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Families choose between separation and deportation in ongoing crisis

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Families choose between separation and deportation in ongoing crisis

U.S. Immigration and Customs Enforcement (ICE) currently detains thousands of children and their parents in detention centers across the country. Several of these children are facing imminent deportation.

After refusing to be separated in detention and then losing a federal court appeal regarding their asylum claim in the United States, 28 families are facing deportation. Earlier this year, ICE offered parents the choice to stay with their children in the detention centers or have their children released, but lawyers representing the families reported that all the parents chose to stay with their children, detained. Many of the families will soon surpass 400 days in detention.

Since Trump assumed office in 2016, family separation has dominated a list of side effects of a “zero tolerance” approach to deter illegal immigration to the U.S. As of October 2020, parents of 545 immigrant children have been reported missing, about two-thirds of whom were deported to Central America without their children.

As his presidency ends, Trump’s immigration policies will have earned him much of his legacy; the U.S.-Mexico border wall, suspension of DACA, and the so-called Muslim travel ban all comprise his broader campaign to tighten the country’s entryways and curtail immigration. The Trump administration has also scrambled to implement new Immigration Court rules that make asylum seekers president an initial asylum application complete with evidence that normally would have taken years to submit. These policies, among others, are expected to face drastic changes when President-elect Joe Biden assumes office next month.

It’s not anticipated, however, that the reversal of some of Trump's policies will be easy. Many of the more than 400 policies Trump implemented may be overturned by presidential actions such as proclamations and executive orders, or agency actions such as rulemaking or policy memos. Other changes will require bureaucratic processes that can take long periods of time to complete. Overlapping policies also mean Biden’s administration will have to work carefully to avoid overwhelming the immigration system as it peels back Trump-era laws.

Contact Ibrahim Law Office if you have any questions or concerns about your case. 

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