The prosecution rule that Donald Trump enacted last year that affects immigration procedures, including legal permanent residence (green card or green card), remains unchanged, experts consulted by Univision Noticias warn.
“Everything is still in place, nothing has changed,” said José Guerrero, an immigration attorney who works in Miami, Florida. “The president (Biden) announced a committee that will review the rule, but for now, immigrants must consider the restrictions when applying for benefits,” he said.
The new prosecution rule went into effect on February 24, 2020, but in late July, a federal judge in New York held it on the ground that the policy “ discourages immigrants from being tested for COVID-19, a situation that could threaten with attempts to curb the spread of the coronavirus ”.
The government appealed the ruling, and on September 11 the 2nd Circuit Court of Appeals issued “a decision allowing the Department of Homeland Security (DHS) to resume implementation.
On Tuesday, Biden signed three executive orders for immigration to reverse some of the policies Trump has imposed over the past four years. One of them directs a group to review the rule and submit a report within 60 days.
The review
On Tuesday, Biden signed three executive orders for immigration:
- One to restore the legal system changed by Trump;
- Another to address the causes of undocumented migration to the United States and restore the asylum procedure; Y
- A third to set up a task force to reunite families affected by the questioned policy of forced divorce that the Trump administration has implemented at the border, first in secret for over a year.
In the first decree, he ordered an “immediate review” of the Office of Citizenship and Immigration Services (USCIS) “actions on the inadmissibility of a public charge”.
The review will be in charge of the Secretaries of State and National Security, the Attorney General and the heads of other relevant agencies, as appropriate, who will “review all actions related to the execution of the prosecution for non- receptivity, ”he said.
Homework
According to the decision, the working group must:
The order establishes a period of 60 days for both the Secretary of State, the Secretary of National Security and the Attorney General to deliver their respective reports detailing the actions and steps their agencies are planning or have taken in this connection.
Patience and caution
“We don’t know what the impact will be on the review process and the recommendations that the committee members will make to the president over the 60-day period,” said Guerrero. “There will be changes, we can be sure, but you have to be patient and be careful,” he added.
When asked what a covid-19 infected immigrant should do and seek the state’s help to heal, Guerrero said that “the Immigration Department initially said they will not consider it a ground for inadmissibility because it is an emergency. . I don’t think I’m going to take it into account ”.
Guerrero also said that “while the recommendations will be made within 60 days, those people who plan to apply for immigration benefits and have little time to avoid losing their status should submit their application so that the clock doesn’t start. tapping. which measures undocumented residence ”in the United States.
“When in doubt, it is best to speak to your lawyer to review your file and give you the best legal advice. But don’t take any chances if he doesn’t have status for the next two months, ”he said.
You must obey the law
According to Jaime Barrón, an immigration attorney working in Dallas, Texas, “until there is an official change to the prosecution rule, all people who are in the process of residence or other immigration benefit must obey the law as it is written. ”.
“It is recommended that you continue your trial for the time being,” he added. He also said that “the changes (President) Biden can create in the prosecution rule are likely to benefit immigrants, the government has given enough signals that it will not be as aggressive as Trump.”
Regarding the need for some immigrants to fight the pandemic and ask for government support, Barrón said “life comes first and then the papers.”
The latest public prosecution rule amended DHS regulations and describes how this federal agency will determine whether a person who applies for admission to the United States or for an adjustment in status (green card) is “inadmissible” either because, or it is likely that it will become “a public charge” at any time.
But not all foreigners will be affected, the Office of Citizenship and Immigration Services (USCIS) Ombudsman warns. “The last rule exempts certain people, such as” You “and” T “visa holders, asylum seekers, refugees and other categories.”
