Austin Immigration Lawyer Blog

President Trump has disclosed his plans to revoke birthright citizenship to babies born on U.S. soil through an executive order—the latest in a string of moves to crack down on both lawful and unlawful immigration to the United States.

Children born in the United States, including those whose parents are foreign nationals, become U.S. citizens by default as provided by the 14^th Amendment of the United States Constitution, which states that “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside.”

President Trump, however, wants to rescind the 14^th amendment through an executive order, a move that could trigger a constitutional crisis. In an interview with Axios, he argued that “It is ridiculous [how] we’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits.”

On September 22, 2018, the Trump administration, through the Department of Homeland Security, announced a proposed rule that would change how the government classifies an immigrant entering the country or applying for a green card as a public charge. If approved, the rule would also take into account an individual’s use of public benefits such as Medicaid and Supplemental Nutrition Assistance Program (SNAP), and prohibit him or her from entering the US or applying for a green card.

Under longstanding immigration policy, the government requires immigrants applying for legal permanent resident status through a family member to prove that they will be self-sufficient once they become a permanent resident in the US. To meet this requirement, applicants usually showed proof of income that meets the threshold of 125% of the poverty guidelines, which is around $25,975 for a family of three. Immigrants who are unable to meet this threshold can combine the income of a joint sponsor with their own.

The Trump administration, however, is considering doing away with the joint sponsor solution and is proposing to allow agencies to do deeper background checks on green card applicants, taking into account factors such as age, education, health, credit score, and even the previous use of public benefits, which could be grounds for denial.

A federal judge ruled against the Trump administration’s plans to end the temporary protected status (TPS) designation for the over 300,000 immigrants from El Salvador, Haiti, and Nicaragua.

Late last year, the Department of Homeland Security (DHS) announced its intention to remove the TPS designation of El Salvador, Haiti, Nicaragua, and Sudan, claiming that the conditions that initially allowed for these countries to receive TPS designation, such as political unrest, extreme natural disasters, and gang-related violence, are no longer as prominent as they once were. And so, the federal government found it reasonable to require citizens from these countries in the United States to pack their bags and head home.

US District Judge Edward M. Chen of San Francisco, however, found that the government’s decision to end the legal status for these countries was problematic on several fronts.

In an unexpected move after President Trump announced last year that he would eliminate the program, the US Department of State published instructions for the entry process to the Diversity Visa 2020 (DV-2020) immigration program.

A section in the Immigration and Nationality Act (INA) provides for the issuance of a limited number of visas every fiscal year to a certain class of immigrants known as “diversity immigrants”—foreign nationals from countries with usually low rates of immigration to the United States. The Diversity Visa program makes use of a lottery system in issuing 50,000 of such visas, all of which lead to lawful permanent resident status.

While registration to the program is free, those looking to apply have strict eligibility requirements to meet.