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Tag: green card

  • After National Guard shooting, administration cracks down on legal immigration

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    Sophia Nyazi’s husband, Milad, shook her awake at 8 a.m. “ICE is here,” he told her.

    Three uniformed Immigration and Customs Enforcement agents were downstairs at the family’s home on Long Island, N.Y., on Tuesday, according to a video reviewed by The Times that she captured from atop the staircase.

    Nyazi said the agents asked whether her husband was applying for a green card. They told her they would have to detain him because of the shooting of two National Guard members a week earlier in Washington, D.C.

    “He has nothing to do with that shooting,” Nyazi, 27, recalled answering. “We don’t even know that person.”

    Her protests didn’t matter. The Trump administration has put into motion a broad and unprecedented set of policy changes aimed at substantially limiting legal immigration avenues, including for immigrants long considered the most vulnerable.

    Unfortunately, I think the administration took this one very tragic incident and politicized it as a way to shut down even legal immigration

    — Sharvari Dalal-Dheini, of the American Immigration Lawyers Assn.

    Milad Nyazi, 28, was detained because, like the man charged in the shooting which left one National Guard member dead, he is from Afghanistan.

    The administration has paused decisions on all applications filed with U.S. Citizenship and Immigration Services, or USCIS, by people seeking asylum. The visa and immigration applications of Afghans, whom the U.S. had welcomed in 2021 as it pulled all troops from the country, have been halted.

    Officials also froze the processing of immigration cases of people from 19 countries the administration considers “high-risk” and will conduct case-by-case reviews of green cards and other immigration benefits given to people from those countries since former President Biden took office in 2021.

    Immigration lawyers say they learned that dozens of naturalization ceremonies and interviews for green cards are being canceled for immigrants from Haiti, Iran, Guinea and other countries on the list.

    In a couple of cases, immigration officers told immigrants that they had been prepared to grant a green card, but were unable to do so because of the new guidance, said Gregory Chen, government relations director at American Immigration Lawyers Assn.

    Although it is unclear exactly how many people could be affected by the new rules, 1.5 million immigrants have asylum cases pending with USCIS.

    “These are sweeping changes that exact collective punishment on a wide swath of people who are trying to do things the right way,” said Amanda Baran, former chief of policy and strategy at USCIS under the Biden administration. “I worry about all the people who have dutifully filed applications and whose lives are now on hold.”

    Administration officials called the Nov. 26 shooting a “terrorist attack” and defended the changes as necessary to protect the country. Rahmanullah Lakanwal, 29, faces charges stemming from the shooting that killed Army Spc. Sarah Beckstrom, 20, and critically wounded Air Force Staff Sgt. Andrew Wolfe, 24.

    “The protection of this country and of the American people remains paramount, and the American people will not bear the cost of the prior administration’s reckless resettlement policies,” Joseph Edlow, director of USCIS, said in a message posted Nov. 27 on X. “American safety is non-negotiable.”

    Lakanwal pleaded not guilty last week and his motive remains under investigation. In Afghanistan, he served in a counterterrorism unit operated by the CIA.

    Lakanwal entered the U.S. in 2021 through a Biden administration program that resettled nearly 200,000 Afghans in the wake of the U.S. withdrawal, officials said. He applied for asylum in December 2024 and it was approved under the Trump administration in April, according to a statement by the nonprofit #AfghanEvac.

    Afghans who worked with U.S. troops were believed to face danger if left behind under the Taliban-run government. Along with undergoing routine security screening, they submitted to additional “rigorous” vetting, which included biometric and biographic checks by counterterrorism and intelligence professionals, the Department of Homeland Security said at the time.

    Two federal reports from 2024 and this year pointed to some failings of the screening, including data inaccuracies and the presence of 55 evacuees who were later identified on terrorism watch lists, though the latter report noted that the FBI had then followed all required processes to mitigate any potential threat.

    It’s unclear exactly how the administration will carry out reviews of thousands of people who already live legally in the U.S. The federal government can’t easily strip people of permanent legal status. The threat of reopening cases, however, has sparked alarm in immigrant communities across the country.

    About 58,600 Afghan immigrants call California home as of 2023, far more than any other state, according to the Migration Policy Institute. Interviews with a dozen local community advocates, immigration attorneys and family members of those detained paint an aggressive effort by the federal government to round up recent Afghan immigrants in the wake of the D.C. shooting.

    “Unfortunately, I think the administration took this one very tragic incident and politicized it as a way to shut down even legal immigration. And it’s definitely gone much broader than the Afghan community,” said Sharvari Dalal-Dheini, the director of government relations at the American Immigration Lawyers Assn.

    Trump administration officials cited the shooting in a spate of policy changes last week.

    On Friday, USCIS announced it had established a new center to strengthen screening with supplemental reviews of immigration applications, in part using artificial intelligence. The USCIS Vetting Center, based in Atlanta, will “centralize enhanced vetting of aliens and allow the agency to respond more nimbly to changes in a shifting threat landscape,” the agency said.

    On Thursday, USCIS said work permits granted to immigrants would expire after 18 months, not five years. The change includes work permits for those admitted as refugees, with pending green card applications and with pending asylum applications.

    In a memorandum Tuesday outlining the pause on asylum applications and the immigration cases of people from the 19 countries also subject to a travel ban, USCIS acknowledged that the changes could result in processing delays but had determined it was “necessary and appropriate” when weighed “against the agency’s obligation to protect and preserve national security.”

    Immigrants already had been on high alert as the Trump administration canceled temporary humanitarian programs, cut back refugee admissions — except for a limited number of white South African Afrikaners — and increased attempts to send those with deportation orders to countries where they have no personal connection.

    Before the Washington shooting, a Nov. 21 memo showed that the administration planned to review the cases of more than 200,000 refugees admitted under the Biden administration. Although asylum seekers apply after arriving in the U.S., refugees apply for admission from outside the country.

    Nyazi questioned why Afghans are being singled out, noting that a white person allegedly assassinated Charlie Kirk, but “I don’t see any ICE agents going into white people’s houses.”

    Asked why Milad Nyazi was detained, Tricia McLaughlin, assistant public affairs secretary for Homeland Security, called him a criminal, citing two arrests on suspicion of domestic violence.

    “Under Secretary [Kristi] Noem, DHS has been going full throttle on identifying and arresting known or suspected terrorists and criminal illegal aliens that came in through Biden’s fraudulent parole programs and working to get the criminals and public safety threats OUT of our country,” McLaughlin said in a statement.

    Nyazi said the charges, which did not stem from incidents of physical violence, were dropped and his record was later expunged.

    She and her husband got engaged in 2019 in Afghanistan and applied for a fiance visa, because Nyazi is a U.S. citizen. Their application was approved in 2021. Soon after, with the Taliban takeover in full force, the U.S. government allowed Milad Nyazi to fly to the U.S. He has a pending green card application, Nyazi said.

    On Tuesday, the couple’s 3-year-old daughter screamed and cried as her father was handcuffed and taken away. He has a court hearing this week.

    Zahra Billoo, executive director of the San Francisco Bay Area chapter of the Council on American-Islamic Relations, and others say Afghans in various stages of their legal immigration process — not only those with deportation orders — have been targeted. She said at least 17 Afghans in the Bay Area have been detained since Monday.

    Lawyers said many of the Afghans detained last week had arrived at the U.S.-Mexico border, where they had sought asylum.

    Paris Etemadi Scott, legal director of the Pars Equality Center in San José, said three of her clients, an Afghan mother and her two sons who are both in their early 20s, were detained Dec. 1 during a routine check-in with ICE. All have pending asylum applications, she said.

    Rebecca Olszewski, managing attorney at the Michigan Immigrant Rights Center, said her Afghan client, who also has a pending asylum case, reported for his monthly virtual check-in Friday and was told to show up in person the next day, where he was detained.

    Since the shooting, administration officials and the president have used dehumanizing language to describe immigrants. In announcing the 19-country travel ban Dec. 1, Noem posted on X that she was recommending a “a full travel ban on every damn country that’s been flooding our nation with killers, leeches, and entitlement junkies.”

    In a Cabinet meeting the next day, Trump referred to Somali immigrants as “garbage” who “contribute nothing.” (A few days later, Noem said the administration would expand the travel ban to more than 30 countries.)

    On Thanksgiving Day, Trump had said on his social media platform that he intends to “permanently pause migration from all Third World Countries” and deport those who are “non-compatible with Western Civilization.”

    In recent days, a ghostly quiet has overtaken Shafiullah Hotak’s regular haunts in North Sacramento, where the Afghan population in the city is especially dense. Hotak, 38, is an Afghan immigrant who served as a program manager at refugee resettlement organization Lao Family Community Development until layoffs due to federal cuts forced him out of work in May.

    On Thursday, immigration agents banged on doors at an apartment complex on Marconi Avenue, where hundreds of Afghans have resettled. Just one employee sat in an Afghan-owned tax and bookkeeping business that was typically buzzing with clients. A nearby park, where teenagers kick around soccer balls and giggling packs of children roam after school, was empty. And the lines at a halal market known for its sesame-topped Afghan bread had disappeared.

    “The situation we have in our community reminds me of when we used to go to work in Afghanistan,” Hotak said. “We had to take different routes every day because people who were against the U.S. mission in Afghanistan were targeting people. There were bombings and shootings.”

    Hotak said “Kill the eyes,” is what the enemies of the U.S. in Afghanistan used to advise as to how to deal with local Afghans aiding the military, in order to blind their operations.

    “But nowadays those ‘eyes’ are here in the U.S. and the U.S. government is looking to pick them up and put them in jail,” Hotak said.

    Times staff writers Castillo reported from Washington and Hussain and Uranga from Los Angeles.

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    Suhauna Hussain, Andrea Castillo, Rachel Uranga

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  • H-1B Anxiety is Rising: More H-1B Holders Are Securing U.S. Permanent Residency With the EB-5 Program

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    USCIS selected only 120,141 H-1B registrations in FY 2026, the lowest since 2021. As uncertainty grows around employer-sponsored pathways, the EB-5 Program is becoming a more practical and reliable choice for H-1B families than ever before.

    Recent data indicates a significant rise in uncertainty among H-1B professionals. In FY 2026, USCIS selected 120,141 H-1B registrations, the lowest since 2021, driven by stricter scrutiny, enhanced fraud-prevention rules and a registration fee increase from $10 to $215.

    Total registrations fell to about 358,000, a 26.9% decline from FY 2025 and more than 54% down from FY 2024. Combined with tightening enforcement and a weakened job market, these shifts have created a more complex environment for high-skilled foreign workers, particularly Indian nationals, who also face decades-long Green Card backlogs.

    Several developments are driving this rise in uncertainty, the most significant of which are outlined below:

    1. Big Tech Layoffs and a Saturated Job Market

    • In late October 2025, Amazon initiated layoffs affecting around 14,000 corporate employees, with some reports suggesting the total could reach up to 30,000 depending on restructuring plans.

    • Meta continued multi-year workforce reductions throughout 2025, including a round in October 2025 that cut 600 employees from its Super intelligence Labs division.

    • Because H-1B workers must secure a new employer within a strict 60-day window, they face heightened vulnerability during layoffs, particularly when job markets in major tech hubs become saturated.

    2. The 60-Day Grace Period Becoming More Unpredictable

    3. Cumbersome Process Changes

    • Beginning September 2, 2025, most non-immigrant visa renewals, including H-1B, will require mandatory in-person interviews, ending the streamlined Dropbox system. This increases timelines, costs and travel requirements.

    • USCIS has implemented beneficiary-centric registration and additional anti-fraud safeguards, contributing to lower filing volumes and increased scrutiny during adjudication.

    4. The $100,000 H-1B Fee Creating Added Strain

    • On September 19, 2025, the U.S. administration proposed a $100,000 employer-paid fee for new H-1B petitions.

    • The jump from the earlier $2,000 to $5,000 range raised immediate concern among employers and visa holders.

    • Since petitions would be denied without proof of payment, many fear reduced sponsorships, fewer transfers, and restricted overseas travel.

    • For Indian H-1B professionals, the proposal adds another significant pressure point amid already tightening immigration timelines.

    These developments have created the highest levels of uncertainty H-1B professionals have faced in more than a decade. They also highlight the structural limitations of the H-1B system, where immigration status remains tied to a single employer, reducing autonomy and complicating long-term planning for professionals and their families.

    Why More H-1B Professionals Are Turning to EB-5

    With employer-sponsored pathways becoming less predictable, many H-1B families are reassessing long-term strategies. The EB-5 Program is emerging as a practical alternative for several reasons:

    1. Independence from Employer Sponsorship

    H-1B status is dependent on maintaining employment with a specific sponsoring company. Job loss, restructures, promotions, or role changes may trigger new filings or threaten lawful status. In contrast, the EB-5 Program offers a path to Permanent U.S. Residency that is not tied to an employer, enabling greater security and long-term planning.

    2. Security During Layoffs and Market Volatility

    As outlined earlier, the 60-day grace period is both short and increasingly inconsistent, with some NTAs issued even before the full period lapses. This makes job loss one of the most significant points of vulnerability for H-1B professionals, who must secure a new sponsoring employer under tight and sometimes unpredictable timelines.

    The EB-5 Program offers a solution to this structural risk as it allows U.S.-based Indian investors to concurrently file Form I-526E and Form I-485, enabling them to stay in the U.S. lawfully throughout processing. They typically receive the Employment Authorization (EAD) and Advance Parole (AP) within 2-6 months of filing, ensuring job continuity* and freedom to travel outside the U.S. without issue upon re-entry.

    *H-1B professionals pursuing EB-5 may continue working under their existing status until their Adjustment of Status is approved.

    3. Priority Processing

    Since the RIA of ’22, Rural EB-5 Projects have benefited from Priority Processing in Rural TEA Projects, which has significantly reduced pre-RIA adjudication times of 2-4 years. EB5 United’s recent I-526E approvals have been averaging ~5 months, with some taking less than 3 months. In comparison, approvals for Urban Projects are still taking more than 2 years on average.

    4. Freedom to Advance or Pivot Careers

    Many H-1B professionals decline promotions or career changes that might affect their visa status. EB-5 investors, however, can pursue any role, sector, or business venture without restriction, reclaiming full control over career decisions.

    5. Family Stability and Work Rights

    An EB-5 investment grants Green Cards not only to the investor but also to their spouse and children under 21, enabling the entire family to live, study, and work in the U.S. without the stress of temporary visa renewals or legal uncertainty.

    6. Reserved Visas

    The EB-5 Reform and Integrity Act of 2022 introduced visa set-asides and Priority Processing for Rural TEA Projects. Thus, Rural EB-5 investors receive 20% of annual EB-5 visa allocations, helping Indian investors bypass future backlogs and achieve faster approvals.

    7. Protection against Aging Out

    Aging out occurs when a child turns 21 and is no longer considered a dependent under U.S. immigration law. For H-1B families, this is a significant concern; once a child ages out, they lose eligibility as a dependent and may need to file a separate petition, face extended wait times for Green Card approval, or potentially become ineligible for a Green Card altogether.

    The EB-5 Program helps mitigate this risk through its Child Status Protection Act (CSPA) protections. Under CSPA, a child’s age is frozen on the date Form I-526E is filed. For U.S.-based Indian investors who file Form I-526E and Form I-485 concurrently before the child turns 21, the child’s age is effectively locked in permanently, helping prevent aging out during processing.

    Conclusion

    The combined data from USCIS, tech workforce trends, and recent policy changes make it clear that the H-1B pathway has become increasingly unpredictable for professionals and their families. In contrast, the EB-5 Program has demonstrated year-on-year improvement in adjudication timelines, especially for Rural Projects in the post-RIA era. As of November 2025, we surpassed 700 I-526E approvals, underscoring our leadership in Rural EB-5 Projects and the success of USCIS Priority Processing under the EB-5 Reform and Integrity Act (RIA) of 2022. The tables below highlight how 2025 filings achieved noticeably faster processing times compared with petitions submitted between 2022 and 2025.

    In addition, we are equally pleased to share the full $88MM EB-5 loan repayment for the Nine Orchard Hotel Project in New York, a major success for our investors and a strong validation of our proven 1st Position Loan Strategy.

    I-526E Approval Summary for Petitions FILED in 2025

    Rural EB-5 Project

    Total Approvals

    Avg. Time

    Shortest Approval Time

    Rural Project 1

    17

    4.5 months

    2.8 months

    Rural Project 2

    170

    5.3 months

    3.2 months

    Rural Project 3

    8

    4.9 months

    2.9 months

    I-526E Approval Summary Across EB5 United’s Rural EB-5 Projects (2022-2025)

    Rural EB-5 Project

    Total Approvals

    Avg. Time

    Shortest Approval Time

    Rural Project 1

    72

    9.7 months

    2.8 months

    Rural Project 2

    409

    8 months

    2.7 months

    Rural Project 3

    224

    11.9 months

    1 month

    Disclaimer: Individual processing timelines may vary. Immigration benefits are not guaranteed and are subject to USCIS approval. This is not an offer to sell or a solicitation to buy any security.

    Source: EB5United

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  • She went to get her green card and now faces deportation. Did the feds trick her?

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    On Sept. 16, Barbara Gomes Marques May and her husband arrived at the downtown Los Angeles federal immigration building for what they believed would be the final step in Marques May’s process to obtain her green card.

    The interview process had gone smoothly, Tucker May recalled. But toward the end, a federal immigration official she had met with said he needed Marques May to follow him so he could photocopy her passport, he recalled. She and her husband believed the trip would be brief and they would be able to leave.

    Instead, an Immigration and Customs Enforcement agent arrested Marques May, a 38-year-old Brazilian national who has no criminal record and works as a film director in Los Angeles. She was handcuffed and transferred to the ICE facility in Adelanto in San Bernardino County before being sent to Louisiana. Meanwhile, her husband and her lawyer scrambled to try to stop her deportation.

    On Wednesday, Marques May was scheduled to board a 6 a.m. flight to her home country, but her attorney was able to file a motion to reopen her deportation proceedings and keep her on U.S. soil, at least temporarily. As of Thursday, she had been moved to Arizona and will return to California while her deportation proceedings remain open, her attorney said.

    “It’s very much an ongoing nightmare,” Tucker May said in an interview this week.

    Department of Homeland Security officials did not respond to a request for comment about Marques May’s case.

    According to her attorney, Marcelo Gondim, Marques May arrived in the U.S. in 2018 on a tourist visa. Gondim said she applied for an extension but was denied. She ended up overstaying her visa, he said, and in 2019, the government sent her a notice to appear for a court hearing to begin deportation proceedings.

    But Marques May had moved and had not kept her address up to date with immigration court, and so the letter never reached her, Gondim said. Because she failed to appear, the government issued a removal order against her.

    In April 2025, the couple got married and she began the process to apply for a green card, Gondim said. Under the Biden administration, he said, U.S. Citizenship and Immigration Services would have notified Marques May that there was a removal order issued for her and directed her on how to get it resolved.

    Overstaying a visa is not considered a criminal offense, and penalties are issued if the person leaves the country. In cases involving married couples, Gondim said, there’s an automatic forgiveness for overstaying a visa, relief that Marques May would’ve been eligible for.

    But the Trump administration has instead used courthouses and Citizenship and Immigration Services offices to engage in mass arrests of migrants attending mandated hearings and appointments. Soon, the USCIS will have expanded powers.

    In September, the Department of Homeland Security issued a new directive that will allow the agency — which administers and oversees immigration applications — to enforce immigration law with “special agents.” The order goes into effect Monday.

    “USCIS will have greater capacity to support DHS efforts by handling investigations from start to finish, instead of referring certain cases to Homeland Security Investigation within U.S. Immigration and Customs Enforcement,” the agency said in a statement.

    After Marques May was arrested, May struggled to figure out where federal authorities had sent his wife. Finally, he was able to get in touch with her, and she detailed how, when she was arrested in L.A., she burst into tears, and an ICE agent took a selfie with her, he said.

    During her transfer between detention facilities, she told him, she was subjected to harsh conditions, including how she went without food or water for more than 12 hours and had access to bathrooms with no toilet paper. She was given only bread and water and a couple of times an apple.

    Marques May, who had surgery this year for chronic back problems, was also denied medical treatment for a device she uses to manage her pain, he said. May went public with her arrest more than a week after she was detained, he said, because he had run out of all legal avenues.

    “There is an open disdain being shown by ICE for the basic rule of law for this country,” he said.

    May began posting about her arrest online, garnering hundreds of responses and support. A GoFundMe page had raised more than $50,000 as of Thursday. U.S. Rep. Judy Chu (D-Monterey Park), who counts Marques May as one of her constituents, said she was “doing everything possible to prevent her deportation and I’m demanding that ICE follow the law.”

    “Unfortunately, Barbara’s case is not unique, it reflects a broader pattern under Trump’s immigration policies that are unlawful and cruel,” she posted on X.

    Gondim said he repeatedly tried to stop her from being transferred to facilities outside California, only to find barriers and delays by ICE officials to getting legal documents for her to sign. From Adelanto, she was transferred to Arizona, then Louisiana.

    The government is not doing anything wrong by complying with the removal order, he said, “but they cannot prevent the person from having access to counsel and be able to present their case to file some form of relief [so they] don’t get unjustly deported.”

    To stop Marques May’s imminent deportation, Gondim filed separate motions to reopen her deportation proceedings and terminate her deportation proceedings. Until a judge rules on the case, Gondim said, ICE cannot deport her. He said he’s hopeful that she will end up being released.

    “Since she has already an approved petition from her U.S. citizen husband, and she has a clear path to filing a new [application] and getting her green card,” he said, an immigration court judge will not be interested in pursuing a case against a person who should be approved for permanent residency by law.

    Until then, May said his wife’s first feature film has been put on hold until she can be released. In 2021, Marques May premiered her short film, “Pretas,” at the Culver Theater for the L.A. Brazilian Film Festival. The film centers on Black women and their experiences dealing with racism and carries a message of creating a more anti-racist society.

    “I love Los Angeles so much,” she said in an interview at the time. “I couldn’t be happier. It was a premiere I wasn’t expecting.”

    It was their shared love of films that bonded the couple, who met on a dating app, May said. They spent a lot of their time together watching movies, sharing popcorn and then discussing what worked and didn’t in the films.

    May says he now thinks about all the immigrants who have not committed any crimes but lack the legal resources to avoid deportation.

    “These are human beings that these terrible things are happening to,” he said. “If anybody reads stories like this, if they think this doesn’t apply to them because they’re not married to an immigrant, I beg those people to consider what they think comes next.”

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    Melissa Gomez

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  • Trump asks Supreme Court to uphold restrictions he wants to impose on birthright citizenship

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    President Donald Trump’s administration is asking the Supreme Court to uphold his birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.Previous reporting: A legal win for birthright citizenship after Supreme Court setbackThe appeal, shared with The Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions are constitutional.Lower-court judges have so far blocked them from taking effect anywhere. The Republican administration is not asking the court to let the restrictions take effect before it rules.The Justice Department’s petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.Any decision on whether to take up the case is probably months away, and arguments probably would not take place until the late winter or early spring.“The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer wrote. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”Cody Wofsy, an American Civil Liberties Union lawyer who represents children who would be affected by Trump’s restrictions, said the administration’s plan is plainly unconstitutional.“This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order,” Wofsy said in an email.Trump signed an executive order on the first day of his second term in the White House that would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.In a series of decisions, lower courts have struck down the executive order as unconstitutional, or likely so, even after a Supreme Court ruling in late June that limited judges’ use of nationwide injunctions.While the Supreme Court curbed the use of nationwide injunctions, it did not rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The justices did not decide at that time whether the underlying citizenship order is constitutional.But every lower court that has looked at the issue has concluded that Trump’s order violates or likely violates the 14th Amendment, which was intended to ensure that Black people, including former slaves, had citizenship.The administration is appealing two cases.The U.S. Court of Appeals for the 9th Circuit in San Francisco ruled in July that a group of states that sued over the order needed a nationwide injunction to prevent the problems that would be caused by birthright citizenship being in effect in some states and not others.Also in July, a federal judge in New Hampshire blocked the citizenship order in a class-action lawsuit including all children who would be affected.Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers who are in the country illegally, under long-standing rules. The right was enshrined soon after the Civil War in the first sentence of the 14th Amendment.The administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

    President Donald Trump’s administration is asking the Supreme Court to uphold his birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.

    Previous reporting: A legal win for birthright citizenship after Supreme Court setback

    The appeal, shared with The Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions are constitutional.

    Lower-court judges have so far blocked them from taking effect anywhere. The Republican administration is not asking the court to let the restrictions take effect before it rules.

    The Justice Department’s petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.

    Any decision on whether to take up the case is probably months away, and arguments probably would not take place until the late winter or early spring.

    “The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer wrote. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

    Cody Wofsy, an American Civil Liberties Union lawyer who represents children who would be affected by Trump’s restrictions, said the administration’s plan is plainly unconstitutional.

    “This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order,” Wofsy said in an email.

    Trump signed an executive order on the first day of his second term in the White House that would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.

    In a series of decisions, lower courts have struck down the executive order as unconstitutional, or likely so, even after a Supreme Court ruling in late June that limited judges’ use of nationwide injunctions.

    While the Supreme Court curbed the use of nationwide injunctions, it did not rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The justices did not decide at that time whether the underlying citizenship order is constitutional.

    But every lower court that has looked at the issue has concluded that Trump’s order violates or likely violates the 14th Amendment, which was intended to ensure that Black people, including former slaves, had citizenship.

    The administration is appealing two cases.

    The U.S. Court of Appeals for the 9th Circuit in San Francisco ruled in July that a group of states that sued over the order needed a nationwide injunction to prevent the problems that would be caused by birthright citizenship being in effect in some states and not others.

    Also in July, a federal judge in New Hampshire blocked the citizenship order in a class-action lawsuit including all children who would be affected.

    Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers who are in the country illegally, under long-standing rules. The right was enshrined soon after the Civil War in the first sentence of the 14th Amendment.

    The administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

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  • ICE detains green card holder dad with tumor after 30 years in US—Attorney

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    Paramjit Singh, a green card holder who immigrated to the United States from India more than 30 years ago, has been in federal custody for over a month after being detained by immigration agents in Chicago on July 30, according to his attorney.

    Singh’s attorney Luis Angeles told Newsweek the detanment has been “nothing short of horrific” for him and his family.

    Newsweek also reached out to the Department of Homeland Security (DHS) for comment via email.

    Why It Matters

    President Donald Trump campaigned on mass deportation of undocumented immigrants, specifically targeting those with violent criminal records, and his administration ramped up immigration enforcement since his return to office in January. However, many Americans have been critical of his immigration policy as individuals with misdemeanors, decades-old infractions or in some cases no criminal records at all have been swept up in the heightened enforcement.

    Singh’s case underscores the concerns raised by many immigration advocates about the administration’s approach to border security and deportations.

    What to Know

    Singh, a lawful permanent resident who operates a business in Fort Wayne, Indiana, was detained at Chicago O’Hare Airport on July 30 after he returned from a trip to India, his family and attorney told local news station WPTA. His family said he makes this trip several times per year.

    Paramjit Singh takes a photograph with his family.

    Kirandeep Kaur, Gurkirat Singh.

    Singh has a brain tumor and a heart condition and was kept inside the airport for five days. His condition deteriorated to the point where he had to be taken to the emergency room, the news station reported.

    His family was not notified of the ER visit until they received a bill for his medical stay, Angeles told Newsweek.

    Angeles said the alleged offense stems from an incident involving the use of a pay phone without payment, which he said is a “minor infraction for which he has already taken full accountability, served his time, and paid his debt to society.”

    Efforts to secure his release have been “exhaustive but frustrating,” Angeles said.

    “We filed for a bond redetermination and successfully won the bond hearing. However, DHS has continued to employ what I would describe as legal—yet arguably unethical—tactics to prolong his detention, despite being fully aware of his severe medical condition, which requires emergency surgery. The government is holding him without justifiable cause, exacerbating his health risks and causing immense distress to his family,” he said.

    Several green card holders have been detained based on decades-old legal issues. A similar case that garnered national attention was that of Jemmy Jimenez Rosa, a Massachusetts mother who was held for 10 days based on a decades-old marijuana conviction. She was also taken to the hospital while being held in the airport without access to medication.

    What People Are Saying

    Angeles also told Newsweek: “As a lawful permanent resident (green card holder), Mr. Singh should never have been detained in the first place, as he has always followed the rules to the letter. We often hear the mantra of “follow the rules” to achieve legal status in this country. Well, that’s exactly what he did: he entered the United States lawfully, adjusted his status properly, built his American dream through hard work, and has been a significant contributor to his community.”

    Singh’s brother, Charanjit Singh, told WPTA: “We’re just trying to post the bond, we’re just trying to speak to someone, trying to communicate with someone. We’re lost.

    A Customs and Border Patrol spokesperson previously told Newsweek: “A green card is a privilege, not a right, and under our nation’s laws, our government has the authority to revoke a green card if our laws are broken and abused. Lawful Permanent Residents presenting at a U.S. port of entry with previous criminal convictions may be subject to mandatory detention and/or may be asked to provide additional documentation to be set up for an immigration hearing.”

    What Happens Next

    WPTA reported that Singh’s legal team filed an appeal and planned to seek immediate federal court review to challenge DHS’s continued detention decision, and that the family aimed to post bond while the federal challenge proceeded.

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  • Opinion: My client Jose was the luckiest man in an unlucky place. He got to go home for the holidays

    Opinion: My client Jose was the luckiest man in an unlucky place. He got to go home for the holidays

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    The holidays can be a challenging time. It’s an especially challenging time for detainees at the Adelanto Immigration and Customs Enforcement Processing Center.

    This wind-scoured private prison lurks on the western boundary of the Mojave Desert, about 10 miles from Victorville. With a built-in immigration court, it’s something of a one-stop deportation shop.

    Sundays are a busy day here. The waiting room at the Desert View Annex is crowded with families. Parents. Grandparents. More children than you would expect. The visitors are nervous, if not resigned.

    A kindly man with a Sinaloan accent makes small talk with me while we wait.

    “You here to visit family?”

    “No. A client.”

    “Lawyer?”

    “Yes, in a public defender’s office.”

    “You do immigration law?”

    “Not really. I’m here to fix the wrongful conviction that took away my client’s green card and got him put in deportation.”

    He asks for my card. “My son has a conviction like that too. Can you talk to him?”

    The staff here are pleasant, kind. A guard in a blue polo shirt exchanges the IDs of people in the waiting room for visitors’ badges. Another walks us through a series of imposing steel doors to a visiting room. Some Christmas ornaments hang from the ceiling. Clumps of plastic furniture line the periphery. A play area for children sits on the far wall. A dozen men in red and orange jumpsuits greet the arrivals.

    It is palpably sad. All but one or two of these men will be deported; all but one or two of these families will be missing a son or husband or father during the holidays.

    A friendly guard with perfect fake eyelashes places me in a private attorney room. I hand her a stack of papers for my client Jose. Across the reinforced glass, tears well in his eyes as he signs the documents mending the legal errors that landed him here.

    Jose is in his late 50s. Been in the U.S. as a lawful permanent resident since he was 6 months old. His entire family is here. He has five adult children. Six grandchildren. Elderly parents. Owns a small business. Has no contact with his country of his birth.

    In the 1990s, he pleaded guilty to possession of less than a gram of cocaine. His lawyer never asked about his immigration status, nor told him the conviction would result in him losing his green card and being placed in deportation. Not understanding the immigration consequences, he pleaded guilty. He attended some drug classes and when the judge said “case dismissed,” he thought the matter was closed. But a “dismissed” case is still a federal controlled substances conviction.

    Three decades later, Jose was arrested by men in windbreakers and placed in deportation proceedings.

    Last Monday, I was in court for him, and a judge signed an order vacating the conviction because it violated his 5th and 6th Amendment rights. On Tuesday, Jose’s immigration attorney filed a motion to terminate removal proceedings with the judge’s order attached. With no criminal conviction to trigger deportation grounds, Jose made it home to watch his grandkids tear into presents.

    He was the luckiest man in an unlucky place. Had his conviction come from other counties in California, the public defender’s offices in those counties would very likely have refused to take his case, despite having been allocated money to do so.

    In 2021, the California Board of State and Community Corrections created the Public Defense Pilot Program, which provided funds so that public defender’s offices could represent clients under several statutes, including Penal Code §1473.7. This law allows defendants to vacate criminal convictions if newly discovered evidence appears; if the conviction was obtained on the basis of race, ethnicity or national origin; or if it’s legally invalid because the person did not understand and appreciate the immigration consequences.

    Although the other statutes in the pilot program also require a public defender’s office to open old cases where, almost always, mistakes of some kind will be found, many defender’s offices resist taking on cases involving immigrants because of workloads or concerns about potential conflicts of interest.

    In my office in Ventura County, I was transferred from felony trials to the immigration unit to help as many eligible people as possible. Although this decision significantly increased the office’s workload, the positive results are tangible. In 2023, we prepared more than 200 §1473.7 cases on behalf of 93 immigrants like Jose.

    If every public defender’s office in the state could make indigent representation under this statute a priority, we would see more justice and many more immigrants, who’ve been unfairly swept up, have an increased opportunity to make it home to their families for the holidays and in the coming year.

    Michael Albers is a senior deputy public defender in the Ventura County Public Defender’s Office.

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    Michael Albers

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  • Medi-Cal will soon be open to all, 'papers or no papers.' She wants her neighbors to know

    Medi-Cal will soon be open to all, 'papers or no papers.' She wants her neighbors to know

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    As parents hustled to pick up their kids from a school in South Los Angeles, Juana Dominguez greeted one after another with the same question in Spanish: “Do you have Medi-Cal?”

    “Don’t be afraid to get it,” she urged mothers pushing strollers in the afternoon sun. She paused to chat up street vendors hawking raspados and hot dogs, encouraging them as well, as she handed out fliers.

    Many already knew Dominguez from the brightly painted Paloma Market nearby, where she can regularly be found selling tacos at a table out front. On this stretch of Main Street, she also dishes out health information through a program that turns vendors into “community messengers.”

    Dominguez is on a mission to make sure her neighbors know that “papers or no papers, you’re going to get help from Medi-Cal.” That’s because in January, the state will open its Medicaid program to anyone whose income is low enough to qualify, no matter their immigration status.

    It’s the culmination of a steady expansion of the California health insurance program, which has already grown to include children, young adults and seniors regardless of their legal status. As of last year, the uninsured rate among immigrants in California without U.S. citizenship was estimated to be 21% — lower than in 36 other states, according to a KFF analysis of data from the U.S. Census Bureau’s American Community Survey.

    Next year, California will extend Medi-Cal benefits to the last remaining group of undocumented people — those ages 26 to 49 — in what is expected to be its biggest expansion of coverage since key provisions in the Affordable Care Act were implemented in 2014. State officials have estimated that more than 700,000 people will be eligible to gain “full scope” coverage for the first time, helping them access important services such as preventative care and treatment for chronic conditions.

    Juana Dominguez hands out information about Medi-Cal in South Los Angeles. The government health insurance program gears up for an upcoming expansion to serve eligible people of all ages regardless of immigration status.

    (Wally Skalij / Los Angeles Times)

    Dominguez wants people to be aware of the opportunity, and to make use of their new coverage. In California, people who lack valid visas, green cards or U.S. citizenship have been less likely than other immigrants to go to the doctor, with 29% saying they had never gotten or tried to get medical care in the U.S., a KFF/L.A. Times survey this year found.

    Fear is rampant in the community, Dominguez said, as people worry that signing up for or using such benefits could jeopardize their chances of getting a green card or citizenship. Under the “public charge” rule, people can be blocked from legal status if they are likely to become “primarily dependent” on government aid.

    Medi-Cal benefits do not factor into those decisions except in cases involving long-term stays in mental health or nursing institutions, advocates said. As Dominguez made her rounds on Main Street, she repeatedly reassured people: “It’s not a public charge for the government.”

    Dozens of vendors such as Dominguez have been talking up Medi-Cal as part of an unusual program that mobilizes street vendors around public health issues that are important to them. The program, run by the community health network AltaMed in partnership with the nonprofit Inclusive Action for the City, launched nearly two years ago and provides vendors a quarterly stipend for their efforts.

    The street vendors “identified that their community members are undocumented people who have been historically excluded from all healthcare systems,” said Rosa Vazquez, manager for community mobilizing for the AltaMed Institute for Health Equity. Their biggest goal has been ensuring the people they reach get information “so that they can make the best choices for their own health.”

    This year, that “has meant a particular focus on Medi-Cal expansion,” Vazquez said.

    Rosa Vazquez talks with vendors Aurora Alejo and Juana Dominguez during a training for street vendors on Medi-Cal expansion.

    Rosa Vazquez, right, talks with Aurora Alejo, left, and Juana Dominguez during a training for street vendors by the AltaMed Institute for Health Equity.

    (Brian van der Brug / Los Angeles Times)

    In November, the vendors gathered at a Boyle Heights office to learn about the state effort. Vazquez laid out details about income limits for the program, what it would cover, and how people could apply.

    In the KFF/L.A. Times survey, more than a third of California immigrants who are probably undocumented — those who said they did not have valid visas, green cards or citizenship — said they steered clear of public programs that help pay for food, housing or healthcare because they didn’t want to draw attention to their own immigration status or that of a family member.

    The survey also found that 70% were unsure if using such programs could decrease their chances of getting a green card, while another 16% believed that it would.

    Under the Trump administration, a new rule added Medicaid to the list of assistance programs that could factor into public charge determinations. The rule was challenged in court and President Biden officially removed it shortly after taking office, but apprehension has remained.

    Sarah Dar, a policy director with the California Immigrant Policy Center, said that “especially under the previous presidential administration, there was a message being sent to these communities that you’re not deserving of public benefits and you shouldn’t access services.”

    For the Medi-Cal program to “all of a sudden be available to people, it’s going to take really trusted messengers to reach these folks,” she said during a November webinar hosted by the UCLA Latino Policy and Politics Institute and the California Endowment.

    In Fresno, those trusted messengers could include Centro La Familia Advocacy Services, a nonprofit founded more than half a century ago to help immigrants apply for government programs that had forms only in English. The nonprofit will be extending its hours on Saturdays to accommodate farmworkers, who often can’t make it to their centers during the week, as well as sharing information on Spanish-language Univision and heading directly to the fields to meet workers.

    “It is still difficult” for many immigrants who lack the literacy skills to navigate Medi-Cal paperwork, even when translated into Spanish, said its executive director, Margarita Rocha.

    TODEC Legal Center, an immigrant advocacy organization, provides similar outreach in the Inland Empire. Farmworkers there “don’t come to government institutions for aid because of the fear,” said Luz Gallegos, the group’s executive director. “We have to go to them.”

    Gallegos said TODEC has been trying to raise awareness about Medi-Cal for years, starting with the first expansion that covered children regardless of immigration status. It has recruited farmworkers who signed up for coverage for themselves or their kids to encourage others to apply. Now these volunteers show off their Medi-Cal cards and share stories about how they benefited from the program.

    The group has also brought Riverside and San Bernardino county officials out to work sites to register farmworkers for Medi-Cal, with its own volunteers on hand to help establish trust.

    And in Mendocino County, workers at Anderson Valley Health Center in Boonville have been heading out to local vineyards, asking companies to tuck informational fliers alongside pay stubs, and phoning uninsured patients to let them know about the upcoming expansion.

    “This group is probably the hardest” to reach compared with those who have gotten Medi-Cal so far, said Chloe Guazzone, executive director of the health center. As patients, “they don’t tend to come to us unless there’s an urgent issue because they’re uninsured,” she said, “so finding them in the first place” can be difficult.

    In Los Angeles, Dominguez said she was motivated to bring information to her community by the death of her friend Angel Vasquez, a kindly jokester who lived near Paloma Market.

    When Vasquez got COVID-19 the first winter of the pandemic, he held off on calling for an ambulance, Dominguez said. She says she believes he was worried about the cost. His son, also named Angel Vasquez, said family members in Guatemala told the man to go to the hospital, but Vasquez initially insisted it was just a fever.

    “He went to the hospital very late — I think too late,” his son said.

    Juana Dominguez hands out information about Medi-Cal along Main Street in South Los Angeles.

    Juana Dominguez hands out information about Medi-Cal along Main Street in South Los Angeles.

    (Wally Skalij / Los Angeles Times)

    Vasquez died in May 2021 at the age of 55, his son said. Dominguez was haunted by the thought that if he had gone to the hospital sooner, her friend might have lived.

    “My kids miss him a lot,” she said.

    As she finished up her rounds on Main Street, she paused to point out where Vasquez had once lived. When she had the opportunity to reach out to neighbors about Medi-Cal, “I thought, ‘Juana, your community needs this information.’ … This gives me the drive to persist with it.”

    California officials have estimated that more than 700,000 people will be able to transition from “restricted scope” to “full scope” Medi-Cal next year. Being in “restricted scope,” which helps reimburse hospitals for emergency care, means “they’re in the system, we know who they are … we know that they’re income-eligible for Medi-Cal,” said Anthony Wright, executive director of the healthcare consumer advocacy group Health Access California.

    “It is an incredibly useful way to automatically enroll” people who will now gain coverage for a range of care needed beyond the emergency room, Wright said. “We’re really glad the state has taken efforts to try to do this as automatically and seamlessly as possible.”

    California’s Department of Health Care Services said it’s unknown how many people who aren’t already in the “restricted scope” program will be newly eligible for Medi-Cal. The state has budgeted $1.4 billion for the expansion this fiscal year and $3.4 billion annually when it is fully implemented.

    Researchers at UC Berkeley and UCLA estimate that among Californians under the age of 65, the Medi-Cal expansion will reduce the uninsured rate among immigrants without legal status from 58.4% to 27.8%. Despite that sharp reduction, it would still remain far higher than the estimated uninsured rate of 7% for all Californians in that age group.

    Experts said hundreds of thousands of immigrants will remain uninsured because they make too much money to qualify for Medi-Cal, but don’t have affordable coverage through their employers.

    Wright said people in that situation can buy health insurance on their own, “but then the question is, is it accessible? Is it affordable? Is it administratively easy?”

    Those without legal status will remain ineligible for financial assistance to buy health coverage through Covered California, the state marketplace for insurance coverage. He and other advocates are now pushing the state to come up with an option to help them as well.

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    Emily Alpert Reyes, Melissa Gomez, Priscella Vega

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