Immigration

JUST THE FACTS, MA'AM

Lately every week seems to raise at least one hot-button issue involving immigration law and policy in the US.  These last weeks were no exception as the country and social media have been in an uproar regarding family separations at the country’s southern border.  At Toikka Law Group, we want to provide you with a short review of the law and history with regard to detention and family separation and explain what effect the President’s Executive Order signed on June 21, 2018 has on the current situation.

OFF THE CHAIN…OF IMMIGRATION

Many across the country have been giving a lot of attention in recent weeks to “chain migration”, meaning family-based immigration, or “family reunification”, a staple of United States immigration policy since the 1965 Immigration and Nationality Act (“INA”).  But, is the term “chain migration”[1] merely a pejorative used by critics, or does the term have factual basis?

Is TPS Really Temporary?

Among many other hot-button issues in immigration right now, the termination of Temporary Protected Status (TPS) for nationals of certain countries has many people concerned.  Between 2018 and 2019, nationals present in the US from El Salvador, Haiti, Nicaragua, and Sudan (not South Sudan) with TPS will no longer be able to renew their status.

PROVIDING SANCTUARY OR OBSTRUCTING JUSTICE?

Many people are in an uproar regarding the jury verdict in the case trying Jose Garcia Zarate, a 5-times deported illegal entrant and convicted felon, who fatally shot Kate Steinle in 2015.  The entire matter raises too many issues to analyze in one article, so we will focus on legal implications of certain “sanctuary” policies of the hundreds of US city, county, and state jurisdictions and the authority of federal “ICE detainers”.

Will 2019 Spell the End of Diversity Visas?

The US Diversity Visa Lottery (“DV Lottery”) program[1] is getting a lot of airtime in the last couple weeks after Uzbek national Sayfullo Saipov drove on a bike path in lower Manhattan on October 31, killing eight people and injuring several more.  Many may never have heard of the program before now, but as evidence about Saipov was revealed, we all learned that he was resident in the US since 2010, having received an immigrant visa through the DV Lottery program.  In this article, we will give a brief outline of the history of the program, how it works, and then address factors that may determine whether it is an immigration program whose clock has run out.