Recent Executive Orders by Trump

KapilS1

New Member
Hi Everybody,

There were few executive orders yesterday by President Trump regarding immigration.

My question is : do they apply to legal aliens as well (on H1B) with some kind of criminal record not necessarily CMT (crime of moral turpitude)?

Please reply with any thoughts?

Thanks in Advance

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I am copying the excerpt from the executive order:

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Sec. 5. Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who:

(a) Have been convicted of any criminal offense;

(b) Have been charged with any criminal offense, where such charge has not been resolved;

(c) Have committed acts that constitute a chargeable criminal offense;
 
Follow up question:
Does it mean that legal aliens (green card , H1b holders etc) with any kind of criminal conviction (like DUI etc..) will be prioritized to be deported?
 
It has always been the case that either a conviction for CIMT or convictions for multiple offenses (which don't have to be CIMT) will make you inadmissible and deportable.
 
Remember that the situation with regard to Trump's executive orders is very volatile, with clarity often lacking and changes sometimes happening when people push back via protest, legal representation, and lawsuits against the harsher possible interpretations of his orders. So it is probably a bit too soon (unfortunately) to be 100% sure of either what he means or how it will be implemented long term.

However I believe what the above means is that if someone is ALREADY removable for some other reason--entered unlawfully, has overstayed, has violated the terms of their status, has worked unlawfully--then any criminal conviction or even charge even for a minor offense will result in their deportation becoming a priority. It is not the minor offense by itself but the minor offense in combination with the other reason for deportation that makes it a priority. Someone without both elements--a minor offense AND some other reason for deportation--would be a much lower priority for deportation or would not be removable at all.

But the situation is still very volatile so things may change.
 
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