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.
Don’t Give In to Demagogues on Immigration /
An eloquent letter to the editor from an immigrant whose family came to the United States through the diversity visa lottery program.
Trump Continues to Attack High-Skilled Lawful Immigration /
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
CIS Continues to Clamp Down on Lawful Immigration /
On October 23, 2017, the CIS made official what immigration attorneys have been seeing in practice for a long time: Dramatically higher and more intense scrutiny of extension petitions for nonimmigrant workers. In the past, CIS understood that a prior approval of a petition should be given consideration, i.e., if CIS previously granted a petition it is logical to assume that CIS knew what it was doing and knew that it was inefficient and unnecessary to re-adjudicate the entire matter each time an extension was requested. CIS has always had the authority, as it should, to question a prior approval where a CIS officer suspects fraud or a material change in the underlying eligibility for a particular nonimmigrant status, so the intention of the new guidance is unclear except that it will force petitioners and individuals to spend more money and time trying to prove to CIS what CIS has already accepted in a prior filing. So much for encouraging a dynamic and efficient 21st century economy! The new guidance applies to all nonimmigrant work categories that require filing of an I-129 petition – H-1Bs, H-2Bs, L-1s, Os, Ps, and others. The policy takeaway: This administration really does not see immigration as a benefit to our country’s culture and economy. The practical takeaway: Overdocument! U.S. businesses and individuals trying their hardest to follow the immigration laws and procedures will have to try even harder and even when they do everything right will face increased uncertainty in the future. Read more here.
Timothy R. Bakken
Founder
ICE Increasing Workplace Raids /
According to the Director of ICE, employers should prepare for a huge increase in worksite raids and enforcement actions in the future. U.S. businesses that employ foreign workers should make sure their paperwork and processes are in order, including I-9s, H-1B public access files, and all immigration-related paperwork. Learn more here.
Timothy R. Bakken
Founder
Trump Administration Exaggerated Immigrant Threats to Justify Raids /
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