Politics
Trump and anti-immigrant zealots in the GOP love to confuse the immigration debate by labelling lawful family-based immigration laws and procedures with the ominous-sounding pejorative of “chain migration”. Don’t fall for it! The bottom line is that the law allows certain, not all, individuals who are U.S. citizens or lawful permanent residents to petition for family members in the name of family reunification. This is a good thing. Read The New York Times' take here.
Timothy R. Bakken
Founder
This article describes what I am seeing in my direct experience in the world of U.S. business immigration. The CIS is issuing excessive requests for additional evidence even where an applicant is seeking an extension of an existing status with no changes in the underlying job duties, job location, or conditions of employment. Granted, the law properly requires petitioning companies and applicants to establish eligibility for the requested status. But, the current administration has issued guidelines that encourage CIS officers to demand more and more evidence of obvious facts (and give more leeway to deny petitions). One particularly egregious and comical example from my own practice: The CIS asked my client, a huge, well-known airline, to prove it was an existing business as part of its H-1B petition for a financial analyst. The petition was approved but only after unnecessary expense and time spent proving facts that are common knowledge to any living, breathing person. These new interpretations of existing law and regulations are inefficient and wasteful and contradict any professed goal of streamlining government bureaucracy. And, to be clear, I wholeheartedly support a crackdown on unscrupulous companies that abuse the H-1B program or any visa program. The current administration’s new rules and unreasonable interpretations of existing laws and regulations do not effectively address visa fraud because they treat law-abiding companies with long histories of closely following immigration law the same as companies that abuse the system.
Timothy R. Bakken
Founder
President Trump's distaste for immigrants is no secret, and he only continues to become harsher with the help of Senator Jeff Sessions. While he argues that immigrants are dangerous and causing crime, Tucson's police chief has quite a different opinion. Because of the great amount of anti-immigrant sentiment that is plaguing the United States currently, immigrants feel less and less safe and trusting of the government and law enforcement, causing them to become more secretive for fear of deportation. We need to build trust and positive rhetoric with immigrants rather than alienating them and treated them as outsiders, because they are not. Read the police chief's piece here.
The Trump crackdown on immigration only continues to worsen. Not only are arrests of immigration up significantly from this time last year, but the number of arrests that were performed on people with no past criminal history or convictions has also increased dramatically. When ICE is in search of a certain person, while they do not call their raids "sweeps", they often end up picking up more people along the way who were not the initial targets. In addition, during the legal process of applying for U.S. citizenship or lawful permanent resident status, ICE will often be waiting at the courthouse to pick up immigrants who have been charged with minor crimes before they have had a fair trial. Is this a good use of taxpayer funds? I don’t think so.
Trump is now targeting the STEM OPT program in his continued efforts to discourage legal high-skilled immigration to the United States. STEM OPT currently allows over 40,000 foreign STEM students at U.S. universities to work in the U.S. in a STEM field for three years after graduation. President Bush conceived the program, Obama extended it, and now Trump is trying to end it, which will only hamper America's leading position in the world. What does this say about Trump’s professed support of a merit-based immigration system? And from a larger perspective, what message does it send about America’s historical role as a nation that welcomes immigrants and benefits from their economic and cultural contributions?
Timothy R. Bakken
Founder
It recently came to light that during a February immigration raid, the Department of Homeland Security did not only target those with serious criminal records or people who are otherwise threats to the U.S. Rather, then-DHS Secretary John Kelly worked hard to shape the narrative that would be told to the public to give the impression that only dangerous criminal immigrants were arrested when in fact the raid swept up mainly immigrants with no criminal records whatsoever. This example is only one of many similar raids during 2017, but it shows that the Trump administration is falsely labelling all undocumented immigrants as threats.
Timothy R. Bakken
Founder
