OUR NEW PRESIDENT – WHAT WILL HE DO ON IMMIGRATION? #2
VOA (Voice of America) reports that in an interview Trump Advisory Counsel Member Luis Quinones says there will be a softer stand for those who are of the American Spirit:
VOA: There are rumors of mass deportations, kids are scared, mothers are scared.
Quinones: They are lies. The president-elect asked us to be in a conference call he said, “Tell them there won’t be mass deportations.” The criminals will be deported. We will also deport those who abuse their tourist visa. If you stay here and pay taxes and Social Security and you are building a retirement, we will smooth the process to allow them to be part of the labor force. If you commit a crime, you will be in a database and we will find you.
VOA November 18, 2016.
While the above is old, we have not seen any retrenchment from this position. We spoke of who should be most concerned in our prior post, this adds some more definition and makes clear, postorder, preorder or as a visitor overstay, criminal behavior will be a problem
A politician’s promise is like a used car saying the car he is trying to sell you is the best in the world.
For those who are not inured in the life cycle of a Presidential Candidate to a President, the one thing that can be counted on is the Promises and Positions of the campaign are always forgotten after the presidential candidate becomes President. The one that comes immediately to mind is Republican George Herbert Walker Bush promise “Read my lips: No new taxes.” One would presume the reality of running the government brought about the change to being a tax and spend Republican.
The more telling stand change was Republican president Ronald Regan (perhaps better known as a union buster ) cut taxes his first term. Then, after his second term was won, by sophisticated changes in tax laws and regulations, raised taxes a lot. Perhaps again a dose of reality catching up with the empty promises.
President elect Trump made a lot of promises during his campaign. The ones that most concern my immigrant clients is those that promise to send home those who do not have legal status. With today’s president elect’s immigration policy, it is likely to be the same. You can not, under the present structure, send home between 2,000,000 and 30,000,000 people quickly, if at all. That may not be the end of it though.
Who Runs Our Immigration System?
Day to day control of the Immigration System is most effected by the Attorney General. (Ignoring the Secretary of DHS and the Director of USCSI) The Attorney General’s actions do not have an immediate check and balance as the other actions of the President do — he can pretty much just do it.
President Elect Trump has nominated Senator (R-AL) Jeff Session to be Attorney General. As Mr. Sessions is a senator, we see little chance his nomination will be blocked. Because of the Attorney Generals control over the official interpretation of Law in the immigration field (remembering Chevron) he is a powerful actor in Immigration.
Ranking of Risk – my opinion only
- Final Order based on serious criminal act
- Final Order based on less serious criminal act – Assault, Intoxicated Driving etc.
- Final Order , subsequent criminal act
- Criminal act (new in list)
- Final Order
- Final Order with proven relief or really good equities
Conclusion and Recommendation
If you do not have a Permanent, secure, status in the United States, you should be concerned. You should, not later, but today, start taking steps to have a more secure position.
Reflect on time being a valuable resource. It takes time to put any plan in place. If your attitude is I will wait, what will you do if you are still waiting and are involved in a Traffic Stop? A workplace visit? Someone looking for someone else but finds you? You may not have time then
Time is an asset, you should visit with an immigration professional and check out your options before it is too late!