Migrant Medical Care | Immigration Attorney | Eatontown NJ

Trump Administration Ends Protections for Migrant Medical Care

Trump Administration Ends Protections for Migrant Medical Care

The Trump Administration ended deferred action for immigrants receiving medical care without notice or an opportunity to comment. Those here in the US under this received a letter stating they had 33 days to leave the US. This program is very similar to DACA. This applies to new applicants as well as those renewing their deferred action. This new policy will also cancel their employment authorization.

Transcript (Transcripción):

Andres Mejer: Trump Administration ends protection for migrant medical care. August 7, 2019. Trump administration eliminated protection that lets immigrants remain in the United States and receive life-saving medical treatments, just eliminated, just like that. No notice no opportunity. Just sent a letter to everybody that has that program and said You’ve got 33 days to leave the country because we are not renewing your permission. So this affects all pending requests including those seeking to renew the two year work authorization and those applying for the first time, the only exception is for military members and their families. Trump eliminated deferred action for everyone. Except those in the military. That’s called parole in place. This program is very similar to DACA. What is darker Deferred Action for Childhood Arrivals so Deferred Action for migrant medical care? The same basic idea. It’s a category of people that get work authorization and protection from deportation. 

Andres Mejer: In this situation, we’re talking people with cystic fibrosis with rare diseases with life-threatening conditions that they are getting treatment here in the United States. In some cases the only reason they’re they are alive. The problem with this is in most cases these individuals don’t qualify for anything else. If they did they would have applied for that. So once you apply for it and if the program ends now you have no protection from deportation. Now USCIS said you can talk to ice and now ICE will make decisions as to whether to defer your stay or not. The problem is ICE said we had no knowledge of this. We deal with people with orders of removal all we’ll do essentially is Putin remove proceedings and let the courts decide and then if you get deported maybe then we will step in and decide whether you get to stay or not. 

Andres Mejer: These deferrals do not provide a family a pathway to citizenship, although it does allow them to qualify for government-funded health care benefits so the government is telling kids with cancer to leave the country and telling their parents to remove life-saving medical care. So over September 2nd weekend Labor Day weekend in a typical Trump fashion, USCIS said you know what. We’re going to reconsider. So cases that were pending on August 7th we’re going to look at them again. So what does that mean? Are they going to issue deferments? No one really knows. Are they going to accept new petitions? No one really knows. The government has not explained what they’re doing or how they’re doing it because it causes chaos. It causes confusion and hopefully people that would qualify for this program are now will be afraid to file for it and maybe won’t fall for it in those they’re in it might just leave. That’s the goal cause chaos caused confusion. Less immigration. If there’s one constant theme of what this administration is doing on immigration is we don’t want you. We don’t want immigrants. We want fewer immigrants. We want to make it harder for all immigrants from anywhere to come to this country. That is the one consistent message that Trump and his administration has had an immigration policy. Trump has authority to end DACA. No question. But he has to abide by the Administrative Procedures Act which means he has to issue proposed regulation. There’s a public comment period and then there’s proposed final rules. 

Andres Mejer: That’s the that’s the process. But he ignores the process. Time and time again and the courts stop him on the process not on whether he has a right to end the program. So let me put it instead in slightly different terms. If you’re charged with a DUI. The government has to prove that it followed the right procedure in how they gathered the evidence that leads to the conclusion you were driving under the influence. We need your level of alcohol was over the limit that you are driving operating a motor vehicle on a public road. If they don’t do the right process, then the evidence that they have gets thrown out and you. walk free. 

Andres Mejer: So. Trump administration is trying to eliminate certain programs but they refuse to follow the right process because they don’t do it correctly procedurally the courts step in and say hey you didn’t do it right. They’re not even commenting in some cases on whether you should be eliminating or not. They’re just saying you didn’t follow the right process. Congress passes laws, the president enforces them. So the agencies pass regulation. There’s a process for that regulation and Trump wants to limit all of that and just go right to where he wants to do. It doesn’t work that way and the courts will continue to stop him because of it. Thank you for listening. My name is Andrés Mejer. If you have any questions or comments like John or Heinz did please just post them down below. Please subscribe to our page. Share this with anybody you feel would be helpful to them. And we’ll talk again next week.

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