ByPhillip Kim

Trump’s New Executive Action will Exempt Green Card holders and Visa holders.

President Trump’s new executive order on immigration will not include a blanket ban on citizens from Iraq, among a host of other revisions meant to allay legal and diplomatic concerns, people familiar with the matter said.

The White House late Tuesday scrapped plans for Trump to sign a revised travel ban Wednesday afternoon, a person familiar with the matter said, marking the third time the administration has put off the matter since the president said that dangerous people might enter the country without a prohibition in place.

But when it is signed, people familiar with the matter said, the order is still expected to include a host of significant changes. The order will also exempt current visa holders and legal permanent residents, and it will not impose a blanket ban on those from Iraq, where U.S. forces are working with the Iraqis to battle the Islamic State. It will not include an exception for religious minorities, which critics had pointed to as evidence it was meant to discriminate against Muslims. And it will not go into effect immediately when it is signed, people familiar with the matter said.

The decision to delay signing the order came as people on Twitter and elsewhere heaped praise on Trump for his speech Tuesday night to a joint session of Congress. A CNN poll, for example, showed that 7 in 10 people who watched said the address made them feel more optimistic about the direction of the country, and about two-thirds said the president has the right priorities for the nation. The pool of those who watched the speech was about eight points more Republican than the total population.

It was not immediately clear why the White House canceled plans to ink the new executive order, although a White House official did not deny that optics were part of the calculus. “We want the [executive order] to have its own ‘moment,’” an official told the network. A White House spokesman did not immediately return messages seeking comment.

Trump’s original executive order, now frozen by the courts, had barred citizens of seven Muslim-majority countries and all refugees from entering the United States. When it was implemented, the State Department provisionally revoked tens of thousands of visas, and some people who were in transit when it took effect were detained or deported once they reached U.S. airports.

A senior official said on Feb. 22 that the order would be delayed another week, as officials worked to make sure it would be implemented smoothly. The president was slated to sign the order Wednesday, but now, it seems, it will have to wait again. How long is unclear.
(Washington Post)

ByPhillip Kim

Immigration Judges Approved 57% of Deportation Cases

During the first ten months of FY 2016, immigration judges have determined that 96,223 noncitizens against whom Homeland Security sought removal orders were entitled to remain in this country. By the end of this fiscal year this pace is on track to surpass the record set last year of 106,676 noncitizens that the court found could remain in the U.S. These outcomes account for 56.8 percent of all cases that judges have decided so far this year.

One in four individuals (25%) allowed to stay was from Mexico. Over four out of ten (44%) were from the three Central American countries — El Salvador, Guatemala, and Honduras — where in recent years large numbers of unaccompanied children and women with children have come to this country seeking asylum. These figures are based upon case-by-case court records updated through the end of July 2016 obtained and analyzed by the Transactional Records Access Clearinghouse at Syracuse University.

There are a number of reasons why an individual may be allowed to remain in the country. For example, the judge can find that the government did not meet its burden to show the individual was deportable. Or, the judge may have found that the individual was entitled to asylum in this country, or may grant relief from removal under other provisions of the law. A person also may be allowed to remain because the government requests that the case be administratively closed through the exercise of ICE’s prosecutorial discretion, or for some other reason.

Outcomes, for example, vary markedly by Immigration Court. The Phoenix Immigration Court had the highest proportion of individuals who were allowed to stay. In more than four out of every five (82.2%) of its 3,554 cases closed so far in FY 2016 the individuals were successful in their quest to remain in the U.S.

The New York Immigration Court was in second place with 81.5 percent of the individuals in its 16,152 cases closed so far this year allowed to remain in the U.S. The Denver Immigration Court came in third with 78.0 percent of the 831 individuals in its cases successful in their quest to stay in this country.

At the other extreme were the Oakdale, Louisiana, Lumpkin (Stewart), Georgia, and Napanoch (Ulster), New York Immigration Courts where only between 11.3 percent and 17.5 percent of the individuals were allowed to remain in the U.S. Each of these courts handle cases for individuals who are held in detention.


Table 1. Outcome in Immigration Court Cases, FY 2016 (October 2015 – July 2016)
Immigration Court Closed Cases Percent Allowed Stay Rank
All Courts 169,258 56.8
Phoenix 3,554 82.2 1
New York 16,152 81.5 2
Denver 831 78.0 3
San Antonio 3,704 76.8 4
Miami 7,513 75.8 5
Newark 3,358 75.1 6
Philadelphia 2,325 74.1 7
Boston 4,142 73.9 8
Guaynabo 186 71.5 9
Los Angeles 17,981 70.4 10
San Francisco 9,447 70.3 11
Honolulu 353 68.8 12
Cleveland 2,202 64.9 13
Detroit 1,915 64.8 14
Portland 1,037 64.0 15
New Orleans 3,067 63.1 16
Baltimore 4,247 61.8 17
Seattle 2,440 61.7 18
Arlington 7,082 61.0 19
Las Vegas 2,738 60.4 20
Bloomington 1,563 59.3 21
San Diego 2,415 58.1 22
Memphis 5,189 57.5 23
Orlando 3,204 56.3 24
Hartford 1,166 55.3 25
Omaha 1,403 54.5 26
Saipan 13 53.8 27
Pearsall 1,594 53.5 28
Kansas City 1,760 52.8 29
Hagatna 21 52.4 30
Buffalo 1,299 52.0 31
Los Fresnos 1,505 46.1 32
Chicago 3,456 45.4 33
El Paso 3,183 45.3 34
Imperial 393 43.3 35
Atlanta 7,278 41.0 36
Tucson 734 41.0 36
Aurora 786 40.2 38
Harlingen 1,929 38.5 39
Elizabeth 1,156 38.0 40
West Valley 821 37.3 41
Houston – Detained 3,657 36.3 42
Tacoma 1,572 34.9 43
York 1,336 31.8 44
Miami – Krome 2,177 31.8 44
New York – Detain 632 29.4 46
Florence 1,004 28.9 47
Adelanto 1,789 26.2 48
Charlotte 4,153 25.9 49
Dallas 6,826 23.8 50
Houston 4,807 21.0 51
Eloy 1,466 19.4 52
Oakdale 2,240 17.5 53
Lumpkin 2,191 13.1 54
Napanoch 266 11.3 55
Report date: August 17, 2016
ByPhillip Kim

Evangelicals Support Immigration Reform


As representatives are on their August recess, Evangelical advocates for immigration reform are making their voices heard. To read more about immigration reform, read Erin Kelly’s article below:

Evangelical group to back immigration reform

A coalition of evangelical Christians will spend more than $400,000 on radio ads urging members of Congress to support immigration reform that includes a path to citizenship for most of the 11 million undocumented immigrants living in the United States.

The ads, which will run mainly on Christian radio stations this month, are aimed at spurring evangelicals to lobby their lawmakers to support reform. The ad buy is the largest to date by the Evangelical Immigration Table, which has spent nearly $1 million since its founding 14 months ago

Click here to continue reading the article.

ByPhillip Kim

Work Permit for Dreamers and Deferred Action Dream Act

Work Permit for Dreamers and Deferred Action Dream Act

Ask DREAM ACT Attorney – Call (559) 448-8500

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.

According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.

For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379