Phoenix Immigration & Naturalization Law Blog

Migrant families who seek asylum in Arizona or any other state can now be detained indefinitely while their cases are being considered. This is according to a new rule unveiled by the Trump administration on Aug. 21. In 1997, a settlement was reached that allows migrant children to be kept in custody for up to 20 days. It is widely believed that the rule applies to adults who come to the country with their children.

The most recent change to immigration policy is likely to be challenged in court, and it represents the third policy change made since July 15. There may be additional changes to immigration policy coming in the next several weeks or months. President Trump has said that he wants to look into ending birthright citizenship to children born to those who aren't United States citizens.

People who are seeking asylum in Arizona may be particularly concerned at the ongoing efforts of the Trump administration to restrict access to the United States, especially at the southern border. While some of the administration's moves have been blocked by lawsuits in federal court, officials continue to introduce new measures to hinder asylum seekers' claims. On July 29, the administration imposed a rule that a claim of persecution based on threats against a family member is generally insufficient to be granted asylum. The rule was issued by Attorney General William Barr.

While the Trump administration claims that it is being overwhelmed with fraudulent asylum claims, many of the new rules it has imposed do not clearly differentiate between fraud and certain types of threats and persecutions. There have been a growing number of refugees from Central America arriving at the U.S. southern border, although many of these claimants eventually lose in immigration court. Immigration courts, unlike regular federal courts, fall under the jurisdiction of the Justice Department, giving Barr the authority to set rules for adjudicating cases. However, immigrants and their advocates can still go to the federal courts to challenge these rules.

Changes are coming to a program that provides special immigrant visas to religious workers in Arizona, including both ministers and non-ministers. People who will be hired for a full-time, paid religious position can apply for immigration or permanent residence. However, while the program will continue for ministers and their spouses, a sunset is scheduled for non-minister religious workers. Prior to the sunset, non-ministers were limited to only 5,000 such visas per year while there is no cap on eligibility for ministers and their spouses.

The visa program for non-minister religious workers was scheduled to expire earlier, but it was extended on Feb. 15, 2019, when President Donald Trump signed a bill that contained a further extension of the program. Under the revision, the program will come to an end on Sept. 30. This means that religious workers who are not ministers and want to adjust their status to become permanent residents or come to the United States must complete the process before that date.

Residents in border states like Arizona will likely be aware that President Donald Trump has taken aggressive steps in recent weeks to address an immigration situation that he has described as a national emergency. In late May, Trump said that he would impose tariffs on goods imported from Mexico if the Mexican government does not take action to stop immigrant caravans at the Guatemalan border. Just a day later, immigration officials announced that measures designed to protect children seeking asylum in the United States are being curtailed.

The protections, which were implemented during the Obama administration, allow unaccompanied minors to make their cases for asylum before officials from U.S. Citizenship and Immigration Services instead of in court. If their petitions are denied, they are given a second chance at asylum in front of an immigration judge. The rules were put into place to spare emotionally damaged children the trauma of court proceedings. Immigration officials say that these considerations will no longer be offered to unaccompanied minors who turn 18 before their asylum cases are heard or to children who are reunited with family members while in federal custody.