What has it been like being an immigration lawyer during Trump’s era?
I could not describe what being an immigration lawyer during this administration is. I have practised immigration law for the past 18 years and I have never seen this. First, the administration has changed the U.S. Citizenship and Immigration Services’ (USCIS) mission. Previously, its mission was to render immigration services within a customer service approach. Now, the mission of the USCIS is to enforce immigration law. And we know USCIS has to apply the U.S. immigration law, yet, this organisation became an enforcing agency just like Immigration and Customs Enforcement (ICE). Therefore, the approach towards the applicants and attorneys is totally different.
Second, the administration issues proclamations, memorandums, new regulations, (etc). so often and so fast that we basically have to wake up every day and check what change had occurred while we were sleeping.
Thirdly, due to the importance and sensitivity of such changes, litigation has ensued. This litigation brings changes as well; some changes are just temporary injunctions and others are more permanent.
Fourth, some litigation brings changes in certain circuits only, which creates chaos because immigration law is federal and one would think that changes should apply uniformly among the states.
Fifth, the delays with USCIS cases and wrongful rejections are staggering; this may be caused by the same enforcing approach that the agency is taking. The cases referred to removal (or deportation) proceedings keep piling and the immigration courts cannot keep up with the weekly amount of cases being filed. These are just a few of the issues we are facing as immigration attorneys.
What impact has his somewhat controversial rulings had on your clients?
The major impact on the changes this administration has proposed has been caused by the public charge (PC) rule that entered into force on 24 February 2020. This rule has motivated many lawsuits that are currently pending. In New York, a federal judge issued a temporary injunction recently ordering that this rule does not apply during the pandemic. So, we immediately notified our clients to file their petitions as soon as possible so they could take advantage of this ruling. Two weeks after, the court of appeals issued another decision stating the rule must continue being applied during the pandemic. Thus, we have to notify our clients, again, that the rule is being applied! We now are waiting for the next ruling, probably from the Supreme Court, and the rulings from other circuits. The uncertainty is definitely a feeling that we immigration attorneys are experiencing, as well as clients.
The PC rule has also caused much turmoil in terms of litigation. The rule itself will be chaos for the USCIS adjudicators and clients, because it requires so much financial information and documents, that a small package can easily reach 500 pages just for the PC rule. How will adjudicators review this? How much time would they have to allocate a review of the PC documents? I personally think this ruling will cause USCIS cases to take about 3-4 years to be adjudicated.
How do you push through and get the best results for your clients, despite when things seem tough?
It is really difficult. First, I try to stay calm and positive and ask my clients to do the same. Second, I try to be super careful with the filings nowadays to avoid minimal mistakes. Third, I explain to my clients that they should expect changes from one day to the other and that I cannot guarantee that the information I am giving them today is going to be the same next week. Most of the clients do not understand this, but it is our job to inform them what is really going on with immigration law and hope that they assimilate the information.
With Trump issuing ‘Muslim Bans’ in the past and other orders which have been somewhat thrown onto lawyers, can you share the lessons you have learnt over the past years, when it comes to dealing with the unanticipated changes in immigration law?
As mentioned, it is chaotic for immigration attorneys nowadays. We have to pick up the phone and write email templates to clients letting them know that the law or regulation has changed and that the course of action we chose must be changed; this does not happen in all cases, but it does happen. This creates more administrative costs for us. In some cases, we have to change the legal agreements to reflect the change in services. We have also had some people who just give up and leave the country or abandon their cases. This means we have to close those contracts and in some instances refund some money to the client. There is a change to the asylum law coming this August on the 25th, that will completely change the asylum petitions in this country. I am not thrilled to handle asylum cases now and I am probably not the only one feeling this way. This means, there will be less seasoned attorneys handling these types of cases.
Coronavirus:
How has the pandemic impacted immigration law?
There have obviously been delays. USCIS offices were closed until 4th June 2020, and many interviews and oath ceremonies were postponed. The immigration courts are not having hearings until 11 September 2020, but every week they extend the opening day. This means thousands of cases are being postponed and many new cases have not had their first hearings, leaving more backlog. On the other side, the pandemic has impacted people’s finances and this means fewer people can afford an attorney now or they have not been able to submit their petitions to USCIS.
Did clients face issues trying to extend their visa when they could not return home?
Yes, we had a couple of clients whose immigrant visas (green cards) were approved at the consular office and could not travel back due to the pandemic. Most of them have been able to return with humanitarian flights, but those flights are very expensive. Other clients could not get approved because the consular offices closed; these are stuck in their countries waiting for the consular office to reopen. There is no specific date for the reopening of the consular offices and it seems that they are opening on different days depending on the country’s conditions to where they are located. I think, therefore, that there will also be a huge backlog for consular interviews once they reopen, because they will have about six months worth of interviews to be rescheduled, alongside the upcoming cases.
Harvard and MIT filed a suit against the new ICE regulations[1] that were put in place last month – what grounds do they have here to fight against them? If they don’t win this suit, what impact will this have on foreign students and American universities?
Currently, the administration has already backed off from this endeavour. The universities and students can have virtual classes as long as they registered by 9th March 2020. The rule will apply to future students. The impact on the universities and students is huge because international students pay very high tuition fees that universities love! This is in addition to many other services the international students use such as housing, food, transportation, etc.
About Ms Arias
- Why did you choose immigration law?
I did not choose immigration law… immigration law chose me! I wanted to practise tax law because I had been a legal research assistant at the LLM in International Taxation at St. Thomas University, School of Law, for two years. Yet, when I started looking for a job after graduation, my son was five years old and starting kindergarten. So, when I applied to some taxation law firms, they saw my eyes rolling when they informed me that the schedule was 8:00 AM to 8:30 PM, but that most attorneys left the office at 12 am or 1:00 AM. Of course, my rolling eyes did not help me get those jobs! So, my boss at that Tax LLM gave me advice: he said I had to look for a job in a small law office in something like family law or immigration. I followed his advice and here I am! I appreciated his words because I was able to develop my career as well as be an engaged mother for a now successful son, (my son just graduated from the University of Miami, from the finance school and began law school this fall).
- What do you think makes a good immigration lawyer?
Compassion, compassion, compassion. You cannot be a successful immigration attorney if you do not feel compassion and empathy towards your clients that come from many cultures and backgrounds. This is definitely a humanising field that is not fit for every attorney.
- What motivates you in your role?
The importance of my job in people’s and their family’s life. If I do my job well, families may be able to stay together, from spouses, children, to grandchildren, etc. I am motivated when I see people who I helped with their legalisation in this country and then with their citizenship, and years later, I see them as successful professionals or entrepreneurs. I also feel proud when I help young clients with their removal proceedings and waivers and they get a second chance in this country; I take the opportunity to guide them and mentor them during the removal proceeding and I feel proud of them when they come back and say they appreciate all the work I put in their case and how my advice helped them be a better person. That’s very rewarding for me!
I use my role as an attorney to help others. Just like during the old times when the attorneys and doctors were top of the society and helped others, but it is not just the money the client pays us which is rewarding. We, attorneys, must have an impact in the life of our clients. I give you another example, I have had clients that come to me for a fiancé visa and they have only met that fiancé during a trip abroad. I asked them if they are certain what they are signing for and the obligation they acquire. Some of them think twice or take more time to get to know their future spouse. I have a couple that came back thanking me for the advice because they got to know that person better and found out that they were not the right person for them. That is also rewarding for me to know that people are making an informed decision before they endeavour in an immigration case.
Martha L. Arias
Attorney at Law
Arias Villa LLC
9100 S. Dadeland Blvd., Suite 510
Miami, Fl. 33156
Phone: 305.233.3110 & 305.671.0018
Fax: 844.273.8741
[1] https://www.lawyer-monthly.com/2020/07/mit-and-harvard-file-suit-against-new-ice-regulations/
