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Nashville Legal Blog

Trump declares immigrants must get health insurance

Tennessee readers might be interested to learn that President Donald Trump signed a proclamation on Oct. 4 requiring people immigrating to the U.S. to acquire health insurance. The document states that immigrants should no longer be allowed to "saddle" the U.S. healthcare system.

According to the new rule, which takes effect on Nov. 3, immigrants applying for an entry visa must either prove they have health coverage within 30 days of arriving in the U.S. or prove they have enough money to pay for "reasonably foreseeable" medical care. For now, no set income threshold has been announced, but the government might establish one in the future. Until then, it will be up to the consular officer to judge if an applicant meets the requirements. The rule will apply to all immigrants except asylum seekers, unaccompanied minors, refugees, Iraqis and Afghans applying for Special Immigration Visas and individuals issued visas before Nov. 3.

Permanent residency isn’t exactly permanent

Permanent residency is a status for people trying to move and live in the United States. Once you qualify and obtain the status of permanent resident, you will receive a green card. This allows you to live and work in the United States for the foreseeable future. This status allows you to petition for close family members to receive permanent residency as well and move to the U.S.

However, it is possible for you to lose your permanent resident status. You might have your green card taken away and face deportation if you commit certain acts.

Lawsuit alleges unfair denial of asylum

Florida residents who have been following immigration developments may have seen that a lawsuit filed on Sept.16th involves mothers and children from nearly 60 families who are suing the Trump Administration over changes in asylum laws. This suit claims that the Trump administration enacted changes to the asylum rule without warning and that, as a result, asylum seekers have been barred entry to the country unfairly. Asylum seekers were allegedly not told which standards would apply to their individual cases, which led to higher rates of rejection.

Previous lawsuits aimed to target the law itself, which states that asylum may be denied if those seeking it did not first seek safety in another country they traveled through. For example, a person who travels from Guatemala to the U.S. border must first seek safety in Mexico. The rule change has resulted in a virtual asylum ban at the border.

Judge reinstitutes nationwide asylum rule injunction

Legal experts in Tennessee and around the country have been closely following a case brought by a coalition of civil rights groups on behalf of undocumented immigrants over one of President Trump's controversial asylum rules. The rule, which requires asylum seekers to make their claims in the first safe country they enter, contradicts established U.S. immigration law, and the case is seen as an attempt to place limits on the scope of executive powers.

The administration saw an initial setback when a federal judge in California issued an injunction to prevent the rule's implementation, but the U.S. Court of Appeals for the Ninth Circuit ruled that the injunction should only apply in certain states. The judge who initially issued the injunction stepped back into the fray on Sept. 9 by restoring the nationwide ban. The White House has asked the U.S. Supreme Court to step in and resolve the issue.

What Should I Do During a Traffic Stop?

Know Your Rights during a Traffic Stop

Seeing blue lights in your rear view mirror gives most people anxiety. Police officers need reasonable suspicion to stop and detain you, but Tennessee law also gives officers huge leeway in their "community caretaking" function when interacting with citizens. It is important to know your rights during any police encounter, especially when on the road, whether at a DUI checkpoint, or during a traffic stop.

Conozca Sus Derechos Durante una Parada de Tráfico

Ver luces azules en el espejo retrovisor generalmente causa ansiedad en la mayoría de las personas. Los oficiales de policía necesitan sospechas razonables para detenerlo y detenerlo, pero la ley de Tennessee también les da a los oficiales un gran margen de maniobra en su función de "cuidado comunitario" cuando interactúan con los ciudadanos. Es importante conocer sus derechos durante cualquier encuentro policial, especialmente cuando está en la carretera, ya sea en un punto de control de DUI o durante una parada de tráfico.

What is an Order of Protection?

What is an Order of Protection?

A Petition for Order of Protection is a civil (not criminal) case in which the the alleged victim (Petitioner) is suing the alleged perpetrator (Respondent) and claiming he or she needs immediate protection due to domestic abuse, stalking, or sexual assault. There must be a family or domestic relationship between the two, with the exception of a sexual assault allegation. The Petitioner has the burden to prove the allegations occurred. At the time the Petition is filed, if good cause is shown the Petitioner can be granted a temporary order of protection, which immediately goes into effect.

Can victims of domestic violence get a U visa?

Domestic violence can affect anybody. Victims come from all walks of life, speak any language and live in any country. That includes immigrants living in the United States, who face many challenges when it comes to reporting these types of crimes.

The U.S. government, however, has a visa program specifically meant for victims of serious crimes. That includes survivors of domestic abuse.

Is birthright citizenship at risk?

Many people in Tennessee have been concerned about President Donald Trump's controversial approach to immigration. People who are immigrants themselves have become worried about their status, even if everything seems to be in place. The Trump administration is now floating a new trial balloon, although experts say it would be impossible to implement. In a press conference, Trump told reporters that his administration was examining the possibility for ending birthright citizenship. In the United States, the children of non-citizens born in the country automatically receive citizenship at birth. Despite birthright citizenship being part of the 14th Amendment to the U.S. Constitution, Trump labeled it "frankly ridiculous".

Controversial proclamations about immigration have become a defining feature of the Trump administration and have sparked racial tensions and allegations of xenophobia. Nevertheless, many of the administration's attempted rollbacks of immigration rights have been at least temporarily halted by federal courts. Immigration advocates and some states have filed suit against multiple regulatory changes launched by the administration, including attempts to redefine refugee status or block asylum seekers at the southern border. Most recently, the administration has attempted to expand the definition of "public charge" so that documented immigrants who access services like Section 8 housing, food stamps or Medicaid could later be denied green cards or visa extensions.

New policy could impact legal immigrants

Some Tennessee residents who came from another country may find it harder to get a green card or visa. A new Trump administration rule would make it possible to reject applications from those who have used public assistance. It might also result in visa or permanent resident requests being denied if applicants don't have sufficient levels of income or education. These individuals could be seen as more likely to need public assistance in the future.

The acting director of the U.S. Citizenship and Immigration Services said that the country expects immigrants to be able to be self-sufficient regardless of their income. The Department of Homeland Security says that the new rule could have an impact on 382,000 people who want to seek a visa or a green card. However, others say that it would likely impact millions of individuals.

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