Trump admin immigration changes? [merged threads]

[Nous Eb 130]

2 hours ago, Ban Hammer said:

"...and subject to the jurisdiction thereof..."
which could be argued to exclude those illegally in the country.

 

They are excluded, they already can't check the first box (either born in the US or naturalized). "And subject to the jurisdiction thereof" was added to exclude certain people born on US soil as per the USSC in 1898:

 

Quote

[T]he Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.

United States v. Wong Kim Ark (1898)

 

Children born to foreign diplomats who have diplomatic immunity are not subject to the jurisdiction of the United States.

Children of invading army members that have occupied and controlled some part of US territory, born on that occupied part of the United States are obviously not subject to the jurisdiction of the United States.

Members of Native American tribes were subject to the jurisdiction of their tribal governments and did not pay US taxes when the 14th amendment was passed and were then not subject to the jurisdiction of the United States.

 

So you have to check both boxes to be an American citizen: 

Either the box 'born on US soil' or 'naturalized' AND the box 'subject to the jurisdiction of the United States'. 

 

Whoever can check two boxes is a citizen.

 

Everyone else in the country only check one box. They are subject to the jurisdiction of the United States, but they are not born here nor are they naturalized. Their children born on US soil are citizens as per the 14th amendment.

 

But being naturalized doesn't mean your citizenship can never be revoked. Denaturalization is possible (not common!) for both immigrants and natural born citizens in the following cases:

 

• Running for Public Office or Working in the Government of a Foreign Country
• Serving in a Foreign Military
• Committing an Act of Treason Against the U.S.

 

And for immigrants it is also possible to be denaturalized when:

 

• You lie during the naturalization process (failure to disclose criminal activities, lying about your identity, willful misrepresentation), on your citizenship application, affidavit, or to a consular official. Even if USCIS doesn't catch you in a lie during the process, they may file a denaturalization action against you even after you gain citizenship.
• You refuse to testify before a U.S. congressional committee investigating your alleged involvement in subversive acts. Subversive acts are those intended to harm U.S. officials or overthrow the U.S. government. The requirements to testify before Congress expire after ten years. 
• The U.S. government can prove that you joined a subversive organization like ISIS or Al Qaeda within five years of becoming a naturalized citizen. 
• You became naturalized by serving in the U.S. armed forces and you are dishonorably discharged before serving five years of military service. 
• You obtained citizenship illegally.

 

Trump will be going after illegals first and foremost, starting with the ones with severe crimes like murder, sexual assault and drugs- and human trafficking. After those are all gone they will start looking at the lesser offenses, including entering the United States illegally, which IS a crime. Then yes, I believe naturalized people might be at risk if they committed serious crimes. Any good citizen who did not commit any of the crimes above has nothing to fear. About 15% of the US population is naturalized, that is over 50 million people. Only a small handful of those 50 million have a reason to be worried.

 

[Dashinka 24,654]

If Democrats wonder why Kamala Harris lost, here is a great example.  Remember, there is over 300k missing children that illegally crossed the border, I wonder if some of these Democrat governors that are being vocal about defying Trump, and specifically Holman’s plan to go after the worst criminals can be charged with child trafficking?

 

ICE arrests 3 illegal immigrants in Mass.: 2 charged with child rape, 1 convicted of same crime in Brazil
 

U.S. Immigrations and Customs Enforcement (ICE) Boston announced on Wednesday the arrests of two illegal immigrants who have been charged with forcibly raping children in Massachusetts, as well as a third individual who was convicted of raping a child in Brazil, and was hiding in the U.S. after being caught and released at the U.S. border in 2022.

 

The arrests come after Massachusetts Gov. Maura Healey said her state would not cooperate with President-elect Trump’s federal immigration enforcement efforts once he returns to the Oval Office in January.

 

ICE said one of the suspects, an illegal immigrant from Guatemala, was arrested for forcible rape of a child, but was released in Great Barrington, Massachusetts, by authorities, who ignored a detainer request made by the federal agency to hold or transfer him to federal custody.

 

https://www.foxnews.com/us/ice-arrests-3-illegal-immigrants-massachusetts-2-charged-child-rape-1-convicted-same-crime-brazil

[Boiler 45,767]

Bureau of Indian Affairs needs a head.

 

I can a think of an ideal candidate.

 

 

[Crazy Cat 41,985]

**One comment moved to Immigration News and Discussion as a new topic****

[TBoneTX 45,663]

15 hours ago, Boiler said:

Bureau of Indian Affairs needs a head.

I can a think of an ideal candidate.

Pocahontas Warren, D-Mass!   

[MarJhi 964]

On 11/14/2024 at 5:49 PM, Meingandu said:

He is also planning to revoke birth citizenships for children’s born to immigrants that will take away melania and trumps son’s citizenship 😂😂

I like the "he is also planning to" part of this ridiculous statement.

 

When you say he is also planning to do this or that, are you speculating in your own head or do you have evidence of President Trump saying he would do this? 

 

Maybe you heard from someone who went to school with a guy who knew another guy who had a friend of a co-workers's cousin heard Trump say it. But that doesn't really count.

[TBoneTX 45,663]

3 hours ago, MarJhi said:

When you say he is also planning to do this or that, are you speculating in your own head

They speculate and project like absolute illegitimate male children, 24/7.

[Gfcdbro 0]

Hi all

im a US citizen and i and my gf are planning to get married in Summer of 25’. She was an international student and has an F1 visa, and recently got her EAD card as part of her stem OPT and she works full time.

 

knowing that Trump is President Elected. Will his policies affect us citizens marrying non-citizens as well? Will it affect AOS too? I realize illegals immigrants who overstayed their visas can also marry US citizens but my gf has a valid F1 visa, EAD card etc. should i be worried too?

[TBoneTX 45,663]

No, no, and no.

 

If anything, legal immigration should improve in policy and practice after competent people are installed as leaders.  This won't happen right away, but I bet it will.

[The_Walters 8]

Some may say they did not have any issue when Trump was president last time. Well under the last Trump administration, the Democrats ran the house so many items he tried to put in place were blocked. The democrats do not have the same power as last time and he may push all the items he tried to do last time.  Also, many applications were already passed through or filed prior to the "NEW" processes put in place. So, it is possible that previous applications went smoothly because of this or the country their spouse was migrating from was on the list of "Acceptable European" countries according to Trump.

 

I listed below a few items Trump has or has tried to put into place but has failed. I only put this out as a warning and to prepare for possible changes. We do not know what will happen and what changes may affect us all. 

 

This proposal below did not pass Congressional approval last time. Because of the Democratic majority Congress President Trump had to deal with. But this time may pass.

Last time President Trump pushed to widen the definition of who was ineligible due to receiving Public Benefits. He proposed adding anyone receiving “noncash:” type welfare benefits, such as Medicaid, Supplemental Nutrition Assistance Program, Medicare Part D Low-Income Subsidy Program, and subsidized housing programs such as Section 8. 

In addition to making more CURRENT recipients of public assistance ineligible, it was also proposed to exclude those who had EVER in their lives previously received such benefits.

 

Some of the items listed below were put in place but rolled back by Biden.

• Travel Bans

Last time President Trump put a freeze on the issuance of visas for travelers from Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen

If this happens again, and your partner is from one of these countries, you may suffer years of extra waiting before your partner can join you in the USA.

• Vigorous Enforcement of Immigration Laws

• Increased Requests for Evidence (RFEs)

• Focus on “Best and Brightest”

Similarly, proposed but failed last time were plans to change eligibility requirements to include whether a prospective immigrant has the “education, experience and health to be a successful member of US society”

• Additional Mandatory Interviews - (K1 & CR1)

After your fiancée has arrived on his/her K1 fiancé visa, after the wedding, for your partner to remain in the USA, we apply to adjust your new spouse’s status from a visitor to a permanent resident.

Officially this process ends with an in-person interview for both you and your partner to meet with an officer who asks potentially intrusive questions about your private lives, to assess in his opinion whether your marriage is “bona fide” or a “sham for immigration purposes”. A similar interview is held two years later for those who were issued temporary “conditional” green cards.

The official process is, each K1 Fiancé couple is interviewed twice, a CR1 Spouse couple once.

In current practice, if an application contains the evidence that the USCIS reviewer requires and convincingly demonstrates a “bona fide” relationship, often the USCIS reviewing officer, uses his discretion, reduces his/her  workload,  by approving the green card,  outright, waiving the interview requirement.

• USCIS Delays and slower, processing times

The combined effect of these various executive orders of more rules, more restrictions, stricter requirements, will result in slower processing, delays and denials.

• Higher Eligibility Standard for US Citizenship

During the last Trump Administration, the Civics Test that a prospective citizen must pass was revised to a more rigorous exam, additional questions were added and a higher passing score required.  This stricter requirement was revoked by the then Democratic Congress.  Expect this order to return, and the application process to become a US Citizen made more difficult.

• Restrictions on Family-Based Immigration

 

[Ontarkie 14,324]

~~Moved to Current Events and Hot Social Topics, from IR1/CR1 Progress Report- as this is a political topic and does not belong in the upper forums.~~

[Ban Hammer 13,445]

4 hours ago, Ontarkie said:

~~Moved to Current Events and Hot Social Topics, from IR1/CR1 Progress Report- as this is a political topic and does not belong in the upper forums.~~

and merged with "Trump admin immigration changes? [merged threads]"

[jg121783 3,920]

22 hours ago, The_Walters said:

• Higher Eligibility Standard for US Citizenship

During the last Trump Administration, the Civics Test that a prospective citizen must pass was revised to a more rigorous exam, additional questions were added and a higher passing score required.  This stricter requirement was revoked by the then Democratic Congress.  Expect this order to return, and the application process to become a US Citizen made more difficult.

 

 

Honestly I don't have any problem with this. My wife recently had her naturalization interview and the bar is fairly low for passing the civics test. My wife had the correct answer for all 100 questions memorized after less than an hour of studying.

[Dashinka 24,654]

On 12/10/2024 at 4:49 PM, The_Walters said:

Some may say they did not have any issue when Trump was president last time. Well under the last Trump administration, the Democrats ran the house so many items he tried to put in place were blocked. The democrats do not have the same power as last time and he may push all the items he tried to do last time.  Also, many applications were already passed through or filed prior to the "NEW" processes put in place. So, it is possible that previous applications went smoothly because of this or the country their spouse was migrating from was on the list of "Acceptable European" countries according to Trump.

 

I listed below a few items Trump has or has tried to put into place but has failed. I only put this out as a warning and to prepare for possible changes. We do not know what will happen and what changes may affect us all. 

 

This proposal below did not pass Congressional approval last time. Because of the Democratic majority Congress President Trump had to deal with. But this time may pass.

Last time President Trump pushed to widen the definition of who was ineligible due to receiving Public Benefits. He proposed adding anyone receiving “noncash:” type welfare benefits, such as Medicaid, Supplemental Nutrition Assistance Program, Medicare Part D Low-Income Subsidy Program, and subsidized housing programs such as Section 8. 

In addition to making more CURRENT recipients of public assistance ineligible, it was also proposed to exclude those who had EVER in their lives previously received such benefits.

 

Some of the items listed below were put in place but rolled back by Biden.

• Travel Bans

Last time President Trump put a freeze on the issuance of visas for travelers from Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen

If this happens again, and your partner is from one of these countries, you may suffer years of extra waiting before your partner can join you in the USA.

• Vigorous Enforcement of Immigration Laws

• Increased Requests for Evidence (RFEs)

• Focus on “Best and Brightest”

Similarly, proposed but failed last time were plans to change eligibility requirements to include whether a prospective immigrant has the “education, experience and health to be a successful member of US society”

• Additional Mandatory Interviews - (K1 & CR1)

After your fiancée has arrived on his/her K1 fiancé visa, after the wedding, for your partner to remain in the USA, we apply to adjust your new spouse’s status from a visitor to a permanent resident.

Officially this process ends with an in-person interview for both you and your partner to meet with an officer who asks potentially intrusive questions about your private lives, to assess in his opinion whether your marriage is “bona fide” or a “sham for immigration purposes”. A similar interview is held two years later for those who were issued temporary “conditional” green cards.

The official process is, each K1 Fiancé couple is interviewed twice, a CR1 Spouse couple once.

In current practice, if an application contains the evidence that the USCIS reviewer requires and convincingly demonstrates a “bona fide” relationship, often the USCIS reviewing officer, uses his discretion, reduces his/her  workload,  by approving the green card,  outright, waiving the interview requirement.

• USCIS Delays and slower, processing times

The combined effect of these various executive orders of more rules, more restrictions, stricter requirements, will result in slower processing, delays and denials.

• Higher Eligibility Standard for US Citizenship

During the last Trump Administration, the Civics Test that a prospective citizen must pass was revised to a more rigorous exam, additional questions were added and a higher passing score required.  This stricter requirement was revoked by the then Democratic Congress.  Expect this order to return, and the application process to become a US Citizen made more difficult.

• Restrictions on Family-Based Immigration

 

To be fair, the GOP had complete control of Congress during 2017-2019 while Trump was in office.  The Dems did not regain control until after the 2018 mid-terms (2019), so we cannot say Trump did not get these changes in place just because of Democrat obstruction.

 

Travel bans from the countries listed were looked into by the Obama administration and it was due more to the inability to get any information from those countries related to the intending immigrant than anything else regardless of how the MSM spun it as a Muslim ban.  Yes, many of those countries are overwhelmingly Muslim, but some are not, and other even more Muslim demographically were not included.  So tell me how the Democrats propose getting countries like the DPRK, Venezuela, Iran, etc. to cooperate with US immigration background checks?

 

I am not sure what is wrong with enforcing existing laws, is it better to gain office and ignore duly passed laws?  If the laws are wrong (many often are), why not pursue changing them?  As to merit based immigration, or increased RFEs, again, what is wrong with that?

 

On the mandatory interviews for K1s, AOS, or ROC, again, what is wrong with that?  Back when my wife and I went through AOS under Obama, couples that were required to interview were getting the GCs 2-3x faster than those that received a waiver notice.  It was so bad that members here on VJ were actively asking how to switch an interview waiver to an interview.  My wife went through 3.5 interviews (I only count the ROC interview as 0.5 as it was an N400 combo and lasted less than 5 minutes).

 

There are always debates as to how difficult it should be to become a USC via the N400.  Honestly I am not so worried about that as most folks filing an N400 have a better grasp of US civics than those born and educated here particularly those that go through public schools.

 

I do hold a different opinion relative to the incoming administration with family based immigration.  In my opinion family based immigration is one of the best ways to get the best, brightest and hardest working legal immigrants here.  Now in this case, Congress needs to act to open up the numerical limitations, and cut out the country specific limits.  It should not take 15+ years to get a GC or nat. certificate just because someone is from India or Mexico.

 

Overall, I don't expect much to change as Congress likes to use immigration as an election time issue much like they used abortion for 50 or so years.  Things may speed up at USCIS as there will be less focus on the non-paying customers crossing the border illegally (assuming Trump and Homan can regain control of the border), but time will tell.

[Dashinka 24,654]

Not sure the elected leaders here are truly serving their constituents.  I wonder if the cartels have something on those that voted yes.

 

https://www.msn.com/en-us/news/politics/california-s-super-sanctuary-refuses-to-help-ice-with-mass-deportations/ar-AA1vFqo7?ocid=BingNewsSerp