Department of Homeland Security (DHS)
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Humane Treatment of Migrant Children and Families
Between October 1, 2017 and May 31, 2018, at least 2,700 children have been split from their parents. 1,995 of them were separated over the last six weeks of that window — April 18 to May 31 — indicating that at present, an average of 45 children are being taken from their parents each day. The Due Process Clause of the Fifth Amendment does not permit the government to forcibly take a child from her mother, without justification or even a hearing.
Refugee Justice: Solutions for U.S. Asylum Policy
From February to September 2017, ICE’s El Paso, Philadelphia, and Newark Field Offices denied 100% of parole applications, while the Los Angeles and Detroit Offices denied 92% and 98%. Just a few years ago, ICE granted parole to more than 90% of asylum-seekers. Ansly Damus is a former ethics teacher who fled political persecution in Haiti to come to the U.S. in October 2016. An asylum officer determined that he had a credible fear of persecution, and he was granted asylum twice, but the government has appealed both those rulings. He has been detained in the Detroit field office for more than a year and a half after ICE denied his parole requests. ICE’s parole denials based on the nation-wide, de facto immigration deterrence policy violates First and Fifth Amendment rights under the United States Constitution and is arbitrary and capricious in violation of the Administrative Procedure Act. DHS purports to resume the Refugee Admissions Program when in fact it indefinitely bans many refugees in contravention
Jones Act: A Burden America Can No Longer Bear
For nearly 100 years, a federal law known as the Jones Act has restricted water transportation of cargo between U.S. ports to ships that are U.S.-owned, crewed, registered, and built. While the law’s most direct consequence is to raise transportation costs, which are passed down through supply chains and ultimately reflected in higher retail prices, it generates enormous collateral damage through excessive wear and tear on the country’s infrastructure, time wasted in traffic congestion, and the accumulated health and environmental toll caused by unnecessary carbon emissions and hazardous material spills from trucks and trains. Puerto Rico’s humanitarian crisis after Hurricane Maria renewed debate over the Jones Act, where critics claimed restrictions were delaying relief supplies. President Trump granted a temporary waiver of the law, which expired after 10 days. The goal of ensuring that domestic shipyards are capable of churning out new vessels in times of war to replace losses or add to the country’s firepower is also anachronistic.
The Uncertain Impact of Trump's (3rd) Travel Ban
The U.S. Supreme Court's ruling to uphold President Donald Trump’s travel ban raises more questions than it answers for business immigration practitioners who have unsuccessfully pursued waivers for affected clients and are trying to offer them sound advice in the absence of any agency guidance. U.S. Department of State data indicate that waivers have been granted to only 2% of visa applicants over the course of almost 5 months. Immigration attorneys are awaiting further guidance from immigration agencies as to how they can successfully obtain waivers for clients who are stranded abroad or who are still in the U.S., but have had to give up travel. Until they receive that direction, they are counseling clients to be cautious about travel, even if they hold a green card, and taking things one case at a time.