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Immigration Archives

Immigration attorneys report concern over green card changes

Some immigrants who are living in Tennessee may be reluctant to seek out government programs they are entitled to in the wake of a Trump administration announcement that green cards will be limited based on what benefits immigrants received. Attorneys report that they are counseling worried immigrants who are considering not applying for or pulling out of programs they are entitled to, and in some cases, those actions put the health and well-being of them and their families at risk.

Judge approves asylum plan for separated immigrant families

Tennessee residents may be aware that President Trump's zero-tolerance immigration policy has been challenged in court by attorneys representing immigrant families separated at the Mexican border and advocacy groups. In July, a federal judge in California ordered the administration to reunite the separated families and asked the attorneys involved to develop a plan to deal with their asylum claims.

Trump administration seeks to detain families longer

Immigrant families in Tennessee may be concerned about reports that the Trump administration plans to avoid a longstanding agreement in federal courts that oversees the treatment of children in immigration detention. The administration said in September 2018 that it plans to detain families for longer periods of time in an attempt to deter undocumented migrants from crossing the southern border. New proposed regulations from the Department of Homeland Security eliminate the existing Flores agreement, which mandates that children should be held in the least restrictive setting.

Legal permanent residents targeted for deportation

Legal immigrants in Tennessee with green cards may be concerned about reports of the Trump administration's immigration crackdown. While many people think that only undocumented immigrants are being arrested and slated for deportation, even legal immigrants and green card holders are being targeted for potential deportation on the basis of old criminal convictions. Further actions from the administration could threaten permanent residents who have used transit subsidies, Medicaid and other forms of social assistance.

Do Non-Citizens have Constitutional Rights?

There is a misconception that the U.S. Constitution applies only to U.S. citizens. Some passages and phrases in our laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. When the terms "resident" or "person" is used instead of citizen, the rights and privileges afforded are extended to protect citizens and non-citizens alike. Moreover, protections under the 14th Amendment ensure that no particular group is discriminated against unlawfully.

ACLU accuses immigration agencies of setting traps

Immigration has become a hot button issue in Tennessee and the rest of the country. Now the American Civil Liberties Union is claiming that federal immigration agencies are coordinating efforts with Immigration and Customs Enforcement officials to facilitate deportations of individuals seeking citizenship through marriage. According to documents related to a class-action lawsuit being filed by the ACLU, officials are setting "traps" that violate the constitutional rights of immigrants attempting to become legal citizens.

ICE No Longer Prioritizes Who They Try to Deport

Immigration and Customs Enforcement ("ICE") no longer prioritizes who they go after when seeking the removal of a non-citizen from the United States. Previously, there had been levels of priority, establishing a system that tried to ensure the limited and valuable government resources available were used to target criminals and terrorists first, before going after long-time undocumented immigrants with family ties and no criminal history. That is no longer the case.

ICE Agents Cannot Execute Search Warrants at Your Home

Under federal law, certain Immigration and Customs Enforcement Officers cannot execute search warrants. They also cannot enter your residence to serve an arrest warrant. So what do you do if ICE is outside your door? To understand your options, you need to know a little history about the agency.

Due Process for Undocumented Immigrants

Due process allows an individual in the federal sphere to exercise his or her legal rights afforded by the U.S. Constitution and laws enacted by Congress. In immigration court, it allows one to contest the proposed deportation by appearing before a judge.

Supreme Court strikes down unconstitutionally vague immigration law

An unconstitutionally vague immigration law has been struck down by the U.S. Supreme Court.  The case of Sessions v. Dimaya centered on a burglary conviction that that an Immigration Judge determined was an "aggravated felony." If convicted of an aggravated felony, Dimaya would be subject to mandatory detention and  automatic removal from the United States. 

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