Following Donald Trump’s nomination as the next U.S. president and the headlines swirling about mass deportations, many people were left anxious and uncertain. To gain clarity, we turned to none other than the esteemed immigration lawyer, Kelly Decsy.
Kelly is passionate about guiding foreign talent and their employers through the intricate U.S. immigration system. She takes pride in practicing law in a field that resonates deeply with her personal experiences.
Kelly earned her BA from the University of California, Riverside, and later obtained her Juris Doctorate from Southwestern Law School. Her legal training included studying in the United Kingdom through the University of London’s International Entertainment Law Program.
A Los Angeles native, Kelly has a unique connection to the entertainment industry, enabling her to skillfully assist artists and entertainers in securing U.S. work visas. Additionally, as a social media influencer with over 200,000 followers, she has carved out a niche in assisting influencers and professionals in the social media space—a realm she understands firsthand.
Kelly’s personalized approach sets her apart, as she crafts case strategies tailored to the individual needs of her clients. Her exceptional work has garnered her numerous accolades, including the prestigious CALI Award and Southwestern Law School’s Witkin Award for Academic Excellence.
With her expertise and firsthand understanding of immigration law, Kelly is a trusted voice for navigating the evolving landscape of U.S. immigration under new political leadership.
Thank you for joining us, Kelly. Immigration – a topic as complex and intertwined with policy, politics, and human lives as any other. In times like these, when uncertainty and fear loom large, it transcends mere policy; it becomes deeply personal. With the looming threat of mass deportations casting a shadow over us, could you guide us through the intricate web of immigration processes? Help us understand how a president’s decisions hold the power to shape and impact lives on such a grand scale. Let us delve into the heart of this pressing issue and shed light on the profound implications at stake.
Kelly: “Of course. It’s important to understand that there are four main types of immigration processes, as well as the issue of illegal immigration. These include:
- Constitutional
- Immigration laws created by Congress
- Executive orders
- Treaty-based immigration
- Illegal immigration
Each of these is uniquely affected by a president’s policies and decisions.”
Let us delve into the realm of constitutional immigration. In the midst of this tumultuous climate, where birthright citizenship is under threat, how will this fundamental pillar of immigration law be affected?
Kelly: “Constitutional immigration refers primarily to birthright citizenship, guaranteed under the 14th Amendment. Former President Trump has expressed his desire to challenge this fundamental right, but doing so would require an extraordinary legal and structural overhaul. For instance, the current system, where a simple U.S.-issued birth certificate secures a social security number, would face massive changes. Such efforts would undoubtedly ignite immediate and intense legal battles, potentially reaching the Supreme Court. Actually changing this would require amending the US constitution – which is no easy feet – the process was designed to be difficult and has only happened a few times in the history of the United States.
It’s also worth noting that Americans often assume birthright citizenship is a global norm, but it isn’t. Many countries base citizenship on bloodline rather than place of birth,where you must first prove one of your parents is a citizen of the country prior to the child being deemed a citizen. Attempting to dismantle this cornerstone of American citizenship would send shockwaves through legal, administrative, and societal frameworks.”
What impact do immigration laws passed by Congress have on our nation? With the constant chatter about restricting legal avenues, how much power does the president really wield over these laws?
Kelly: “Congress-created immigration laws, like those governing much of employment-based immigration, are harder to change. However, a president can use administrative tools to complicate the process. For instance, by increasing prevailing wage amounts or issuing more Requests for Evidence (RFEs), the approval rates for employment visas could drop significantly. These changes might not rewrite the law, but they can create significant barriers, impacting businesses and applicants alike.”
Now, let’s address the most pressing issue at hand – illegal immigration. As the public grapples with the fear of widespread deportations, we must ask ourselves: what exactly are we facing?
Kelly: “Mass deportations of illegal aliens are being discussed, I assume at first he will be focusing first on individuals with criminal records.(as his rhetoric has suggested) However, deporting all undocumented individuals—estimated at over 10 million people—would demand an unprecedented level of manpower, resources, and enforcement measures. Bigger issue here is the tearing apart of families. What happens if the breadwinner of a family is deported.. then what happens to the family, also if both parents or the sole parent is deported what happens to the US citizen children? He has even gone so far as to say he doesn’t want to separate families and they will send the kids with the parents.
One significant concern is workplace raids. Employers will likely face stricter enforcement of I-9 verification requirements, which carry penalties for noncompliance. This could lead to mass layoffs, fewer job opportunities for undocumented workers, and increased fear within immigrant communities.”
The controversial public charge rule has ignited widespread anxiety and uncertainty. Can you shed light on its implications and the possibility of its resurgence in a more stringent iteration?
Kelly: “The public charge rule determines whether immigrants seeking permanent residency might become reliant on government assistance. Republican administrations have historically enforced it, while when democrats are in power they tend to choose to ignore this rule. If reinstated under harsher guidelines, it could block countless individuals from obtaining green cards, disproportionately affecting low-income immigrants.”
What about treaty-based immigration, such as visas linked to international agreements? Could these be at risk of being compromised?
Kelly: “Treaty-based visas, such as the E-2 or TN visa, depend on agreements between the U.S. and other countries. While they are more stable compared to executive orders, renegotiating or dissolving treaties is something that is in the president’s control and therefore he could severely impact these programs. This is less likely, as foreign policy and other international factors come into play when negotiating / re-negotiating treaties, but in the current volatile climate, nothing can be entirely ruled out.”
The authority of executive orders is undeniable. Will we witness the dismantling of programs such as DACA or TPS once more?
Kelly: “Absolutely. Executive orders are created soley by Presidents therefore other presidents can also quickly alter or dissolve these programs since they are not cemented by Congress. Trump tried to end DACA during his previous term, but was unable to due to backlash, this time however he will have control of The House and The Senate, meaning this time he may succeed in terminating or severely restricting it. this would make hundred of thousands of individuals brought to the USA as children eligible for deportation (possibly in Trump mass deportation plans) who have spent little to no time in their home country
Temporary Protected Status (TPS), is equally vulnerable. By removing countries from the TPS list, the administration could force thousands to return to crisis-stricken regions, adding another layer of distress.”
What lies in store for the green card lottery and asylum policies? Will they undergo substantial revisions?
Kelly: “The green card lottery is an easy target, as Trump has previously criticized it and attempted to cancel it. Eliminating it would strip a unique pathway to permanent residency for many.
As for asylum, reinstating policies like ‘Remain in Mexico’ or deploying the National Guard at the border would drastically curtail the amount of asylum applications. These measures would likely lead to a humanitarian crisis at the border, with countless individuals unable to file their claims.” As physical presence is a must to be able to file an asylum application
The fate of the United States’ role in global humanitarian efforts hangs in the balance as we consider the implications of refugee policies. What lies ahead for our nation’s commitment to aiding those in need?
Kelly: “Refugee admissions are set annually by the president, in consultation with domestic and international agencies. A sharp reduction—or a complete halt—would deeply impact global efforts to resettle those fleeing war and persecution. The ripple effects of such a policy would be felt worldwide.”
Thank you, Kelly. These are uncertain and troubling times, and your insights help illuminate what’s at stake. Immigration, as we’ve seen, is a complex web of policies that touch lives in profound ways.
Kelly: “It’s my pleasure. Understanding these policies is critical as we navigate this challenging moment in history.”
