all.  At this time, we just don’t know what changes in procedures might occur.

Probably most of the thousands of current employees in the federal government will remain working at their jobs.  Most will probably continue to handle cases the same way that they have been handling them up to now.  It is possible that the Trump Administration could call for changes in the way that cases are handled, but again, many of those changes (if any) take time to be implemented.

Some programs, such as the I-601A Provisional Waiver Program, remain in place.  A program such as I-601A could only be changed through an official process, which could take 6 months or longer.

Other programs, such as DACA, could be eliminated more quickly.  The future of DACA as of January 20, 2016 is uncertain.

I think that it is possible that CBP (the officials at the airports and the borders) might become tougher and stricter in their encounters with persons traveling into the United States.  I always advise that you communicate with me before you travel.  Now, with the election results, I want you to know that you might possibly face a more difficult encounter with CBP when you return to the United States.  We don’t know how CBP might change the way they do their job.  At this time, the best we can say is that they might become more strict.

For persons who have cases in Immigration Court, and whose cases have been administratively closed, the future is uncertain.  There exists the possibility that the new administration could order ICE to continue with your case in Immigration Court.  At this time, we do not know what the new administration might, or might not, do with cases that have been administratively closed.  If your case returns to the Immigration Court, or to the Board of Immigration Appeals (BIA), then we will have the right to continue to argue on your behalf to try to obtain any immigration benefits in Immigration Court or the BIA to which you may be entitled.

Adjudicators will not instantly start deciding cases differently from how they are doing it now. A case that would be approved today will be approved in the first few months of Trump’s presidency. There could be rapid change in specific types of cases due to a policy change – DACA is the most likely target of such a policy change – but the majority of cases will be decided the same as before.

New administrations can change how things are done, but there are laws preventing that from happening too quickly.

For cases that we are currently preparing, I expect we will be able to finish before substantial, sweeping change takes place. I cannot promise that a sudden policy change won’t affect your case, but I believe it is unlikely. The best thing to do is carry on and try to finish as quickly as possible. You can help me in that regard by providing me with requested information and documentation as quickly as possible when I request it. The sooner we finish your case, the better.

You will have questions that I will be unable to answer because I do not know the future. My promise to you is that I will do the best possible job on your case. Do not despair. Keep moving forward.

If after reading this you still have questions, please send them and I will respond as soon as I can.

International organization criticizes DHS detention policies

An international rights group condemned U.S. immigration policies regarding the apprehension and detention of immigrants.

The Inter-American Commission on Human Rights, a part of the Organization of American States, issued a comprehensive review of the U.S. government’s immigration enforcement practices in recent years, and found fault with many aspects of actions taken on behalf of the U.S. government.

You can view the 155-page report here.