Basic HTML Version

|  | Table of Contents |  | View Full Version

Page 41 - The Indian EYE 081426
P. 41

    IMMIGRATION                                                           AUGUST 14, 2026      |  The Indian Eye 41

            to employment and family life, and  stay face a serious risk of apprehen-  questioned  about  their  status. U.S.  lance and intimidation, fostering fear
            the  expense  and  uncertainty  of  de-  sion when they travel, even domes-  citizens traveling domestically are  and police state-like conditions for
            fending against removal despite hav-  tically. Noncitizens traveling within  required only to present TSA-accept-  noncitizens whose only vulnerability
            ing a pending application that may  the United States should carry proof  ed  identification,  which  can  include  may be an expired I-94 coupled with
            ultimately provide a path to lawful  of their status or authorization to re-  a state-issued driver’s license or ID.  a pending application. Americans
            permanent residence.              main, such as an unexpired Form I-94,  They should not feel compelled to  should not tolerate the Trump ad-
                Given the increased risk of ar-  green card, I-551 stamp, Employment  carry a U.S. passport or other proof of  ministration’s decision to wield immi-
            rests in airports, noncitizens who  Authorization Document, Advance  citizenship to protect themselves from  gration enforcement in this manner
            have an expired I-94 are advised to  Parole document, or receipt notice  immigration enforcement encounters.  against people who have complied
            avoid travel domestically, even if  for a pending application, in the event   Directing enforcement resourc-  with the law and are awaiting adjudi-
            they  are  in  a  period  of  authorized  of an encounter with ICE. But the  es toward people who are authorized  cation of their applications. A system
            stay. An individual who filed an em-  burden should not fall on noncitizens  to remain in the United States im-  that detains individuals who are au-
            ployment-based adjustment of status  who are following the rules to avoid  poses significant costs on employers,  thorized to remain does not promote
            application which is still pending be-  routine travel out of fear that they  families, and the immigration system  public safety or the rule of law; it un-
            cause his priority date retrogressed  may be detained.              without any clear corresponding gov-  dermines both by using fear as an in-
            might be a target for apprehension by   The chilling effect may extend  ernment benefit. More troublingly, it  strument of governance.
            ICE if he did not maintain his under-  even to U.S. citizens, who may fear  transforms ordinary spaces like air-  *Kaitlyn Box is a Partner
            lying H-1B status and his I-94 has now  being mistaken for noncitizens and  ports into sites of immigration surveil-  at Cyrus D. Mehta & Partners PLLC.
            expired. Similarly, those who did not   ________________________________________________________________________________________________________________________________________________________________________________________________
            extend their nonimmigrant status, but  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
            have a pending marriage-based ad-  & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
            justment of status application or asy-  mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
            lum application, may be vulnerable   Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
            to detention at airports. A noncitizen   of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
            who has an expired green card and   Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            has filed a pending I-751 petition may   Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
            be unlikely to be targeted, however, if   on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
            she has a valid I-551 stamp as proof of
            her conditional LPR status.       Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
                Given this recent uptick in ICE   and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
            arrests at airports, individuals who   immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
            do not have valid nonimmigrant sta-  the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
            tus but are in a period of authorized  in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

                                                                   www.TheIndianEYE.com

| 36 37 38 39 40 41 42 43 44 45 46 |