Three court rulings have halted the implementation of several immigration policies of President Donald Trump's administration.
The decisions, issued recently by federal judges, impose a temporary or permanent block while litigation continues in the courts.
In the first decision, the U.S. District Judge Ketanji Brown Jackson temporarily blocked the policy of the Department of Homeland Security (DHS) announced in July 2019 which would expand the enforcement of expedited deportations to include immigrants who are unlawfully present anywhere in the United States and who have been in the country for less than two years.
In the second decision, the U.S. District Judge Andre Birotte Jr. issued a permanent injunction which prohibits Immigration and Customs Enforcement (ICE) from relying solely on databases to issue detainers to individuals arrested by state or local authorities in the United States. According to the judge's ruling, ICE also may not issue detainers where there is no explicit statute authorizing civil immigration arrests against detainees.
Finally, the Federal Judge Dolly M. Gee permanently enjoined DHS to implement the policy of not releasing nuclear families with children detained within the United States to await their immigration trials under the final rule Flowers. According to DHS, the federal government seeks to put an end to the practice of "capture and release" (catch and releaseThe company's)
Meaning of decisions
For the time being, the federal government will not be able to implement these immigration policies. However, litigation will continue and the federal government is expected to appeal the decisions.
All undocumented immigrants in the United States remain at risk of being detained by immigration authorities and placed in deportation proceedings.
Every undocumented immigrant should be evaluated by an experienced and licensed U.S. immigration attorney to determine his or her legal options.
Anyone considering immigrating illegally to the United States should not attempt to do so without first consulting with an immigration attorney. Not everyone is eligible for asylum or other immigration benefits.
Before embarking on the trip they should be evaluated to find out if they have legal avenues to enter the country to avoid hurting their cases by entering illegally. I have seen cases of people who rushed to immigrate to the U.S. and did so illegally when they had a legal avenue to do so, and because of this, they hurt their case.
If they do not have a legal option, they should understand what the consequences are if they are caught.