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The Scope of Trump’s Executive Orders and DACA

September 10th, 2024

Table of Contents

    Dear friends:

    In the past few weeks we have seen many news in terms of immigration. In particular, President Trump has issued 2 controversial executive orders which have had a deep impact, but in order to understand what is happening and what we can expect, first we need to understand what is the definition of an “executive order”:

    “An executive order is a rule or an order issued by the President to an executive branch to take a specific action or to change a specific practice. Executive orders do not require Congressional approval to take effect but they may have the same legal weight as laws passed by Congress if issued pursuant to a statutory mandate or delegation of authority from Congress (See Indep. Meat Packers Asso. v. Butz, 526 F.2d 228, 234 (8th Cir. 1975)) Meaning, that they need to be consistent and not contrary to existing law. In general, these orders tend to prioritize the enforcement of the law or specify the way in which the existing law will be carried out. ”

    Knowing this, the two executive orders mentioned above are:

    • Enhancing public safety in the interior of the United States: this order is an attempt to withhold federal funds from cities and states that refuse to administer federal immigration laws which often contradict the objectives and legal obligations of local and state governments. It also instructs the Secretary of Homeland Security to create a system to issue civil financial penalties against aliens who are unlawfully present in the U.S.

    The order also eliminates President Obama’s order that focused the resources of DHS on the detention and removal of dangerous criminals, as well as, aliens posing a serious security risk. In contrast, President Trump’s order directs immigration officials to focus on the detention and removal of virtually all aliens who are unlawfully present or have had any immigration issues, despite the fact that they have not violated any criminal law and do not pose any security risk. This is expected to have a seriously negative impact on immigrant communities throughout the U.S.

    Read the full executive order

    • Protecting the nation from foreign terrorist entry into the United States: this order suspends the admission of Syrian refugees to the U.S. for 120 days and bars the entrance to the U.S. for 60 days to all persons from 7 Muslim-majority countries; Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia.

    Read the full executive order

    The question is: If these executive orders have been lawfully signed by the President, why have federal judges blocked the order that prevents the entrance to the US of individuals from specific countries for a period of time?

    The lawsuits that have challenged the legality of the President’s order have claimed that this executive order is unconstitutional and violates federal law. The Constitution of the United States provides the procedure through which laws are established and the President is prohibited from creating laws. Rather, the role of the President is limited to the enforcement of laws created by Congress. The President’s order violates those provisions of the Constitution as he has effectively created a law without following the required procedures. In addition, this order is a direct violation of the Immigration and Naturalization Act of 1965 (The Hart-Celler Act) that banned all discrimination against immigrants based on national origin.

    What is going to happen then? Can the President order the revocation of any kind of Visa or Immigrant Status? The answer is no. There are specific provisions of the law that control which visas or Immigrant Statuses may be revoked and which procedures must be followed to effectuate the revocation.

    Deferred Action for Childhood Arrivals: DACA Program

    What is the future of the DACA program? What is going to happen to those who are currently under DACA? We do not know if the President´s administration will follow through with his promise to end the DACA program but in the meantime, applications are still being accepted and if the case is approved, the DACA beneficiary may stay lawfully in the US until the expiration of his/her authorized period of stay, even if the President terminates the program before that date.

    The President would not likely be able to terminate the period of a DACA recipient’s “deferred action” because the law does not allow the government to “take” money from individuals without a legal basis. If the benefits issued to DACA recipients were removed, or if pending applications were rejected, the individuals would not longer be receiving the benefit that they paid for. It would be essentially the same as if the government issued a passport or driver’s license for a period of years after a filing fee was received, and then reducing the period of time the document was valid and forcing the person to pay for a new document earlier than originally stipulated. (See Barry v. Barchi, 443 U.S. 55, 64, 99 S. Ct. 2642, 61 L. Ed. 2d 365 (1979) [a person issued a license (or document) has “a property interest in his license sufficient to invoke the protection of the Due Process Clause.”])

    Whether or not to pursue DACA benefits depends on a variety of issues and should be carefully reviewed with a qualified immigration lawyer. There are some who fear what the government could do, if it has access to their personal information that could be used to enforce removal orders or to initiate removal/deportation proceedings. Generally, the government has access to information through numerous sources including healthcare records (if government insurance programs are used), school records, birth records, tax records and social security records, even if an individual does not apply for DACA. Therefore, fears related to the release of information should be weighed against the benefits of temporary permission to live and work in the U.S.

    Our immigration lawyers at FitzGerald Law Company are highly recommended by our clients and have a great deal of experience litigating and defending many types of cases and immigration processes.

    If you think that you are eligible for an immigration benefit call today our office and schedule a consultation with one of our attorneys in Boston, MA at (617) 303-2600 (ext. 0) or request an appointment. We can also help you or your family members with any legal problem in the areas of Criminal Defense, Personal Injury in addition to any other Immigration Process.

    Respectfully,

    The FitzGerald Law Company Team

    Successful track record serving the Massachusetts Community for over 20 years with all their legal needs in Immigration, Criminal and Personal Injury Law

    Client Reviews and Testimonials

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    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm