About Me

- Eli Kantor
- Beverly Hills, California, United States
- Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com
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Tuesday, February 11, 2025
I'm an Immigration Attorney in the U.S.—Fear Is Rising Fast
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Armed ICE Agents Raid Denver Apartments To Remove 'Threat of Criminal Aliens'
By Nadine C. Atkinson-Flowers
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According to a Migration Policy report, nearly 46.2 million legal immigrants lived in the United States in 2022. Based on the rhetoric in the news—and elsewhere—ramped up in February 2025, you would think there were none here in America.
You would also think that everyone who has come from elsewhere had committed some kind of crime in the U.S.—or in their home countries. It also felt like people from specific groups were being targeted.
Since coming to America, I have walked many miles in these—my immigrant shoes. It started with a 12-year wait for a green card approval at my local Embassy in Jamaica—for which many trees died and much financial resources were poured into over the years. It culminated in the visa package that was not to be opened on penalty of death—even if only figuratively—that was to be handed to the border officer when I landed in the U.S. with my family.
To this day, I am not sure what was in it. The interrogation—albeit benign—at secondary inspection signaled the beginning. The stamp in the passport was what truly began the journey.
Having left Jamaica armed with my extensive professional experience in several fields—including as a prosecutor and defense attorney—and several academic qualifications, not getting a job in the legal field immediately was quite jolting. Not getting a job in any professional area was mind-boggling.
I was beginning to be an immigrant. Since this wasn't an employment-based green card—or a work permit scenario—there was no job waiting for me. I had come on a family-based green card.
So, it took a lot of cold calls, résumé rebuilding, and fearless networking to get a survival job.
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers, Esq., (L & R) is both a U.S. Immigration Attorney and a Jamaican Attorney. Nadine C. Atkinson-Flowers
I can only describe a survival job as one that you take because you have to—and one that you would never think of taking with your skills and qualifications in your home country. But taking such a job in America meant you got paid—and if you really want to be optimistic—you were interacting with people and networking with a fervent hope of getting into your field of qualification eventually.
Whilst navigating that, I was morphing as an immigrant. This process occurred slowly as phrases like "you have an accent," "what accent is that?" "where are you from?" and "oh, you were a lawyer" were thrown about.
Sometimes I would say "everyone has an accent," but by then, the person had already mentally left me behind. So, I didn't even have the satisfaction of seeing them squirm—to wriggle out of a corner they created for themselves.
Mispronunciation of my name—sometimes with an apology, sometimes even after sustained effort on their part—remains common. However, now, I am emphatic about them getting it right. If I can spend the time to get yours right—you can spend the time to get mine right. Small victory—but now that I know that I am an immigrant—it's a victory nonetheless.
I practice here in the U.S. and in Jamaica, and the difference is sometimes startling—from the pace of matters to the reception I get when people hear that I am a lawyer—and not just in one, but two jurisdictions.
My immigration practice began naturally as I had been privy to my attorney completing the documentation on my family's behalf and found it fascinating as it is so evidence-driven. Being a prosecutor and defense attorney has served me well as an immigration attorney, while I try to ensure that clients' cases are as airtight as possible so that they get their immigration benefits. I am always thinking about what documentary evidence is useful in this specific case.
Regardless of what people say, no two cases are the same—regardless of how they appear on the surface. I find it fascinating that many persons in the U.S. are very uninformed about how immigration actually works—and are equally uninformed about other countries.
My excellent education in Jamaica exposed me to worldwide vistas, and now in my immigration practice, when I meet clients from all over the world, I can invariably ask a useful question or two about something in their country. That puts them at ease—even if it's a simple question about football.
I recall a meeting early on in my career as an immigration attorney with a client from the Ivory Coast, who was visibly nervous. I mentioned that Didier Drogba was a favorite player of mine when he was at Chelsea Football Club—and that put the person at ease immediately. Now Bruno Fernandez of Manchester United is my favorite football player, so I have kind of switched my Premier League club allegiance.
However, I have never forgotten that client's reaction, and I always try to bring that kind of ease to my client interactions. My clients often teach me something—even as I assist with their cases. Since I practice across the country and have clients internationally who I work with in person and virtually—it's very important to have good communication, and putting people at ease is a great way to achieve that.
As I reflect on the past few weeks of the new administration, there has been a significant increase in people seeking information. Many people are afraid—and that is not solely persons without lawful status in the country.
Citizens are worried they will be caught up because of profiling or mistakes—and worry about what can happen to their children and loved ones. There are several cases now before the courts where people have been arrested for impersonating law enforcement and Immigration Customs and Enforcement (ICE) officers. These are alongside scenes of ramped-up immigration enforcement activities across the country.
I am seeing the public's worry in person, on my YouTube channel, when I do speaking engagements and on radio programs that I have been doing—as well as comments to articles I write in newspapers. People are trying to sift out what is true, what is legal, and what is the law as it stands now about immigration. I sincerely believe that access to correct legal information helps people to make informed decisions. So, now increasingly, people are seeking resources to help them make decisions.
For myself, if there's any good that has come out of me now knowing that I am an immigrant—it is regarding my culture. During the past few years, I have increasingly embraced my Jamaican culture and am making desperate efforts to ensure my children know it—even as they too navigate being immigrants—albeit without my telltale Jamaican "accent."
Nadine C. Atkinson-Flowers, Esq is a U.S. Immigration Attorney and a Jamaican Attorney. She is also an avid writer with 6 books on the US Immigration system, Jamaican Law and Caribbean History.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
All views expressed are the author's own.
Noem on potentially sending nonviolent migrants to Guantanamo: 'I don’t know what the president will decide'
Homeland Security Secretary Kristi Noem doesn’t rule out sending nonviolent undocumented immigrants to Guantanamo, telling CNN’s Dana Bash, "I don't think the president's going to tie his hands on what he needs to do to make sure that America is safe."
Trump sued over order suspending refugee admissions
A coalition of refugee resettlement organizations sued President Trump on Monday over an executive order from the first day of his administration that indefinitely suspends the U.S. Refugee Assistance Program (USRAP).
The suit challenges not just the suspension but the abrupt cutoff of funding to those that aid refugees, including for work done in advance of Trump taking office.
Trump’s order bars processing of those fleeing persecution and danger for 90 days as administration officials study whether accepting refugees is “in the interests of the United States,” leaving it to the president to determine when to do so.
“President Trump cannot override the will of Congress with the stroke of a pen,” said Melissa Keaney, an attorney with International Refugee Assistance Project, which is representing the resettlement groups, in a statement.
“The United States has a moral and legal obligation to protect refugees, and the longer this illegal suspension continues, the more dire the consequences will be. Refugees and the families and communities waiting to welcome them have been thrown into indefinite limbo and the resettlement agencies ready to serve them don’t know if they can keep the lights on if the government continues to withhold critical funding. This could decimate the USRAP, carrying consequences for years to come.”
The suit was filed on behalf of Church World Service, Lutheran Community Services Northwest, and HIAS, formerly the Hebrew Immigrant Aid Society.
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“The American Jewish community owes its very existence to those times when the United States opened its doors to refugees fleeing anti-Semitism and persecution,” said Mark Hetfield, HIAS’s president, in a statement.
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“HIAS will stand for welcome, stand up for what we believe in, and fight this refugee ban in court.”
Nine refugees are also listed as plaintiffs in the suit, representing those cut off from accessing the program, a group that includes many refugees from Iraq and Afghanistan
The suit argues the suspension violates numerous laws, including the U.S. Refugee Act and the Administrative Procedures Act. It also argues Trump has circumvented the Constitution’s mandate on the separation of powers.
The suit also challenges Trump’s withholding of funds to the organizations which is spent on helping refugees get established in the United States.
“National faith-based nonprofit organizations that receive a majority of their funding from the federal government—are already struggling to keep their lights on and their staff employed, let alone continue to serve the vulnerable refugees at the core of their missions,” they wrote in the suit.
“Since receiving the Suspension Notices, the Plaintiff Resettlement Agencies have not received reimbursements for millions of dollars they are owed from the State Department for work performed in November and December 2024, well before the Suspension Notices and the Foreign Aid Executive Order issued.”
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Friday, February 07, 2025
White House pressures ICE to pick up pace of migrant arrests, sources say
In the first weeks of the new Trump administration, the White House has boasted about the arrests of thousands of undocumented immigrants. But behind the scenes, senior officials have expressed frustration with Immigration and Customs Enforcement in tense calls for not meeting its marks, according to multiple sources familiar with the discussions.
“They’re treading water. They’re way behind,” a Trump administration official told CNN, referring to ICE. The calls have included White House deputy chief of staff for policy Stephen Miller, border czar Tom Homan, and Homeland Security Secretary Kristi Noem, along with various federal agencies involved in the enforcement effort.
“It’s not pretty,” the official said of the calls.
President Donald Trump kicked off his second term in office with an ambitious immigration agenda, promising to deport millions of undocumented immigrants and seal off the US southern border. Since then, Trump administration officials have swiftly moved to strip temporary protections for migrants and delegate more authority to federal and state partners.
More than 8,000 people have been arrested by federal immigration authorities since Trump’s inauguration. Administration officials haven’t shared exactly how many undocumented immigrants they’re aiming to arrest this year, but daily apprehensions have already surpassed last year’s daily average under President Joe Biden.
Trump administration officials are weighing a slate of new immigration measures, including borrowing ideas from Texas like adding buoys in the Rio Grande and assessing more military bases to hold migrants. They are also discussing plans to send migrants from Africa to another country, akin to El Salvador’s agreement to take migrants from other countries, according to two sources familiar with the planning.
But Trump’s stated goals are also meeting the on-the-ground realities and challenges that have bogged down federal immigration enforcement authorities for years.
White House press secretary Karoline Leavitt confirmed Wednesday that 461 immigrants detained in the wave of arrests have been released for several reasons, including lack of detention space.
“I have a meeting with ICE leadership today to find out exactly who was released and why,” Homan told reporters Thursday.
Asked if ICE was doing enough, he said: “They’re doing a great job. We got to do more.”
Multiple sources described tremendous pressure on ICE officers to deliver results, including ramping up efforts to target and detain undocumented immigrants with criminal records. Miller has previously described quotas on ICE field offices as a “floor, not a ceiling.”
“We’re having to perform. It’s not just the leadership. The expectation is that every officer out there is giving 100 percent,” another Trump administration official said.
In a statement criticizing the Biden administration, White House spokesman Kush Desai said, “The Trump administration has re-established a no-nonsense enforcement of and respect for the immigration laws of the United States.”
“Hundreds of violent, predatory, and gang-affiliated criminal illegal aliens have already been rounded up and deported by ICE since President Trump took office – and the Trump administration is aligned on securing our borders and ensuring that mass deportations are conducted quickly and effectively to put Americans and America First,” he said.
CNN reached out to the Department of Homeland Security for comment.
On Thursday, Leavitt told Fox News Trump is “very pleased” with Homan, Miller, and Noem.
“But as I’ve said before, we will not get complacent, and the president has made this very bold promise to the American people, and he expects everybody across DHS and here at the White House to continue to work hard every day to deport illegal criminals from American communities,” she added.
The White House and ICE, among several other federal agencies, have splashed multiple photos and videos of their enforcement actions on social media in a PR blitz showcasing the administration’s push to execute on Trump’s pledge.
Deportation flights are still on a pace similar to the weeks prior to Trump taking office, despite an increase in arrests, since the flights often take time to line up.
A plane carrying Guatemalan migrants arrives on a deportation flight from the US at La Aurora Air Force Base in Guatemala City, Guatemala, on January 30.
Cristina Chiquin/Reuters
A plane carrying Guatemalan migrants arrives on a deportation flight from the US at La Aurora Air Force Base in Guatemala City, Guatemala, on January 30.
The administration has mobilized wide swaths of the federal government to arrest and detain undocumented immigrants, but challenges remain.
ICE faces multiple challenges. The agency has limited resources and personnel, and has had to adjust to the abrupt change from Biden’s enforcement posture to Trump’s, sources said.
The agency is currently funded for around 40,000 detention beds and has around 6,000 immigration enforcement officers. As of Wednesday, ICE was operating over capacity, hovering around 108% with nearly 42,000 people in custody, according to internal government statistics reviewed by CNN.
Senior Trump officials have called on Congress to provide additional funding and also cited Guantanamo Bay as part of the solution to expand space. Planning and construction is already underway to set up tents to temporarily hold 30,000 migrants, an effort that’s expected to take weeks. Guantanamo Bay already hosts a migrant-processing center.
At the request of the Department of Homeland Security, Buckley Space Force Base in Colorado is expected to be used to stage and process immigrants. The facility is manned by ICE, among other agencies. Military bases in Arizona, Kansas, and Texas are also being floated as potential places to temporarily hold people, according to a source familiar.
The use of Border Patrol custody also remains a possibility given the low number of border crossings, though it’s unclear if and when the administration would resort to that.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Thursday, February 06, 2025
Trump immigration orders spark 'hysteria,' 'fear,' despite legal uncertainty
Feb. 5 (UPI) -- President Donald Trump's onslaught of executive orders and policy changes, many signed on his first day in office, outline his plan to carry out mass deportations and crack down on unauthorized entries into the United States.
Some of these efforts have already been met with legal challenges and may ultimately be unenforceable, however, Jeff Joseph, president-elect of the American Immigration Lawyers Association, told UPI the desired effects have still been met.
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"The message they're sending is they intend on being extremely enforcement minded when it comes to immigration," Joseph said. "The point is to send a message of disruption, chaos, hope that people will deport themselves. It creates fear and separates families because people will pick up and leave. It's not been done because they want to be successful [in court]. It's because they want to create mass hysteria."
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The executive order titled "Protecting the Meaning and Value of American Citizenship" has been quickly met with lawsuits as it seeks to eliminate birthright citizenship from the Fourteenth Amendment of the Constitution. It interprets the amendment to say that "citizenship does not automatically extend to persons born in the United States" if their parents were not "lawfully present" or a permanent resident of the country at the time of their birth.
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This interpretation breaks from a longstanding understanding of the meaning of the Fourteenth Amendment, dating back to its ratification in 1868.
"We heard rumors of coming for undocumented folks. To expand this to people who are in the country lawfully was kind of shocking to the system," Joseph said. "I want to highlight that Indians and Chinese people who are on H-1B visas could be here for decades before being legal. Any child you have during that time that is stuck in that green card backlog is no longer a citizen based on this executive order. It shocks the conscience."
Seven lawsuits have been filed against the Trump administration over this executive order, including two in New Hampshire and Massachusetts that were filed immediately after it was signed.
On Jan. 23, a federal judge signed a restraining order that blocked Trump's attempt to end birthright citizenship for the time being. Judge John Coughenhour called the attempt "blatantly unconstitutional."
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In the past, Joseph would have been confident that the U.S. Supreme Court would uphold the Fourteenth Amendment but he is not as confident about how the court will respond after Roe vs. Wade was overturned in 2022,
"I do have concerns. This court is also super concerned with executive overreach," he said. "They don't like executives to have unchecked power. This isn't even a situation with usurping the law. This is a president, through executive order, claiming fiat over the whole Constitution."
Trump has signed seven executive orders overhauling U.S. immigration policies while also giving directives to enforcement agencies like U.S. Immigration and Customs Enforcement to take aggressive actions to detain immigrants. He also revoked a number of Biden administration policies that were aimed at creating a more humane immigration system and resettling refugees.
In their place, Trump has reverted back to policies from his first administration. He has suspended the U.S. Refugee Admissions Program to realign its priorities toward only admitting refugees "who can fully and appropriately assimilate."
The U.S. attorney general is directed to focus on so-called sanctuary cities, seeking possible violations and encouraging stricter enforcement of immigration laws.
Reports of raids have spurred up across the country, beginning within hours of Trump's presidency. Along with workplace raids that were touted by his border czar Tom Homan, the president has directed immigration officials to raid schools and churches.
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Chief among his actions, Trump declared a national emergency at the southern border, directing military resources to be sent to the border and calling for additional physical barriers to be constructed. He has clarified the role the military will play under his presidency, placing a priority on "securing the border." He also authorized state law enforcement to work with federal agencies to identify and detain people who are not legally authorized to reside in the country.
The overarching goal, according to the national emergency, is to stem the flow of migrants coming into the country without authorization.
The quick mobilization of immigration officers and aggressive tactics should come as no surprise, according to Donald Sherman, executive director and chief counsel for Citizens for Responsibility and Ethics in Washington. He told UPI the presidential transition team prepares the incoming administration to begin executing its agenda immediately. Trump was clear on the campaign trail about what he intended to do.
"Donald Trump said that he wanted to terminate the Constitution and I think his first week and a half back in office, he demonstrated a number of actions that violate the Constitution, violate the separation of powers and are otherwise illegal," Sherman said.
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"The legal actions demonstrate that the American public -- folks that we represented in our case challenging [the Department of Government Efficiency], like veterans, teachers -- are not going to sit by and allow this president, who has been convicted of multiple felonies and demonstrated his lawlessness, violate the law unchallenged."
None of Trump's actions clarify how legal pathways to citizenship will be improved or otherwise reformed.
Within moments of him being sworn in, the CBP One App, a tool that helps hopeful immigrants schedule appointments at the southern border, was shut down. This effectively stopped people from tracking their existing appointments or making new arrangements immediately.
CBP One was a free app administered by U.S. Customs and Border Protection. It allowed noncitizens who were seeking asylum, work permits or other forms of legal entry to submit information and documents before arriving at the border. It was used by more than 1 million people who came to the United States on temporary work permits or through other forms of authorization.
Unlike other moves by the administration, the removal of the CBP One App is unlikely to face a legal challenge, Joseph said.
"It's an administrative tool that the agency is using. It's not a right," Joseph said. "It was not perfect. Nobody thought it was perfect but it served a purpose to try and create some order at the border. It's really unfortunate they have taken it away."
For more information, visit us at https://beverlyhillsimmigrationlaw.blogspot.com/2025/02/this-agricultural-giant-voted-big-for.html.
This agricultural giant voted big for Trump. But its industry could be disrupted by his immigration crackdown
Sleep is hard to come by because of constant fear and uncertainty. But, she says, it is better than the alternative: “If I go back to Honduras, they will kill me.”
Week three of the new Trump term is week three of G’s insomnia. Her lawyers tell her she should be OK – that the asylum process she started a year ago should protect her. But G follows the news closely, hears rumors of ICE sightings constantly and recoils at President Donald Trump’s rhetoric about people like her.
“Claro, si por supuesto,” she answers when asked if she is worried about being deported by Trump despite having a pending asylum case.
“Of course, for sure,” is the English translation. “Because he tries to implement quite strict policies with immigrants in general, and I think even more with people who have just entered the country. At least with the program I entered with, there is some instability, so to speak. So, of course, that increases anxiety and concern.”
G entered the United States a year ago, using a Customs and Border Patrol phone app – CBP One – designed to streamline and more effectively manage asylum claims. Trump eliminated the app on his first day in office, and his immigration advisers often criticize Biden policies and talk of identifying and deporting migrants who most recently entered the United States.
G was a journalist in Honduras, and her reports about political corruption and government collusion with violent gangs made her, she says, a target of regime harassment and violence.
“I cannot return under any circumstances because I would be risking my life and my family’s life,” she said. “With Trump in power, everything I have achieved so far is at risk. He will probably review my case and force me to return – something I cannot allow. That is my biggest concern.”
G shared her story – and her fears – only after we agreed to protect her identity. She lives in Nebraska now, a red state that backed Trump by more than 20 points, where we found an immigrant community filled with outrage and fear. Those immigrants and their advocates are convinced the Trump enforcement crackdown is coming to their community sooner or later.
“The fear is real among us,” said G.
Our Nebraska visit is part of our evolving “All Over the Map” project, started in August 2023 to track the 2024 presidential election through the eyes and experiences of voters who live in key areas or are part of critical voting blocs. Now, with Trump back in the White House, we will keep in touch with those voters as well as adding to the group – and our target states – to track key policy initiatives of the new administration.
Fields outside Lincoln, Nebraska.
CNN
Fields outside Lincoln, Nebraska.
An agricultural state that needs labor
Nebraska Republican Gov. Jim Pillen praises the Trump crackdown and has offered state resources to help federal authorities. The governor declined an interview request during our Nebraska visit, but provided CNN a statement that said, in part: “Criminal aliens, weapons, deadly drugs and human trafficking have infiltrated Nebraska communities. I stand with President Trump and have issued my own executive order to ensure Nebraska state agencies do the same.”
Police chiefs in the two largest cities, Omaha and Lincoln, have called immigration enforcement a federal issue and said their resources would not be used to assist any federal crackdown. Likewise, public school officials in those cities have said their priority is making students feel welcome, regardless of their status.
Mary Choate, an immigration attorney in Lincoln, said the fear and uncertainty have parents worried about sending their children to school, or about attending services offered to them like English lessons.
“We really want to keep immigrants and refugees involved in the community because they’re so integral to our community,” said Choate, executive director of the Center for Legal Immigration Assistance. “But it’s been very difficult for them to be able to do that because they fear going outside of their homes.”
There is no consensus figure on how many undocumented immigrants live in Nebraska. Estimates range from 30,000 to 75,000. Still tiny compared to, say, California, Texas, New York or Illinois.
But Nebraska’s total population is just over 2 million and many of its leading industries are desperate for workers. Nebraska is second only to Texas in US beef production, sixth in pork, and its Cornhusker State nickname speaks to its status as an agricultural giant.
“Trying to find good, motivated, reliable help is a challenge,” said John Hansen, president of the Nebraska Farmers Union. “So, depending on how the president goes about this, it could be a potentially very, very negative impact.”
Even more so, perhaps, as Trump threatens to impose new tariffs on imports from Canada and Mexico, which have been delayed for a month. Hansen said any disruption in the US food supply chain caused by an immigration crackdown could be painful for business and consumers.
“If we have a hitch in the get-along in Nebraska, it’s a big enough processing state that’s going to, it’s going to be felt in the food chain,” Hansen said. “And we’re not unique from other states.”
Hansen, a Democrat, has been president of the farmers union since 1989. He is well aware immigration policy has long been political quicksand.
“Do we need better enforcement? I think we do,” Hansen said. “But we, you know, there’s, there’s a constructive way to do it, and there’s a less constructive way to do it.”
CNN
John Hansen, president of the the Nebraska Farmers Union, at his desk in his office in Lincoln.
By that, Hansen means he believes true reform would include both improved border security and a path to status for undocumented immigrants who have not committed any crimes since crossing illegally into the United States.
There were proposals to that effect during the George W. Bush administration, and again during the Barack Obama administration.
Back then, the ideas under consideration included allowing the undocumented to remain in the states and get on a path to status and even citizenship. Several ways to include accountability were discussed, like paying additional taxes or some other penalty, or perhaps being placed in a longer line for citizenship.
But immigration is one of the issues on which Trump’s remake of the GOP is most dramatic. Demanding the undocumented return home is now the overwhelming sentiment in the Republican Party and there is little GOP talk at the moment about broader new immigration legislation.
“Trump is primarily a disrupter,” Hansen said. “He’s not a fixer. … Hyper partisanship is not helpful, not constructive. It doesn’t solve problems.”
Red-state voters looking for Trump-style disruption
The Trump effect is hardly confined to Washington.
“if you’re here illegally, please leave,” is the view of Republican state Sen. Kathleen Kauth. “Go back, go through the process legally.”
Kauth is sponsoring legislation to require Nebraska employers to verify their workers have legal status. She sees the proposal as common sense. But she acknowledges the emotions of the national immigration debate might complicate efforts to attract local Democratic support.
“I think anytime you have polarization, you know, people tend to go to their sides and stick to it,” Kauth said in an interview at the Nebraska State Capitol. “I’m really more worried about Nebraska and focusing on, what do we need in Nebraska to understand the problem? How do we make sure that we are keeping people who are not here legally from taking jobs from people who are.”
CNN
Nebraska State Sen. Kathleen Kauth on the floor of the state legislature in Lincoln.
Kauth acknowledges Nebraska needs more workers. But she believes the state could handle any disruption caused by stricter immigration enforcement. On the day of our visit, Kauth was also meeting with the leader of a program that helps people recently released from prison find work.
“I’m very big into second-chance employment,” Kauth said.
In any case, her view is that following the law is paramount.
“I kind of view it as a poison fruit, from poison apple, from the poison tree, whatever the legal definition is,” Kauth said. “If your first act is to break the law, you have become a criminal. And so therefore, everything after – even if it’s well intentioned, even if it’s wonderful – please go back and go through the process, because we do want you here, but we need you to do it the right way. And I don’t think that that should ever change.”
‘A scary time’
That sentiment – in Washington and in Lincoln – has the immigrant community on edge.
“It’s a scary time for my community,” said a man we agreed to identify only by his nickname, Gin.
He was brought into the United States illegally as a child but has a green card now and is working toward citizenship. “This is what the American Dream is all about, not fear,” Gin said.
CNN
"Gin" walks with John King in Lincoln, Nebraska.
But Gin said he has family and friends who are undocumented and was worried that speaking to a reporter might make them Immigration and Customs Enforcement (ICE) targets.
“Where it going to end?” Gin asked, describing how just a rumor about ICE activity can set off a flurry of nervous phone calls and texts. “It starts off like, have you seen immigration, have you seen this? And you see the fear in people’s eyes, just the fact that they can’t go out to the store, they can’t go pick groceries, or even hospitals.”
Gin wishes Trump would pair tougher border security with some form of amnesty modeled after the approach President Ronald Reagan took four decades ago.
But he knows that is beyond wishful thinking.
“His first term was more of, like, let’s see if this can happen,” Gin said. “This year is more – I’m going to do it. … definitely more aggressive.”
For more information, visit us at https://beverlyhillsimmigrationlaw.blogspot.com/2025/02/judge-orders-nationwide-injunction.html.
Judge orders nationwide injunction against Trump’s birthright executive order
A second federal judge has blocked President Donald Trump’s executive order seeking to end birthright citizenship, declaring that the measure is likely unconstitutional.
Following an hourlong argument session Wednesday, U.S. District Court Judge Deborah Boardman said that a group of five pregnant immigrants and two immigrant rights organizations had “easily” met the standard to put Trump’s order on hold while litigation over its legality goes forward.
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“The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent, and runs counter to our nation’s 250-year history of citizenship by birth,” said Boardman, an appointee of President Joe Biden. The judge said her injunction would apply nationwide.
Trump’s order, set to take effect in two weeks, was already temporarily blocked by a federal judge in Seattle.
“The United States Supreme Court has resoundingly rejected the president’s interpretation of the citizenship clause of the 14th Amendment. In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first,” the Maryland-based judge added during a hearing in Greenbelt, just outside Washington.
Trump’s order, signed amidst a flurry of other directives on the first day of his second term, instructed federal agencies to stop issuing citizenship documents and recognizing the U.S. citizenship of babies born to foreigners living in the U.S. illegally or on temporary visas.
Trump’s order was set to take effect Feb. 19 and to impact only children born after that date. However, it had already been temporarily paused by a federal judge in Seattle. That judge is scheduled to take up a longer-term injunction at a hearing Thursday.
During Wednesday’s arguments, Boardman grilled a lawyer challenging Trump’s order and an attorney defending it about the relevant legal precedents, the order’s scope and its impact.
Joseph Mead, a lawyer for the immigrant advocacy groups, said Trump’s order conflicted with a century-old Supreme Court precedent and was causing deep unease among families expecting to give birth in the coming weeks.
“It infringes upon the most fundamental constitutional right,” said Mead, an attorney with Georgetown’s Institute for Constitutional Advocacy and Protection. “It is causing real-world confusion, fear, real-world harm for countless people today … The executive order’s departure from this well-settled history should be enjoined.”
However, Justice Department attorney Eric Hamilton insisted that executive branch officials have been misinterpreting the 14th Amendment citizenship’s guarantee for well over a century.
“The framers of that act did not intend to and did not in fact create a loophole to be exploited by temporary visitors to the country and by illegal aliens,” Hamilton said.
Boardman challenged as “novel” the Trump administration’s interpretation of the leading Supreme Court case on the issue, Wong Kim Ark v. U.S., an 1898 ruling that held a child born in the U.S. to parents from China was entitled to U.S. citizenship.
“What executive other than President Trump has taken this position?” she asked.
Hamilton pointed to a Justice Department report from 1910 and to an action by the State Department in 1885, but the judge quickly noted the latter action came before the Supreme Court appeared to resolve the issue just over a decade later.
Boardman questioned the authority of Trump or any president to decide who is and isn’t a U.S. citizen and she asked the DOJ lawyer what the harm would be if citizenship policies remained static while Trump’s attempt to change them were litigated in court.
“What’s the harm if we push the pause button, keep the status quo as it’s been for 250 years and let this question be decided on the merits?” the judge asked.
“The earlier executive branch practice can be aligned with the citizenship clause, the better,” Hamilton replied.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Wednesday, February 05, 2025
FY 2026 H-1B Cap Initial Registration Period Opens on March 7
Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for each registration submitted on behalf of each beneficiary.
If you are an H-1B petitioning employer who does not have a USCIS online account, you will need to create an organizational account. If you are an H-1B petitioning employer who had an H-1B registrant account for the FY 2021 – FY 2024 H-1B registration seasons, but you did not use the account for FY 2025, your existing account will be converted to an organizational account after your next log in. First-time registrants can create an account at any time. You can find additional information and resources on the organizational accounts, including a link to step-by-step videos, on the Organizational Accounts Frequently Asked Questions page. These FAQs will be updated with FY 2026 information before the start of the initial registration period.
Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 7 to enter beneficiary information and submit the registration with the $215 fee. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens.
The FY 2026 H-1B cap will use the beneficiary-centric selection process launched in FY 2025. Under the beneficiary-centric process, registrations are selected by unique beneficiary rather than by registration. If we receive registrations for enough unique beneficiaries by March 24, we will randomly select unique beneficiaries and send selection notifications via users’ USCIS online accounts. If we do not receive registrations for enough unique beneficiaries, all registrations for unique beneficiaries that were properly submitted in the initial registration period will be selected. We intend to notify by March 31 prospective petitioners and representatives whose accounts have at least one registration selected.
The U.S. Department of Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $99,999.99 per day for the FY 2026 H-1B cap season. This temporary increase is in response to the volume of previous H-1B registrations that exceeded the daily credit card limit. Transactions more than $99,999.99 may be made via Automated Clearing House (ACH). Use of ACH may require the payor to alert their bank in advance to remove any potential ACH block on their account. We will provide additional information before the start of the initial H-1B registration period.
An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process. Additional information on the electronic registration process is available on the H-1B Electronic Registration Process page.
Organizational Account Enhancements for FY 2026
For FY 2026, we have made multiple enhancements for organizational and representative accounts for H-1B filing. These enhancements include:
The ability for paralegals to work with more than one legal representative. A paralegal will now be able to accept invitations from multiple legal representative accounts, allowing them to prepare H-1B registrations, Form I-129 H-1B petitions, and Form I-907 requests for premium processing for different attorneys, all within one paralegal account;
An easier way for legal representatives to add paralegals to company clients.
Pre-population of certain Form I-129 fields from selected H-1B registrations; and
The ability to prepare a spreadsheet of H-1B beneficiary data and upload the information to pre-populate data in H-1B registrations.
These enhancements will be live before the start of the initial registration period.
Monday, February 03, 2025
Politics Exclusive Trump officials make plans to revoke legal status of migrants welcomed under Biden
The Trump administration is preparing to revoke the legal status of many of the migrants who were allowed to come to the U.S. legally from Cuba, Haiti, Nicaragua and Venezuela under former President Joe Biden, according to internal government documents reviewed by CBS News.
The proposal by the Department of Homeland Security, spelled out in an unpublished notice, would fully terminate a Biden administration program that allowed more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans to fly to the U.S. if American sponsors agreed to help them financially.
The Biden administration argued the policy, known as CHNV, discouraged illegal immigration by people from these four Latin American countries by offering them legal means to come to the U.S., but President Trump froze the initiative hours after being inaugurated. Trump officials have specifically argued the program was a misuse of immigration parole, the legal authority which the Biden administration used to admit those under the sponsorship initiative, and to allow them to apply for work permits.
Under the new move, the Trump administration would revoke the parole status of those allowed into the U.S. under the CHNV policy and place them in deportation proceedings if they have failed to apply for, or obtain, another immigration benefit, like asylum, a green card, or Temporary Protected Status, the internal proposal shows.
It's unclear how many of the over half-million people allowed into the U.S. under this initiative have applied for other immigration programs. When the Trump administration's plan will be finalized also remains unclear.
Those whose parole classification is revoked, and who lack another immigration status, would become ineligible to work in the U.S. lawfully. They would also receive notices to appear in immigration court, the first step in the deportation process, according to the internal documents.
Earlier this month, the Trump administration empowered federal immigration agents, including those with Immigration and Customs Enforcement, to seek the deportation — including in an expedited fashion in some cases — of those permitted to enter the U.S. under various Biden administration policies, including the CHNV program.
Some of those who have arrived to the U.S. under the CHNV process have access to programs that would protect them from deportation.
Many Haitians and Venezuelans, for example, are enrolled in the TPS program, which, like parole, temporarily shields them from deportation and gives them work permits. But TPS is in the crosshairs of Trump officials, who argue the policy has also been abused.
Just this week, the Trump administration rescinded a Biden-era extension of the TPS designation for Venezuelans, paving the way for some migrants from Venezuela to lose that status sooner.
Cubans with parole status have unique access to a process to become legal permanent residents due to a Cold War-era law. All nationalities can also apply for asylum, but that requires applicants to prove they are fleeing persecution based on certain factors, like their politics or religion — a high legal threshold.
Representatives for DHS did not immediately respond to requests for comment.
Tom Jawetz, a former DHS immigration official under the Biden administration, denounced the Trump administration's plan.
"Targeting people who came to the U.S. with sponsors and continue to play by the rules isn't just gratuitously cruel, but it will make our system more chaotic," he said.
Mr. Trump, who seized on Biden's unpopular immigration policies during the presidential campaign, has staged a wide-ranging crackdown on illegal and legal immigration.
Through a presidential decree, officials have effectively closed down the American asylum system; given ICE officers a broad mandate to target most unauthorized immigrants, including non-criminals; and assigned the Pentagon to help with border enforcement, including through the use of military planes to deport migrants entering the U.S. illegally.
The Trump administration has also taken steps to restrict legal immigration, pausing arrivals of refugees, or people fleeing persecution overseas who are allowed to come to the U.S. lawfully after security and medical checks.
A key component of Mr. Trump's moves has centered on dismantling the Biden administration's immigration legacy. Beyond the CHNV program, the Trump administration has shut down other Biden-era initiatives, including a phone app that allowed migrants in Mexico to schedule a time to enter the U.S. at official border entry points to start their asylum cases.
Trump officials have also suspended processes that allowed the U.S. to welcome Ukrainians fleeing the Russian invasion of Ukraine, Afghans escaping Taliban rule and Central American children hoping to reunite with relatives in the U.S.
Like the CHNV program, these policies rely on the immigration parole authority. The Trump administration has ordered officials to review those policies and determine whether they should be permanently terminated.
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Trump administration ends temporary immigration program for hundreds of thousands of Venezuelans
The Trump administration is terminating an immigration program that currently protects hundreds of thousands of Venezuelan migrants in the U.S. from deportation, paving the way for many of them to lose their legal status this spring, according to a government notice obtained by CBS News.
Homeland Security Secretary Kristi Noem this weekend revoked one of two Temporary Protected Status designations for Venezuela, which the U.S. government had previously determined was too dangerous to allow Venezuelans to return to their homeland safely.
Created in 1990, TPS has been used by Republican and Democratic administrations to grant temporary immigration protections to migrants from nations beset by war, environmental disasters or other emergencies that make it dangerous to send deportees there. The policy shields beneficiaries from deportation and makes them eligible for work permits but it does not give them permanent legal status.
The Venezuela TPS program is by far the biggest of its kind, protecting more than 600,000 migrants from deportation, government statistics show.
The move by the Trump administration will mean that an estimated 350,000 Venezuelans covered under a 2023 TPS designation will lose their work permits and deportation protections two months after Noem's decision is officially published. Venezuelans enrolled in TPS under an earlier 2021 designation will continue to have that status through September, though those protections could also be phased out.
Those whose TPS protections lapse and lack another immigration status will lose their ability to work in the U.S. legally and become vulnerable to being detained and deported by Immigration and Customs Enforcement, which has dramatically increased arrests across the country under President Trump. On Saturday, Mr. Trump said the Venezuelan government had agreed to accept migrant deportees from the U.S., after rejecting American deportation flights for years.
The efforts to scale back TPS, first reported by The New York Times, echo a broader crackdown by Mr. Trump on illegal immigration and humanitarian programs that allowed some migrants to come or stay in the U.S. legally. Administration officials have also drafted plans to revoke the legal status of Cubans, Haitians, Nicaraguans and Venezuelans who arrived in the U.S. under a sponsorship process established by the Biden administration.
Venezuelan migrants were first granted TPS in 2021 by the Biden administration, which cited the deteriorating economic and political conditions in Venezuela under the authoritarian rule of President Nicolas Maduro.
Nearly 8 million people have left Venezuela as part of the largest exodus recorded in the Western Hemisphere, according to the United Nations. While millions of Venezuelans have settled in other South American countries like Colombia, hundreds of thousands traveled to the U.S. southern border during former President Joe Biden's administration.
While Noem acknowledged in her decision that some conditions in Venezuela cited by the Biden administration "continue," she determined it was "contrary to the national interest" to continue the TPS program. She cited challenges some communities in the U.S. have faced in absorbing migrants in recent years and the arrival of members of the Venezuelan prison gang, Tren de Aragua.
Noem also suggested policies like TPS encourage illegal immigration, saying extensions of the policy could amount to "pull factors" that attract people to the U.S. border.
Biden extended TPS protections to a record number of people, offering them to hundreds of thousands of immigrants from Afghanistan, Cameroon, Haiti, Ukraine and other countries in turmoil. It also reversed the first Trump administration's attempts to terminate TPS programs for several countries, including El Salvador.
Trump officials and many Republican lawmakers believe the TPS policy has been abused and improperly extended too often, despite the program's temporary nature. In one of his first executive orders, Mr. Trump instructed his administration to ensure TPS is "limited in scope."
Still, a handful of Republican lawmakers had urged Mr. Trump to protect Venezuelans from deportation. In a letter Friday, Florida GOP Congressman Carlos Gimenez called on the Trump administration to offer Venezuelan TPS holders a "solution," saying that most are law-abiding migrants "seeking freedom."
For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.
Tools Outage
USCIS will conduct system maintenance to the Contact Relationship Interface System (CRIS) on Wednesday, Feb. 5, 2025 at 11:50 p.m. through Thursday, Feb. 6, 2025 at 2:00 a.m. Eastern.
During this time frame, users may experience technical difficulties with one or more of the following online tools:
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