1. bookVolume 25 (2020): Issue 3 (September 2020)
Journal Details
License
Format
Journal
eISSN
2719-9452
First Published
01 Jan 2006
Publication timeframe
4 times per year
Languages
English, Polish
Open Access

The Influence of Populistic and Protectionist Policy of the Trump Administration on the Treatment of Foreign Nationals Applying for Immigration Benefits

Published Online: 19 Aug 2021
Volume & Issue: Volume 25 (2020) - Issue 3 (September 2020)
Page range: 69 - 86
Received: 06 Aug 2020
Accepted: 24 Sep 2020
Journal Details
License
Format
Journal
eISSN
2719-9452
First Published
01 Jan 2006
Publication timeframe
4 times per year
Languages
English, Polish
Abstract

The article focuses on the obstacles to legal immigration imposed by the Trump administration against those who are already in the US pursuant to their valid non -immigrant classification and those who are abroad and trying to reunite with family members in the US or seeking entry having a legitimate job offer from a US employer. Recent changes in US immigration policy have been achieved through restrictive interpretation and enforcement of existing law by the USCIS which is part of the Department of Homeland Security, and by the State Department (DOS) rather than by substantive legislative changes done in Congress. The article provides an overview of the most recent governmental restrictions affecting so called “business immigration” and family -based immigrant processing, and also restrictions on suspension of entry to the US due to Covid-19, introduced through presidential proclamations. Although the federal courts blocked several of these administrative initiatives, the anti--immigrant atmosphere is having a big negative impact on many groups of foreign nationals. Nationalistic notions of “making America great again” that should be accomplished through “buy American and hire American” principle, and legal uncertainty causing ongoing federal lawsuits will undoubtedly lead to America’s further isolationism if President Trump wins the November 2020 election.

Keywords

Alvarez, Priscilla, Judge orders Trump administration to accept new DACA applications, CNN, July 17, 2020, https://www.cnn.com/2020/07/17/politics/daca-trump-judge/index.html. Search in Google Scholar

Chin, Monica, Seventeen states sue Trump administration over new students visa guidelines, “The Verge”, July 13, 2020, https://www.theverge.com/2020/7/13/21322780/ice-lawsuit-states-universities-international-students-visa-pandemic-trump. Search in Google Scholar

DeChalus, Camila, Trump admin must accept new DACA applications, court rules, “Roll Call”, July 17, 2020, https://www.rollcall.com/2020/07/17/trump-administration-must-accept-new-daca-applications-court-rules/. Search in Google Scholar

Dellon, Leslie, USCIS consistently denies H-1B petitions. This Lawsuit Argues it is Misinterpreting the Law, “Immigration Impact”, April 17, 2020, https://immigrationimpact.com/2020/04/17/uscis--h1b-class-action-lawsuit/?emci=28c66e67–2a80-ea11-a94c-00155d03b1e8&emdi=cf21f97e--6182-ea11-a94c-00155d03b1e8&ceid=4494015#.XqCev0BFzOb. Search in Google Scholar

Gonzales, Richard, America no longer a nation of immigrants, USCIS says, NPR, February 22, 2018, https://www.npr.org/sections/thetwo-way/2018/02/22/588097749/america-no-longer-a-nation-of-immigrants-uscis-says. Search in Google Scholar

Johnson, Jenna, Trump calls for “total and complete shutdown of Muslims entering the United States, “Washington Post”, December 7, 2015, https://www.washingtonpost.com/news/post-politics/wp/2015/12/07/donald-trump-calls-for-total-and-complete-shutdown-of-muslims-entering--the-united-states/?noredirect=on. Search in Google Scholar

Kitson, Rebecca, Coming to America. Limited Immigration Options for Senior Parents, “ABA Experience”, vol. 30, no. 3, April/May 2020, pp. 11–16. Search in Google Scholar

Klasko Immigration Law Partners, LLP,JDSUPRA, Why the Guilford College Decision is so Important? February 18, 2020, https://www.jdsupra.com/legalnews/why-the-guilford-college-decision-is-so-56133/. Search in Google Scholar

Krogstad, Jens Manuel, Key facts about refugees to the US, Pew Research Center, October 7, 2019, https://www.pewresearch.org/fact-tank/2019/10/07/key-facts-about-refugees-to-the-u-s/. Search in Google Scholar

Kurzban, Ira, Immigration Law Sourcebook, 16ed. Washington DC, American Immigration Council, 2018–2019. Search in Google Scholar

Ludwikowski, Anna, M., The Role of Congress, President and the Supreme Court in Defining Immigration Policy in the United States, “Ad Americam”, vol. 14, 2013, p. 99–111.10.12797/AdAmericam.14.2013.14.07 Search in Google Scholar

Ludwikowski, Rett R., Ludwikowski, Anna M, Prezydencjalizm Amerykański w Pryzmacie Reformy Imigracyjnej Baraka Obamy [American Presidentialism in the Light of Barack Obama’s Immigration Reform], “Krakowskie Studia Międzynarodowe”, nr 4, 2015, pp. 129–148. Search in Google Scholar

Milligan, Susan, Biden’s Shrinking lead is a Jolting Reminder for Democrats – Trump Could Win, U.S. News, September 2, 2020, https://www.usnews.com/news/elections/articles/2020–09-02/joe-bidens-shrinking-lead-is-a-reminder-for-democrats-trump-could-win. Search in Google Scholar

Moreno, K. Edward, The Supreme Court allows ‘public charge’ rule to take effect nationwide, “The Hill”, February 2, 2020,https://thehill.com/regulation/court-battles/484196-supreme-court-allow-public-charge-rule-to-take-effect-across-country. Search in Google Scholar

Owen, Quinn, Trump’s threat of total immigration ban ignites outrage, confusion, abcNews April 21, 2000, https://abcnews.go.com/Politics/trumps-threat-total-immigration-ban-ignites-outrage--confusion/story?id=70265156. Search in Google Scholar

Pierce Sarah, Bolter, Jessica, and Salee, Andrew. 2018. US Immigration Policy under Trump: Deep Changes and Lasting Impacts. Washington, DC. Migration Policy Institute, https://government.report/Resources/Whitepapers/c2673a0f-5adc-4b74–94e1–58b87f6e98d9_TCM-Trump-Spring-2018-FINAL.pdf Search in Google Scholar

Restuccia Andrew, Johnson, Eliana, Trump at war with himself over Dreamers, “Politico”, August 30, 2017,https://www.politico.com/story/2017/08/30/trump-immigration-dreamers-242152. Search in Google Scholar

Romero, Luis Cortes, Activism Leads, The Law Follows: DACA and its Fate at the Supreme Court, American Bar Association (ABA), April 28, 2020, https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/immigration/activism-leads-the-law-follows/. Search in Google Scholar

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