Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, March 1, 2017

Trump’s order provides ammunition for litigants in family law matters

Written by Thomas Velarde for Washington Top News:

On January 25, 2017, President Donald J. Trump signed the Executive Order “Enhancing Public Safety in the Interior of the United States” (“Trump’s Order”).  This Executive Order allows individuals to be deported for a variety of reasons for which they were previously not deportable.  Trump’s Order will directly impact family law matters related to domestic violence, child custody, child support, and spousal support, as aliens may be deported before, during, or after such proceedings.

Deportation Under President Donald J. Trump

President Trump’s Order states that aliens should be deported for having committed, attempted, or conspired to commit certain acts.  Aliens can be deported for acts of terrorism, crimes of dishonesty, felonies, drug activity, treason, abuse of their families, espionage, sabotage, failing to register as a sex offender, owning, purchasing, selling, or possessing a firearm, certain illegal immigration activities, and certain violations of human rights.

Trump’s Order also states that aliens can be deported for the following: conviction of any criminal offense; being charged with any criminal offense, where such charge has not been resolved; committing acts that constitute a chargeable criminal offense; engaging in fraud or willful misrepresentation in connection with an official matter or application to a government agency; having abused any program related to receipt of public benefits; being subjected to an order of removal but not yet having been deported; and if in the judgement of an immigration officer, the alien poses a risk to public safety or national security.

Examples of conduct that can result in deportation under Trump’s Order include: obtaining Medicare, SNAP, WIC, or any other government program benefit fraudulently, or misrepresenting a fact in any government form; using someone else’s social security number to work; and being subject to a removal order but remaining in the country.

Unlike under President Obama, under Trump’s Order, speeding, DUI, drunk in public, and many other offenses can result in deportation.  Further, no conviction is required.  Rather, to be deportable, an alien simply must have committed or been charged with the act.

Even non-criminal conduct can result in deportation—merely admitting to abusing drugs or being a drug addict can result in deportation.  In addition, if an immigration officer subjectively judges that an alien is a risk to the United States, that alien can be deported.

Read more here.

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