Attorney Carlos Trujillo Examines Immigration Enforcement and Discretionary Power

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Salt Lake City attorney Carlos Trujillo discusses the humane use of discretion and directives as they pertain to immigration challenges.

Attorney Carlos Trujillo

Attorney Carlos Trujillo

First we have cases of people who are being deported without having a criminal record, something that is vastly different from the discretionary priority of deporting those who are criminals and a danger to society, as it was under President Obama.

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Discretionary powers can make or break an immigration case, as procedures and special circumstances can be taken into consideration if the Department of Homeland Security issues a simple memorandum. “Therefore, the power wielded by General John F. Kelly, U.S. Secretary of Homeland Security, is vast and consequential in the country’s immigration enforcement,” said immigration attorney Carlos Trujillo, who is a Venezuelan native that moved to the U.S. at 18 because he did not believe in the policies that then President Hugo Chavez was promoting.

To understand discretionary power, one can look at two types of cases that under different directives or exercise of discretion may have completely different results. “First we have cases of people who are being deported without having a criminal record, something that is vastly different from the discretionary priority of deporting those who are criminals and a danger to society, as it was under President Obama,” noted Mr. Trujillo. “Second, we have cases where an immigrant is being petitioned and who would otherwise be recommended for permanent residency or citizenship without much issue.”

However, claims Mr. Trujillo, the directives that are being given at the United States Citizenship and Immigration Services (USCIS) are to find nuances or to go to any length to keep applicants from receiving their rightful immigration benefit. One may ask, then, “How can this possibly be the case when no new immigration laws have been passed by Congress?”

“Sadly, the military application of General Kelly to the current immigration laws in effect allows for such a draconian approach,” concluded Mr. Trujillo. “He uses the lack of legislative action in the matters of immigration to support such an approach. Now we have a broken system enforced by a general who does not seem to understand that the use of discretion and directives are the only way to humanely deal with the immigration challenges that Congress has failed to address in more than two decades.”

About Carlos Trujillo, Carlos Trujillo Law, LLC
Carlos Trujillo is licensed to practice law in Utah, and is a member of the American Immigration Lawyers Association. Carlos Trujillo Law, LLC, focuses on Immigration Law, among other areas. Carlos is also available during limited times as a speaker for seminars in order to educate the community. For more information, please call (801) 988-9933, or visit http://www.carlostrujillolaw.com. The law office is located at 5693 S. Redwood Road, Suite 14, Salt Lake City, UT 84123.

For media inquiries, please call 805.650.6121, ext. 361.

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