
As we continue to navigate the challenges of the current political landscape, I feel it is important to address the concerns many of you have expressed regarding immigration, particularly with the new direction taken under President Donald Trump's administration. His entry into the White House has caused a significant upheaval, marked by a barrage of Executive Orders and language that has instilled fear within immigrant communities.
I have received numerous calls and walk-ins from individuals deeply worried about their immigration status, their families, and the possibility of being sent back to countries they fled due to dangerous conditions. To all of you, I want to offer reassurance: we are in this together, and I will do everything in my power to assist you. While the Trump administration has certainly posed numerous challenges, not all of these efforts will come to fruition.
One notable example is the ongoing debate over birthright citizenship. President Trump recently signed an Executive Order declaring that children born in the U.S. to non-citizen parents would no longer be granted U.S. citizenship. This idea, however, is a direct challenge to the longstanding principle of birthright citizenship guaranteed by the 14th Amendment of the U.S. Constitution. The 14th Amendment clearly states that anyone born on U.S. soil, with the rare exception of children born to foreign diplomats, is a U.S. citizen, regardless of their parents' immigration status.
It’s important to understand that the President’s attempt to end birthright citizenship through an Executive Order is unlikely to succeed. Changing this fundamental principle requires far more than a unilateral action by the President. It would require a constitutional amendment, a complex and lengthy process that would involve Congress and, most likely, a nationwide debate. This move appears to be more about stirring fear and appealing to certain political bases, rather than an actionable change in the law. Rest assured, babies born in the U.S. will continue to be U.S. citizens for the foreseeable future. Legal challenges to the Executive Order have already been filed, and the courts will undoubtedly weigh in on its validity.
Another recent development that has caused concern is President Trump’s directive allowing U.S. Immigration and Customs Enforcement (ICE) to enter sensitive locations such as churches, schools, and hospitals, places that have traditionally been considered sanctuary spaces where immigration enforcement was not carried out. While this is troubling, many local communities are actively resisting these changes. Police chiefs in various cities have publicly stated that they will not assist federal authorities in executing these orders, and mayors have pledged to protect their immigrant populations.
Additionally, there has been some legislative movement with the passage of the Laken Riley Act, which is now headed for the President’s signature. While the bill’s intent is to enhance public safety, its implementation could have significant consequences for immigrant communities. The bill mandates that the Department of Homeland Security (DHS) detain undocumented individuals who have been arrested for or convicted of certain criminal offenses, such as theft or burglary.
One of the most concerning aspects of this law is that an arrest alone, not a conviction could lead to the detention of an individual. This means that even if someone is arrested for a minor offense, like theft (which can be as little as $100), they could face detention by ICE, even if the charges are later dropped or dismissed. This opens the door to potential abuse, where individuals could be arrested as a form of retaliation or in error, leading to severe consequences. The bill is flawed in its broad application and fails to consider the nuances of the criminal justice system, where arrests can often be based on incomplete information or wrongful assumptions.
While the Laken Riley Act may be well-intentioned, its implications could be harmful, especially for those caught in the crossfire of an overly aggressive immigration enforcement system. This is a bill that requires further scrutiny, and I believe it may not achieve the intended results.
As we face these challenges, it’s essential to remain informed and vigilant. I will continue to stand with you, advocating for your rights and providing guidance through these uncertain times. Please don’t hesitate to reach out if you have any questions or concerns.
By Olia Catala
Catala Immigration PLLC
(425) 633-2343
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