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3/15/2021 Issue
Statue of Liberty on Island in New York with flag of the United States of America
           Is a lawyer required to be nice?
           Not necessarily, not always – but there are limits to how much nastiness is a lawyer permitted.
           A certain lawyer in the Los Angeles area just lost his license for exceeding the limit. What was the particular nastiness?
           The lawyer represented a client in a salary dispute with an ex-employee and threatened to have the ex-employee deported. NASTY.
           The State Bar of California found that this piece of nastiness was too much and took away that lawyer’s license.

           It seems that the second “wall” that President Trump tried to build is being torn down by President Biden.

           The first wall was physical, made of steel and concrete along the southern border and designed to block the illegal entry of undocumented immigrants. President Biden stopped its construction on his first day in office.

           The second wall was a “paper wall”, made of Regulations and Forms and designed to stop the legal immigration of people considered by the Trump Administration to be “too poor” for the U.S. This “wall” was made by the infamous “Public Charge” regulations, denying Green Cards to anybody who was “likely” – who could, maybe, one day – ask for any kind of government support. The fear of “likely public charges” was so strong that even those friends and relatives who provided an Affidavit of Support for the potential legal immigrant, they too were required to prove their financial ability.

           The Biden administration took steps in various federal courts to let all these Trump rules lapse and become ineffective. Then they also published specific regulation cancelling the Trump Public Charge rules – and specifically cancelling the notorious Form I-944 “Declaration of Self Sufficiency” (18 pages).

           Good riddance.


           We used to have a single “Immigration Service”, but some time ago it was split into three agencies: U.S. Citizenship and Immigration Services (CIS), U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). All three are under the Department of Homeland Security and most of the Regulations, Guidelines and Policies come from this Department.
However, the Immigration Courts, the Board of Immigration Appeals (BIA) and the dealing with the Federal courts, are still under the Department of Justice (DOJ). This Department also rules on the legality of actions and directives of the other Departments. This is why the DOJ is so important for anybody dealing with immigration or citizenship matters.

           President Biden finally got the new “chief” that he wanted for the Department of Justice: Attorney General Merrick Garland.
Previously, Mr. Garland served as Judge and Chief Judge of the Court of Appeals for the Circuit of Washington, D.C. This court is considered the second in importance after the Supreme Court of the U.S.

           A reminder: when President Obama appointed Judge Garland to fill a vacancy on the Supreme Court, the Republicans in the Senate blocked this appointment.

           With this new Attorney General, it is expected that there will be many changes in the policies of the various immigration agencies and courts.


           There is no doubt that President Biden wants to make liberalizing changes in the immigration system of the U.S. But he may be running into a political difficulty: the increase of illegal entries through the southern border of the U.S., especially of unaccompanied children and youngsters, may cause a political backlash against any liberalization of immigration policies.

           How will President Biden handle this situation?

3250 Wilshire Blvd., Suite 1918
Los Angeles, CA 90010
(213) 383-3222