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IMMIGRATION FEBRUARY 14, 2025 | The Indian Eye 36
Should Trump’s Lawyers
Implementing Policies That Hurt
Immigrants be Concerned About
Violating Their Ethical Obligations?
BY CYRUS D. MEHTA AND a. Take all steps neces- a. Take all steps neces- almost 530,000 people have duct related to the practice of
sary to review the alien’s case sary to review the alien’s case been granted parole through law”. By directing DHS offi-
KAITLYN BOX*
and consider, in exercising and consider, in exercising the CHNV program, accord- cials to expeditiously remove
your enforcement discretion, your enforcement discre- ing to U.S. Customs and Bor- some parolees, the memo-
n January 23, 2025, whether to apply expedited tion, whether any such alien der Protection (CBP). randum could run afoul of
Acting Secretary of
On January 20, 2025, ABA Model Rule 8.4(d) by
Othe Department of removal. This may include should be placed in removal President Trump issued an depriving these individuals
steps to terminate any ongo-
proceedings; and
Homeland Security, Ben- ing removal proceeding and/ b. Review the alien’s pa- executive order terminating of due process. Termination
jamine C. Huffman issued or any active parole status. role status to determine, in the CHNV program. The of parole for some individ-
a memorandum entitled (2) For any alien DHS is exercising your enforcement Huffman memorandum uals could also be viewed as
“Guidance Regarding How aware of who does not meet discretion, whether parole now allows recipients of the discrimination on the basis
to Exercise Enforcement Dis- the conditions described in remains appropriate in light CHNV program who had of national origin in violation
cretion”, which directs ICE (1) but has been granted pa- of any changed legal or factu- been paroled into the Unit- of ABA Model Rule 8.4(g).
to take the following action: role under a policy that may al circumstances. ed States to be expeditiously If DHS’ implementation of
(1) For any alien DHS
is aware of who is amenable be paused, modified, or ter- On January 6, 2023, the removed. It also includes na- the program results in a mis-
minated immediately under Biden Administration insti-
tionals of Ukraine, Afghani-
representation, a violation
to expedited removal but to the January 20 memoran- tuted a humanitarian parole stan and Colombia who have of ABA Model Rule 8.4(c)
whom expedited removal has dum: program allowing certain na- been paroled under separate could also occur. The mem-
not been applied:
tionals from Cuba, Haiti, programs. These individuals orandum in itself may not
Nicaragua, and Venezu- followed the rules established be indicative of unethical
ela (CHNV) to apply for under the Biden administra- conduct, but its implemen-
entry to the U.S. for a tion in order to be paroled tation carries significant risk
temporary stay of up to into the US in a safe, orderly of violation of ethical rules
two years. All individ- and legitimate manner. They by government lawyers in the
uals admitted through have now been blindsided Trump administration.
the CHNV program and betrayed by the Trump In a previous blog, we
must have a U.S.-based administration. discussed Trump’s executive
supporter, pass security The devastating impact order restricting birthright
vetting, and meet oth- that this policy stands to have citizenship to only a child
er criteria. Parole is not calls into question the con- born in the US has one par-
an immigration status. duct of the Trump adminis- ent who is either a US citizen
During the two-year pa- tration lawyers involved in its or a permanent resident. The
role period, individuals development. We credit our granting of automatic citizen-
may seek humanitarian colleague Michele Carney ship to a child born in the US
relief or other immigra- in providing input on ethical is rooted in the first sentence
tion benefits, if they are issues on the part of govern- of the Fourteenth Amend-
eligible, and work during ment lawyers in the Trump ment: “All persons born or
that time. See our blog administration. ABA Model naturalized in the United
for further details on the Rule 8.4 (c)-(d), (g) prohib- States, and subject to the ju-
CHNV program. its lawyers from engaging in risdiction thereof, are citizens
m of The Biden Adminis- conduct that involves “dis- of the United States and of
CYRUS D. MEHTA & PARTNERS PLLC tration committed to ac- honesty, fraud, deceit or mis- the States wherein they re-
side.” In United States. V
representation”, that is “prej-
cepting 30,000 beneficia-
ries a month from across udicial to the administration Wong Kim Ark, 169 U.S. 649
the four countries. With- of justice”, or that “the law- (1898), the Supreme Court
in the first six months of yer knows or reasonably extended the Fourteenth
launching the program, should know is harassment Amendment to an individual
over 35,000 Cubans, or discrimination on the basis who was born to parents of
50,000 Haitians, 21,500 of race, sex, religion, nation- Chinese descent and during a
Nicaraguans, and 48,500 al origin, ethnicity, disability, time when Chinese nationals
Venezuelans came to the age, sexual orientation, gen- were subjected to the Chi-
2 6th Floor U.S. through the pro- der identity, marital status or nese exclusion laws:
gram. As of August 2024, socioeconomic status in con- The Fourteenth Amend-
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