17 Jul Trump Immigration Programs to get Funding
Trump Immigration Programs to get Funding
By Atty. Crispin Caday Lozano
The House Appropriations Committee released the funding bill for Trump Immigration Programs. Among other things, the House Appropriations bill would:
- Increase CBP funding by $1.6 billion to fund the border wall which border state
- Fund the hiring of 500 new Border Patrol agents
- Increase ICE funding by more than $600 million, which includes money to hire 1,000 new ICE officers.
- Increase ICE detention bed capacity to an all-time high of 44,000
As discussed in my previous article, Trump issued executive orders about his immigration programs. This memo stated that all prior memoranda and guidance on immigration enforcement are rescinded except 2012 DACA memorandum and 2014 DAPA memorandum. The memo has the following programs:
A. The Department’s Enforcement Priorities
DHS will no longer exempt classes or categories of removable aliens from potential enforcement.
ICE is directed to hire 10,000 new officers.
ICE should prioritize for removal those removable for committing crimes, those posing security risks and those seeking to fraudulently obtain a visa or enter the US or falsely claiming US citizenship. Additionally, ICE personnel should prioritize removable aliens who:
- Have been convicted of any criminal offense;
- Have been charged with any criminal offense that has not been resolved;
- Have committed acts which constitute a criminal offense;
- Have engaged in fraud or willful misrepresentation in connection with any matter before a government agency;
- Have abused any program related to receipt of public benefits;
- Are subject to a final order of removal but have not yet departed the US; or
- In the judgment of immigration officer, poses a risk to public safety or national security
B. Strengthening Programs to Facilitate the Efficient and Faithful Execution of the Immigration Laws of the United States
The Priority Enforcement Program is terminated and Secure Communities is restored.
In cooperation with EOIR, removal proceedings shall be initiated against aliens in jails in the US.
C. Exercise of Prosecutorial Discretion
ICE should initiate enforcement actions against removable aliens encountered during the performance of their official duties. This includes arresting or apprehending an immigrant who an ICE officer has probably caused to believe is violating immigration laws. It also includes initiating removal proceedings against anyone subject to removal under any provision of immigration law. This is subject to the priorities noted in Section A above.
Exercising prosecutorial discretion is to be made on a case-by-case basis. Prosecutorial discretion shall not be exercised in a manner that exempts or excludes a specified class or category of aliens from enforcement of immigration laws.
D. Hiring Additional ICE Officers and Agents
ICE shall hire 10,000 agents and officers.
II. Policies Regarding the Apprehension and Detention of Aliens Described in Section 235 of the INA regarding inspection by immigration officers.
The new policy is to detain all arriving aliens pending a review of their inadmissibility and eligibility for immigration benefits. Exceptions may be made and individuals paroled in to the on a case by case basis for humanitarian reasons or significant public benefit. Any policies that result in “catch-and-release” must end.
Detention is mandatory in all but the following circumstances:
- Removing the alien from the US pursuant to a statute or regulation;
- When the alien obtains an order granting relief or protection from removal or DHS determines that the individual is a US citizen, national, lawful permanent resident, or has a valid immigration status in the US.
- ICE or CBP consent to the alien’s withdrawal of an application for admission and the alien departs the US;
- When required to do so by statute or to comply with a court order;
- When ICE or CBP consent to the alien’s parole into the US except in cases of exigent circumstances such as a medical emergency where seeking prior approval is impracticable; or
- When an arriving alien has established a “credible fear” of persecution or torture by an asylum officer or an immigration judge, providing the alien shows an ICE officer his or her identity that he or she presents neither a security risk nor a risk of absconding and provided he or she agrees to comply with any additional conditions of release.
Note: This is not a legal advice and you should seek the advice of an immigration attorney for your personal circumstances.
- On June 28, 2017, we received a withdrawal of inadmissibility and removability charges from the Customs and Border Enforcement for a client who was charged with drug case while he was entering San Francisco Airport from the Philippines. The case was withdrawn after we have expunged the drug case in Criminal Court.
- In June 2017, we received three approvals of naturalization applications.
- In June 2017, we received two approvals of adjustment of status based on marriage
- On May 25, 2017, we received an approval of Form I-140 for a caregiver from the Philippines.
- On April 28, 2017, we received an approval of N-400 for a client who was under Removal Proceedings before.
- On April 21, 2017, we received an approval of I-601A Provisional Waiver for a client who was denied I-601A before from a previous lawyer.
- On March 22, 2017, we received an Immigrant Visa approval for a child of Permanent Resident who is already 25 years of age but classified as minor under CSPA.
- On March 8, 2017, we received an approval of Provisional Waiver from USCIS for a seaman client.
- On March 2, 2017 we received an approval of Dismissal of Criminal Case for a client who is in Removal Proceedings.
- On February 23, 2017, we received an approval of Naturalization of a client whose spouse had a prior misrepresentation.
- On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic children.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org/ 1-877-456-9266)