I
It was un-
derstood
with
the
surprise
election
of
Donald Trump that
enforcement
action
against immigrants would
increase, striking fear within
our large undocumented population,
the vast majority of whom have lived
and worked peacefully in the United
States for decades. After all, President
Trump commenced his campaign by
calling for a wall along the Mexican
border and asserting that Mexican
emigrants were rapists and murderers.
What was not expected has been the
new administration’s all-out assault on
legal immigration and that the presi-
dent would favor strong anti-immi-
gration hawks for key policy posts.
And while passing restrictive immi-
gration policy is unlikely, Trump has
not hesitated to wield his executive
and regulatory authority to throw up
obstacles to legal immigration.
Under Trump’s “Buy American, Hire
American” executive order, all mer-
it-based employment immigration
is viewed as harmful to U.S. work-
ers. Federal agencies are now to is-
sue new rules to step up audits of
employers’ visa petitions for possible
violations. The administration also
rescinded the long-standing policy
giving deference to priorly approved
Famously, Trump also called for
“extreme vetting,” implying that
visas were being issued without
sufficient checks. In fact, all visa
applicants were already subject
to multiple levels of vetting
through every local, state,
national and foreign database.
If in doubt, con sular officers
almost always erred on the side
of denying visas.
Politicians and opinion makers regu-
larly condemn illegal immigration
often are quick to add that prospec-
tive immigrants should “get in line”
and come in via proper channels.
Unfortunately, the few such remain-
ing options are now under attack by petitions. Thus, an applicant who
many of the same people who say already qualified for a work visa is
they favor legal immigration.
now regularly found to be unquali-
fied when the employer files for an
Trump started his term by banning extension based on facts identical to
entry into the United States for citi- the original approved petition.
zens of six predominantly Islamic
countries, resulting in a raft of litiga- The Obama administration’s Inter-
tion in different federal district and national Entrepreneur Rule designed
appellate courts. The ban now broad- to provide needed legal options for
ly applies to nationals from Chad, entrepreneurs to enter this country
Iran, Libya, North Korea, Syria, Ven- for up to 30 months to start new busi-
ezuela, Yemen and Somalia.
nesses was blocked by the administra-
tion until enjoined by a U.S. district
court. The Trump administration —
again viewing all employment-based
immigration as a zero-sum game —
announced it would have the Justice
Department use anti-discrimination
provisions of the Immigration and
Nationality Act to investigate em-
ployers legally hiring foreign nation-
als on the grounds that they may be
discriminating against U.S. workers.
The administration also supports the
proposed RAISE Act, which would
slash legal immigration by half, pri-
marily family reunification-based
immigration, in favor of immigra-
tion for needed foreign workers —
so-called merit-based immigration.
In practice the administration has
taken extraordinary steps to make
immigrating based on job skills more
complex, lengthy and unpredictable.
Also, foreign nationals entering the
United States as tourists or for busi-
ness who subsequently file for a work
or student visa now can be cited for
fraud, making them ineligible for fu-
ture visas.
Individuals who have been lawfully
employed for years through DACA
status (Deferred Action for Child-
hood Arrivals) or via Temporary
Protected Status have had their status
terminated without alternative legal
options. Trump promised to support
a legal path for DACA beneficiaries
but now insists any such legislation
include a wish list of restriction-
ist measures, including border wall
funding .
Famously, Trump also called for “ex-
treme vetting,” implying that visas
were being issued without sufficient
checks. In fact, all visa applicants
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