How Trump Era Immigration Enforcement Violates the Law

Geoffrey A. Hoffman for the Yale Journal of Regulation’s Notice & Comment looks at a series of efforts by the Trump administration to enforce the immigration laws that run afoul of the law.  Hoffman looks at the changes to three

“broad areas of immigration law and the changes happening in each. These are symptomatic of the types of changes attempted to be put into place. The first involves the most important changes in humanitarian cases (for example, asylum, credible fear, and related issues). The second relates to the adjudication and treatment surrounding employment-based cases (for example, H1Bs, L1s and other various types of categories being made more difficult if not impossible, thus affecting the possibility for legal immigration). Third, I discuss the prime example affecting all family-based cases: the expansion of the public charge ground of inadmissibility.”

The federal courts have played a big role in checking the legal excesses of the Trump administration:

“Those who have thus far gone to court in efforts to challenge the expansive policies of the administration discussed above have, in large part, been successful. Whether it is in the context of restricting eligibility for asylum, challenging family separation policy, or DACA rescission, the efficacy of the federal court in the Trump Era cannot be understated or undervalued.”

KJ