TRUMP "KIDNAPS" VENEZUELANS TO SEND THEM TO EL SALVADOR AGAINST THE ORDER OF A JUDGE

A few days ago, the Trump administration basically ignored the decision of a federal judge and sent hundreds of Venezuelans to El Salvador where they will remain imprisoned for at least a year. Federal judge James Boasberg ordered at a hearing in Washington that the government could not send these people outside the United States while the case was pending, but Trump still ignored him, claiming that the plane had already left, that he had no control over it, and also using the excuse that the judge had only announced the decision verbally and not in writing and therefore the order was not valid.

Trump's action stems from the use of a 1798 law when the United States was still in the final stages of the war against England. This a law that has basically been used when the country has been in an ongoing war to capture soldiers of the attacking the country or against the Japanese during World War II. 

Now, according to Trump and ICE, the simple fact of being Venezuelan and the existence of a gang called “El Tren de Aragua” is enough to detain, arrest and deport Venezuelans without the right to due process or a hearing before a judge to prove whether the person is really a member of this criminal group.

I have personally met some Venezuelans who have been accused without any evidence or any investigation to verify whether or not they are really members of this group. It has also been justified with the lie that we are under attack, as if in a war, by Venezuela or even by immigrants from the south in general.

But the most worrying thing is that the Trump administration thinks it doesn't have to listen to the judges and we are on the verge of a confrontation between the executive branch (the president), who believes he can do whatever he wants in the field of immigration, and the judicial branch (the courts). We are supposedly in a country of laws.

We will be watching the next decisions of the judge and the courts of appeal. Most likely this situation will reach the Supreme Court, for which we demand that the judiciary (the court system) does not give up and makes a decision, as they have all the authority to decide whether the actions of the Trump government are constitutional or not.

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DECISION OF THE 5TH CIRCUIT ON DACA TAKES EFFECT

It is possible that new applicants can apply for DACA, but they should not do so yet. 

With the latest decision of the Court of Appeals regarding DACA it is possible that they will begin to accept new applications. Last week the most recent decision of the Court of Appeals for the 5th Circuit took effect, which determines that people who had never applied for DACA can now do so. This means approximately more than one hundred thousand pending applications from people who applied in recent years for the first time but were not processed. According to this decision, people who meet the requirements of age and time in the United States who were unable to apply before because of their age or because they were not attending or had not finished school can now have the opportunity to take advantage of the DACA program. 

Unfortunately, it is not very clear what the Trump administration will do if it accepts the new applications or not. The federal government always has to announce the start of the application process, they haven't said anything yet, it's possible that the Trumpers who currently control the Department of Homeland Security in charge of the program will say that they don't accept the decision and that they will file a new appeal with another court.

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PEOPLE WHO WANT TO APPLY FOR DACA FOR THE FIRST TIME

For people who believe they qualify and have never applied, although this is good news,  it is still not one hundred percent certain, and I advise would advise them to prepare, but wait to apply.They can prepare their documents such as the GED certificate so that in case the government starts accepting them they can apply quickly, with the help of an immigration lawyer. For the moment it is not advisable to apply as it is likely that the Trumpers will not process new cases for now and will rather use the information against the applicants. 

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IN TEXAS, DACA RECIPIENTS CANNOT RECEIVE A WORK PERMIT 

Another negative aspect of the decision that has already taken effect is that people living in the state of Texas can no longer receive work permits because, according to the state, they were losing money with the DACA program. People in the other 49 states, including Michigan, can still renew their application and receive their work permit. we don't know what people in Texas will do but apparently many will have to move to other states to continue with the DACA program.

In the coming weeks we will have more information about DACA, especially for new applicants if you need more information or to  schedule an appointment you can call my office at 616-235-4577.