Immigration law in the United States has been in the spotlight since President Trump took office. From deportations to the separation of children from their parents at our borders, it seems the Trump Administration will stop at nothing to show it’s tough on immigration. One of the current Administration’s policies is under legal attack, however, as a class action lawsuit that was filed by the American Civil Liberties Union (ACLU) in federal court has just been given the green light to move forward.
Background
The main plaintiff in the case is a woman, Lilian Calderon, who came to the United States from Guatemala at the age of three. Her husband, Luis Gordillo, who Lilian met in high school, is from Mexico, but is a citizen of the United States. Lilian tried to apply for status under the Deferred Action for Childhood Arrivals (DACA) program but was denied due to her alleged inability to prove she had been in the United States continuously from the age of three.
Obama Eases Restrictions
Many believe that marrying a U.S. citizen is an automatic grant of citizenship. That is not the case. In fact, it is a long and expensive process for an undocumented immigrant to obtain permanent residency. When an undocumented immigrant attempts to obtain residency through marriage, the legal spouse is required to sponsor him or her for a Green Card, and the undocumented spouse is then required to return to his or her home country and wait for approval. The problem? Once an undocumented immigrant leaves the United States, he is barred from returning for 10 years.
Many couples apply for a hardship waiver, stating that the separation is too difficult to withstand, but the undocumented spouse would be required to wait for approval of that hardship waiver while already being outside of the United States. And, if it were denied, they’d be forced to stay out of the United States for 10 years. The Obama Administration provided some ease by allowing undocumented immigrants married to citizens to remain in the United States until a decision on their waiver had been reached. Under these new, eased requirements, Lilian and Luis were making an effort to legitimize Lilian’s status in the United States.
Trump’s Trap
In its lawsuit, the ACLU has alleged the United States Citizenship and Immigration Services (with whom Lilian was working to obtain her residency) was alerting U.S. Immigration and Customs Enforcement (ICE) when undocumented immigrants would be coming to their offices and, therefore, ICE would be waiting to deport them upon their arrival. That is what the ACLU is alleging happened to Lilian. Lilian and her husband were trying, legally, to get her permanent residency, and as a result, Lilian was detained for a month. Her two children were just four and one year old at the time.
This sort of trap is what the ACLU claims in its class action lawsuit violates the rights of those attempting to follow the law in obtaining their green cards.
Federal Court
The U.S. Government sought to have the case dismissed claiming the court did not have jurisdiction over the U.S. Department of Homeland Security (which ICE is a part of). The Judge did not agree, and he ruled that the case is within his jurisdiction and can move forward.
If you or someone you love is in need of a visa immigration lawyer, find an expert attorney in your area.
