Instawork Workshop: Immigrants and the Trump Administration
Today, thousands of restaurants across the nation shut down to participate in the “a day without immigrants” campaign. Immigration regulation has also been top of mind for the folks here at Instawork. We recently hosted an immigration legal workshop at Mission Hiring Hall in San Francisco where immigration attorney, Veronica B. Guinto, spoke about how current events affect the lives of Latino immigrants and their families. Here are some of the key takeaways from that event:
Executive Orders
Since the inauguration of President Donald Trump, three executive orders have been made affecting the immigrant community. The first executive order titled “Enhancing Public Safety in the Interior of the United States,” directs all executive departments and agencies to enforce U.S. immigration laws against all “removable” (undocumented/unauthorized) aliens. Enforcement is prioritized for removable individuals who have a criminal background, who have committed fraud, who pose a national security threat, who are subject to a removal order or have abused public benefits. This order also calls upon local police to enforce immigration laws, reinstates “secure communities” and denounces sanctuary cities.
The second executive order, “Border Security and Immigration Enforcement Improvements,” calls for the construction of a US/Mexico wall, states that illegal immigrants caught at the border must be immediately sent back to their home country, calls for more border control agents and the construction of detention facilities at the border. In order for a wall to be constructed, Congress would still have to release funds for the project.
The third executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” suspended the issuance of visas for 90 days for citizens of Iran, Iraq, Syria, Sudan, Libya, Somalia and Yemen. It also suspended the refugee program for 120 days, reduced the number of refugees the U.S. admits from 110,000 to 50,000 a year and banned Syrian refugees indefinitely. A Washington District Court issued a temporary restraining order which the Ninth Circuit upheld that prevents the enforcement of the 90 day visa suspension, the suspension of the refugee program and the ban on Syrian refugees.
With so much going on surrounding immigration regulation, it’s important to remember that while the President can make and revoke policies very quickly, the power of executive orders is not unlimited. Executive orders can be challenged in court, the President cannot simply revoke birth citizenship or constitutional due process and cannot take away immigration options established by Congress (U visas, asylum, family visas).
Know Your Rights
During the second half of Instawork’s immigration workshop, Guinto led an exercise to demonstrate how to respond if you are an immigrant approached by an Immigration and Customs Enforcement (ICE) officer. Guinto informed attendees that they are not required to speak to ICE agents, show them immigration documentation, or allow them to enter your home without a judicial warrant. She also suggested carrying a “red card” listing these rights to hand to an ICE agent if you are ever approached. Red cards can be ordered for free at redcards@ilrc.org.
Learn more about the Law Office of Veronica B. Guinto at guintolaw.com or by emailing veronica@guintolaw.com
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