New Frontier Immigration Law - July 2021

Supreme Court and White House Seem to Differ on Treatment of Immigrants

Although the “build the wall” era seems to have passed in Washington, and immigrants find themselves facing a more friendly administration in the White House, we are still receiving confusing messages from the different branches of the federal government. There’s cause for optimism, especially in the short term. But taking a longer view, it is important to be prepared for every possible outcome — and to remember to keep it all in perspective.

That worrying language from VP Harris seems more in line with the current thinking of the Supreme Court, which ruled late last month that asylum seekers would not receive bond hearings if they had previously been deported from the United States. That is a problem, as Border Patrol and Immigration and

Customs Enforcement (ICE) have often deported asylum seekers in the past without listening to their declarations of fear of returning to their home country — a violation of the United States’ agreements under international law. It’s a concerning development, especially considering that, unlike presidents and most politicians, Supreme Court justices are appointed for life. We already had concerns that this was an unfriendly court to immigrants.

The good news is that after the Trump administration’s open hostility and racism toward immigrants, especially those arriving from countries south of the United States/ Mexico border, President Biden appears to be a much friendlier face. As we discussed in previous editions, the Biden administration has already made promising changes — such as

removing exclusive, isolating terms like “illegal alien” in exchange for “noncitizen” in government documents. But how much of an ally we have in the White House is still uncertain; Vice President Harris’ first trip abroad led to her telling the wider people of Latin America “do not come” to the USA, even if they are facing persecution in their home countries.

If you have questions about your legal strategy or how these and other current events may impact your

case, do not hesitate to reach out to our offices!

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