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U.S. Citizenship and Immigration Services (USCIS) has imposed new rules for applicants seeking a green card. <\/p>\n
AL DIAZ<\/p>\n
adiaz@miamiherald.com<\/p>\n
The Trump administration is playing a cruel game with people trying to become legal immigrants. It\u2019s a game of ever-changing rules, of obstacles that seem to be aimed at making the immigration process so confusing, expensive, scary and exhausting that applicants just give up.<\/p>\n
The latest obstacle the administration has created has the potential to affect Miami like few other places in the country.<\/p>\n
As the Herald reported, U.S. Citizenship and Immigration Services issued a memo last week about a new rule<\/a> that requires most people seeking permanent residency to return to their home countries to apply for a green card at a U.S. consulate. Up until then, applicants routinely applied for residency without leaving the U.S. through a process known as \u201cadjustment of status\u201d used by over 500,000 people every year, the Herald reported.<\/p>\n \u201cI think this is just another attempt to basically end the immigration system in the United States,\u201d Ira Kurzban, a prominent Miami immigration attorney, told the Herald Editorial Board. Kurzban\u2019s firm is among those challenging the Trump administration\u2019s effort to end Haiti\u2019s Temporary Protected Status<\/a> designation.<\/p>\n The new green card rule could separate families and affect professionals and students \u2014 unless they qualify for \u201cvery narrow exceptions\u201d that allow them to remain in the country, the Herald reported. Those exceptions include people with approved asylum or refugee cases who cannot return to their country and applicants who \u201cprovide an economic benefit or otherwise are in the national interest,\u201d a USCIS spokesperson told Business Insider.<\/a><\/p>\n Kurzban said he believes the administration is targeting families specifically, including spouses, children and parents of U.S. citizens who are eligible for permanent residency.<\/p>\n Here\u2019s the catch: As the Herald reported, countries like Haiti, Venezuela and Russia don\u2019t have functioning diplomatic relations with the U.S., raising the question of whether people can actually apply for a green card from those parts of the world. The administration has imposed bans on travel and visa processing for 39 nations, including Cuba, Venezuela and Haiti. And those seeking asylum? That\u2019s become harder under President Trump as his administration routinely denies their claims, according to the Herald. The administration suspended the country\u2019s refugee program and has admitted mainly white South Africans<\/a> as refugees.<\/p>\n USCIS has said the intent of the new rule is to \u201censure aliens navigate our nation\u2019s immigration system properly.\u201d But after adding up all the administration\u2019s moves since Trump returned to office, the real point seems to be closing avenues of legal immigration. Voters \u2014 especially in Miami and other places that have thrived thanks to immigration \u2014 must wonder whether this is making the country better and safer, as Trump promised on the campaign trail.<\/p>\n There\u2019s still a lot of confusion on how the new rules will be applied \u2014 and lawyers are vowing to fight them \u2014 but here\u2019s how they could work:<\/p>\n An American citizen marries a foreigner, but before the spouse can obtain a green card, the spouse must return to their country of origin to wait months, if not years, for an approval, potentially leaving jobs and family behind.<\/p>\n Now, say the spouse came to the U.S. on a tourist visa and overstayed it. Kurzban said the spouse would still be eligible for a green card, but if they leave the U.S. to apply for one, they\u2019ll trigger a 1996 federal law that says people who overstay their visa for six months and then leave the U.S. aren\u2019t allowed back for three years. If they overstayed one year or longer, they are banned for 10 years, he said.<\/p>\n The larger point appears to be to make relatives of American citizens deportable. If federal immigration agents deny a spouse’s adjustment of status for not leaving the country to apply, they may find the applicant out of legal status and subject to deportation, Kurzban said.<\/p>\n For workers on employer-sponsored visas, the scenario could become even more difficult. Leaving the U.S. to wait for a green card could put their jobs at risk and leave employers without labor.<\/p>\n Wasn\u2019t Trump going to deport the worst of the worst \u2014 mostly migrants who commit crimes? We wonder how this latest move accomplishes that goal given that the green card process already requires thorough vetting of applicants. If the goal is to end legal immigration options, then the administration looks closer to success.<\/p>\n BEHIND THE STORY MORE <\/a> Who decides the political endorsements? <\/p>\n In advance of local and state elections, Miami Herald Editorial Board members interview political candidates, as well as advocates and opponents of ballot measures. The Editorial Board is composed of experienced opinion journalists and is independent of the Herald\u2019s newsroom. Members of the Miami Herald Editorial Board<\/a> are: Amy Driscoll, editorial page editor; and editorial writers Isadora Rangel and Mary Anna Mancuso. Read more by clicking the arrow in the upper right.<\/p>\n What does the endorsement process look like? <\/p>\n The Miami Herald Editorial Board interviews political candidates to better understand their views on public policy and how their policies will affect their constituents. Board members do additional reporting and research to learn as much as possible about the candidates before making an endorsement. The Editorial Board then convenes to discuss the candidates in each race. Board members seek to reach a consensus on the endorsements, but not every decision is unanimous. Candidates who decline to be interviewed will not receive an endorsement.<\/p>\n Is the Editorial Board partisan? <\/p>\n No. In making endorsements, members of the Editorial Board consider which candidates are better prepared to represent their constituents \u2014 not whether they agree with our editorial stances or belong to a particular political party. We evaluate candidates\u2019 relevant experience, readiness for office, depth of knowledge of key issues and understanding of public policy. We\u2019re seeking candidates who are thoughtful and who offer more than just party-line talking points.\u00a0<\/p>\n