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Dear Readers,

We’re thrilled to have you back with us at the NawLaw Report, where we bring you updates and announcements from the Firm, and keep you informed on the latest developments in the immigration world. There’s been no shortage of activity lately, so let’s bring you up to speed!

Trump’s Vow to Use US Troops for Mass Deportations Could Face Intense Resistance - Starting from Within the Military

President-elect Donald Trump’s administration plans to involve the U.S. military in a large-scale deportation effort, potentially conflicting with laws like the Posse Comitatus Act, which limits active-duty military from engaging in law enforcement. To navigate these restrictions, Trump’s team could rely on mechanisms such as the Insurrection Act of 1807 or state-controlled National Guardsmen, but these approaches would likely face lawsuits, opposition from state governors, and pushback from military officials. Proposed military roles are framed as non-enforcement, including building detention facilities, transporting migrants, and providing logistical support, to avoid direct violations of legal limitations. Legal experts suggest Republican-led states might cooperate, but deploying troops from one state to enforce laws in another that opposes the effort could spark significant legal and constitutional challenges. Additionally, military personnel may resist such missions, seeing them as a departure from their traditional role of safeguarding national security. Critics argue that using the military in this way risks undermining public trust in the institution and could provoke widespread backlash, as it would blur the historic separation between military duties and domestic law enforcement.

Next Up for Trump’s Immigration Axe - Temporary Protected Status

Donald Trump has vowed to end the Temporary Protected Status (TPS) program, which allows individuals from countries facing crises like natural disasters or civil wars to stay and work legally in the U.S. Critics warn this decision would have significant humanitarian and economic consequences, increasing the undocumented population, disrupting migrant communities, and forcing people back to dangerous conditions. Haiti, a country plagued by violence and disasters, exemplifies the risks to human rights if TPS is revoked. TPS holders contribute billions in taxes and play critical roles in industries like agriculture and construction. Ending the program would not only remove these contributions but also increase government spending on detention and deportation efforts. Paradoxically, revoking TPS protections could lead to more illegal immigration, as individuals losing status might remain in the U.S. without documentation. TPS is not a pathway to citizenship and requires regular renewal, ending when conditions improve in designated countries. Critics’ claims that it is “amnesty” ignore its legislative intent, rooted in a law passed in 1990. Removing this program would harm both migrants and U.S. citizens, undermining economic stability and straining already limited immigration enforcement resources.

Why the House GOP’s Big Immigration Crackdown May be Doomed

Republicans are preparing a significant immigration reform push to deliver on President-elect Donald Trump’s promises, but face significant obstacles, including internal party divisions and the Senate filibuster. While Republicans are united on measures like funding for the border wall and border technology, more divisive proposals, such as revamping asylum rules or supporting mass deportation plans, have created rifts between hardliners and moderates. House Republicans aim to pass H.R. 2, a comprehensive immigration bill cracking down on asylum and resuming the border wall, though it is expected to stall in the Senate. Some GOP lawmakers hope to use reconciliation to enact parts of Trump’s immigration agenda, such as the "Remain in Mexico" policy, but this may conflict with rules limiting reconciliation to budget-focused policies. Previous attempts by Democrats to include immigration measures in reconciliation packages were rejected on similar grounds. Republican leaders have been meeting for months to strategize, with Trump potentially relying on executive orders for some initiatives, although these would be reversible by future administrations. Despite their ambitions, internal disagreements, legal challenges, and procedural limits may restrict how much Republicans can accomplish on immigration reform in the near term.

Sheriffs Across North Carolina Working to Implement New ICE Cooperation Law

North Carolina’s HB-10 law requires sheriffs statewide to cooperate with federal immigration authorities by verifying the citizenship status of individuals arrested for serious crimes and honoring ICE detainer requests for up to 48 hours. This law, enacted over Governor Roy Cooper’s veto, applies to crimes ranging from felonies like homicide and assault to certain misdemeanors such as child abuse. Some sheriffs, like Wake County’s Willie Rowe, emphasize implementing the law fairly to maintain community trust, while others argue it won’t significantly change their practices as they already comply with similar measures. However, advocates like Yesenia Cuello fear the law may lead to profiling, discourage undocumented residents from reporting crimes, and escalate minor infractions into deportations. Law enforcement leaders, including Person County Sheriff Jason Wilborn, stress that the law targets only those already charged with crimes and deny plans for proactive immigration enforcement. Despite these reassurances, concerns persist within immigrant communities about the broader implications for safety and civil rights.

Missouri Lawmaker Proposes Bounty System to Report Migrants

Missouri’s Senate is considering a controversial bill, SB 72, that would offer residents a $1,000 reward for reporting undocumented immigrants and establish a “Missouri Illegal Alien Certified Bounty Hunter Program” to detain them. Introduced by Sen.-elect David Gregory, the bill is one of several Republican-sponsored measures targeting immigration, with provisions to criminalize undocumented presence as “trespass by an illegal alien,” effectively barring individuals from accessing public benefits, driving privileges, or legal residency. Critics argue that immigration is a federal matter, citing past Supreme Court rulings striking down similar state-level laws, such as in Arizona. This push coincides with President-elect Donald Trump’s pledge to prioritize immigration enforcement, including mass deportations, which experts warn could face logistical and legal hurdles. Proponents of the Missouri measures claim they are necessary to combat crime and drug trafficking, though opponents caution they could harm the economy and disproportionately affect vulnerable communities. Governor Mike Parson has already signaled support for stringent border enforcement, recently allocating $2.2 million to assist Texas in its border security operation.

My Dad’s Been a Citizen for 30 Years. I’m Still Worried About Trump’s Immigration Plan

Donald Trump’s first presidency created a climate of fear among immigrant communities, which could intensify during a second term. His administration expanded ICE’s enforcement priorities, making nearly all undocumented immigrants targets, not just those convicted of serious crimes. Collateral arrests—where ICE detains individuals near their intended targets—soared, disproportionately affecting non-criminals and even leading to wrongful deportations of U.S. citizens. Trump has also pledged mass deportations, but the logistical and economic toll of removing 11 million people is staggering, potentially costing $967.9 billion and severely disrupting industries like agriculture and construction. While full-scale deportations are improbable, the fear and uncertainty his policies instill are deeply damaging, forcing families to contemplate leaving their communities for safety.

Client Q&A and Testimonial

Q: “Can my U.S. employer enter me in the H-1B visa lottery next March?” - client from Bangladesh who was just denied an F-1 visa in connection with Optional Practical Training (OPT)

A: Yes, absolutely – as the H-1B is a “dual intent” visa.  If you are selected, you should be eligible for the H-1B.

Q: “My disabled sister has a valid visitor’s visa.  Should she land in NY, or can she land in Chicago and then move here? How should she respond to immigration authorities when she arrives? Should she arrive before January 20, 2025, before Trump is sworn in as President?” - client from India

A: Yes, she should undoubtedly arrive before Donald Trump is sworn in as president on January 20th. We expect all potential visitors to be subjected to greater inspection at U.S. ports of entry as was done in the past – including the examination of cell phones, Ipads, and laptop devices.

Exciting Events at NawLaw: Stay Informed and Engaged!

Neil and Kim Enjoying A Birthday Dinner Celebration with Honey Smith and Her Husband, Michael Murphy at Le Charlot Restaurant in Southampton, NY

Neil, Kim, and Kim’s Mom - Marcia at Bistro Les Amis in Tribeca, NYC

Neil Attending Borenius Law's 'Finland's Independence Day' Celebration at The Penn Club

Neil Attending The Whiteford Law Firm’s Holiday Party at Tanner Smith Bar & Restaurant in Midtown, Manhattan

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