Immigration Law Update: Executive Orders & Legal Status
As part of our ongoing policy, we send these newsletters to keep our clients informed about the latest developments in immigration law. This particular newsletter addresses the numerous inquiries we’ve received following President Trump’s signing of several Executive Orders.
Key Takeaways
- No major changes have occurred in immigration law for most individuals applying for status. Those who have already begun the immigration process may continue under current laws.
- The Executive Orders are specific to certain individuals and, in practice, will only affect a limited group. Legal challenges have already been filed to halt their implementation, and the courts will determine their constitutionality.
- Implementation of these orders will depend on how the Department of Homeland Security (DHS) aligns them with existing laws.
Latest DHS Statement: Executive Order on Protecting the Nation
On Friday, President Trump signed an Executive Order providing further guidance to DHS to enforce immigration laws and suspend the entry of certain foreign nationals to ensure our immigration system best protects the safety of the American people.
As the order was being implemented, several federal court rulings were issued in response to lawsuits challenging the Executive Order. U.S. Customs and Border Protection (CBP) immediately took steps to comply with these rulings, doing so professionally.
DHS continues to work closely with the Departments of Justice and State to implement the Executive Order aimed at preventing the entry of terrorists into the U.S.
Commitment to Legal Rights and National Security
DHS remains committed to ensuring that all individuals affected by the Executive Orders and court rulings are granted all legal rights. DHS is also coordinating with airline partners to prevent passengers who would be denied entry under the Executive Order from boarding international flights to the U.S.
Legal Permanent Residents
In enforcing the President’s order, the entry of lawful permanent residents (LPRs) is considered to be in the national interest. Unless there is specific, credible information indicating a serious threat to public safety or national welfare, an individual’s status as an LPR will weigh heavily in their favor.
Ongoing Implementation
DHS will continue to implement President Trump’s Executive Order in a humane and professional manner, while fully complying with judicial rulings. Our priority remains the protection of the homeland.
Conclusion
The United States remains a country governed by law. If you or a family member feels that an immigration officer is abusing the authority granted by these Executive Orders, we are available for consultation.
Important: Our clients who are lawful permanent residents should be aware that if pressured by an officer to sign Form I-407 (Record of Abandonment of Lawful Permanent Resident Status), they should not sign it without first consulting legal counsel.
