Tills Visa Law

Stephen K. Tills, Attorney at LAW

Notes on the Trump Immigration Plan

Presidential candidate Donald Trump set forth his proposed changes to Immigration policy, as follows:

  •  Build the wall
  • Cut Federal funding to Sanctuary Cities
Trump on Immigration photo provided by vox.com

Donald Trump on Immigration,  Sept 6, 2016.  photo courtesy of vox.com

The House Appropriations Committee in July 2015 adopted an amendment into a spending bill that would make “sanctuary cities”  ineligible for federal grants if they refuse to cooperate with federal officials in immigration cases.

  •  End the catch and release policy for undocumented immigrants and instead return them to their country of origin.

In 2014, Border Patrol agents received written guidelines instructing them that the vast majority of illegal immigrants in the U.S. are off limits to federal agents and are substantially immune to detention and deportation. The training materials, when coupled with a November 20, 2014 memo on prosecutorial discretion from Homeland Security Secretary Jeh Johnson, indicate that agents should primarily only arrest someone who they directly see cross the border, if they are a wanted criminal, a convicted felon, have an extensive or a violent criminal history, or otherwise pose a national security or public safety threat.

  •  Have zero tolerance for undocumented immigrants who have committed a crime, and deport them.

That would require a change in the law.  For lawful residents that have resided in the U.S. for more than 5 years, a single misdemeanor or felony conviction would likely not be a removable offense. It usually takes two or more.   

  •  Triple the number of deportation officers at the department of Immigration and Customs Enforcement.  Add 5,000 additional border patrol agents.
  •  Repeal President Obama’s executive orders that temporarily protected undocumented immigrants from deportation and authorized them to receive work permit.

The only DACA program that survived judicial review is DACA I. DACA II and DAPA were blocked by the Texas Court and on appeal by the Supreme Court.

  • Stop issuing visas to any country where “adequate screening cannot occur” that might endanger national security
  • Ensure foreign countries take back deported immigrants from the United States (Mr. Trump said 23 countries refuse to do so).

 The countries that refuse include China, India, Cuba, Pakistan, Vietnam, Honduras, Nicaragua, El Salvadore, and a number of island nations in the West Indies. 

  •  Complete a biometric entry and exit visa tracking system under development. “It will be on land, it will be on sea, it will be in the air,” he said.

The biometric entry system is used currently for applications for LPR status, and most extended visitor visa applications but not for visitors arriving by car and plane at a port of entry.

Champlain. new York, Port Of Entry, courtesy of Architects

Champlain. New York, Port Of Entry, courtesy of Architects

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