A lot of people, citizens and immigrants alike, are worried about the events taking place in the last few weeks with respect at new immigration directives from the government as well as new enforcement. This is a very fluid stage and you can expect more changes. But as of today this is a quick update on where we stand and what you should be looking for.
Travel Ban
Original travel ban faced a lot of court issues. It is expected that his new bans will be better structured and will survive any legal fights.
The President is entitled to issue Executive Orders (EO). Governors and other citizens are entitled to oppose them and sue if they think they are affected. This happened in previous EOs such as DACA/DAPA, and more.
A person has no rights to enter the United States. Citizens are first in priority, it is believed a citizen will eventually be allowed in. Green card holders can get refused, but they can fight in court and have a good chance of success. Visa holders can be denied entry with little to no recourse. Consult with an attorney if you have concerns and if you plan to travel outside the country.
What Are Your Rights if Border Agents Want to Search Your Phone?
Coming back into the USA you can be asked to agree for a search. Checking your phone is not different from searching your luggage. You can refuse, but depending on your immigration status you can be denied entry.
Expect to be questioned based on your name, accent, country of origin, passport, or countries you may have visited in the past. You can be subject to secondary inspection, held for hours, questioned on many topics, your luggage and person searched.
Some of the Executive Orders made mention to loyalty and love for the USA. If you have content with you where you are expressing negative or violent views against the USA, you can be denied entry, be subject to further questioning and even get detained.
Raids
Most raids focus on undocumented immigrants. However Immigration agents have detained others that are in the same place, or vicinity of the raid. They have detained and deported visa holders, green card holders and even citizens. You can stay silent and ask for an attorney. If the authorities suspect you are illegally in the country they may want to have you agree to expedited removal, or fast deportation.
Bill introduced in US senate to cut legal immigration by half
This is purely speculative. It will take a long time before it can become law. BUT in reality many republicans and other conservatives have been against family reunification, and against birth right citizenship, especially for children born to undocumented immigrants.
Expect any future immigration bill to attempt to reduce family immigration. Right now for citizens of China, India, Mexico and Philippines the wait can be 10 to 20 years for some family members.
H-1B reform bill introduced in US House of Representatives
Initial attempt may be increasing the H1B minimum wage. This is more than double of the current H-1B minimum wage of USD $60,000 which was established in 1989 and since then has remained unchanged.
It is expected for Silicon Valley companies to push back on this. May be able to settle for a higher minimum wage but less than what is being proposed. Based on the President’s policies of America First, and Americans First, it is not very likely that the visa numbers will be increased in the short term. If your employer can, they should try to file for a green card as soon as possible. They can also try for an alternative visa, such as L1, TN or others. Canada and Mexico have easier immigration procedures for professionals, so your company may want to explore those countries for a base of operations
Travel Ban
Original travel ban faced a lot of court issues. It is expected that his new bans will be better structured and will survive any legal fights.
The President is entitled to issue Executive Orders (EO). Governors and other citizens are entitled to oppose them and sue if they think they are affected. This happened in previous EOs such as DACA/DAPA, and more.
A person has no rights to enter the United States. Citizens are first in priority, it is believed a citizen will eventually be allowed in. Green card holders can get refused, but they can fight in court and have a good chance of success. Visa holders can be denied entry with little to no recourse. Consult with an attorney if you have concerns and if you plan to travel outside the country.
What Are Your Rights if Border Agents Want to Search Your Phone?
Coming back into the USA you can be asked to agree for a search. Checking your phone is not different from searching your luggage. You can refuse, but depending on your immigration status you can be denied entry.
Expect to be questioned based on your name, accent, country of origin, passport, or countries you may have visited in the past. You can be subject to secondary inspection, held for hours, questioned on many topics, your luggage and person searched.
Some of the Executive Orders made mention to loyalty and love for the USA. If you have content with you where you are expressing negative or violent views against the USA, you can be denied entry, be subject to further questioning and even get detained.
Raids
Most raids focus on undocumented immigrants. However Immigration agents have detained others that are in the same place, or vicinity of the raid. They have detained and deported visa holders, green card holders and even citizens. You can stay silent and ask for an attorney. If the authorities suspect you are illegally in the country they may want to have you agree to expedited removal, or fast deportation.
Bill introduced in US senate to cut legal immigration by half
This is purely speculative. It will take a long time before it can become law. BUT in reality many republicans and other conservatives have been against family reunification, and against birth right citizenship, especially for children born to undocumented immigrants.
Expect any future immigration bill to attempt to reduce family immigration. Right now for citizens of China, India, Mexico and Philippines the wait can be 10 to 20 years for some family members.
H-1B reform bill introduced in US House of Representatives
Initial attempt may be increasing the H1B minimum wage. This is more than double of the current H-1B minimum wage of USD $60,000 which was established in 1989 and since then has remained unchanged.
It is expected for Silicon Valley companies to push back on this. May be able to settle for a higher minimum wage but less than what is being proposed. Based on the President’s policies of America First, and Americans First, it is not very likely that the visa numbers will be increased in the short term. If your employer can, they should try to file for a green card as soon as possible. They can also try for an alternative visa, such as L1, TN or others. Canada and Mexico have easier immigration procedures for professionals, so your company may want to explore those countries for a base of operations
Always be prepared and consult with an attorney for any legal concerns.