Miller Mayer’s Steve Yale-Loehr Quoted About Asylum Restrictions, EB-5 Immigrant Investor Program

Miller Mayer immigration attorney Steve Yale-Loehr was quoted by the New York Times in “Federal Judge Blocks Trump’s Proclamation Targeting Some Asylum-Seekers.”

Mr. Yale-Loehr said the court’s ruling shows that Presidential discretion has limits. “The ruling is a significant blow to the administration’s efforts to unilaterally change asylum law. Ultimately this may have to go to the Supreme Court for a final ruling,” he said.

Miller Mayer immigration attorney Steve Yale-Loehr was quoted by U.S. News & World Report and other publications (via Reuters) in “Trump Demand That Asylum Seekers Wait in Mexico May Turn on Legal Clause.

The Trump administration will likely argue that the U.S. Constitution’s due process clause only applies in U.S. territory, Mr. Yale-Loehr noted.

Miller Mayer immigration attorney Steve Yale-Loehr was quoted by Deutsche Welle in “Can Donald Trump Use Force Against the ‘Migrant Caravan’?

Mr. Yale-Loehr commented on President Trump’s new proclamation mandating that individuals claiming asylum can do so only at official ports of entry. Those entering the country without authorization are barred from seeking asylum, but can apply for two alternative forms of relief known as “withholding of removal” and relief under the United Nations Convention Against Torture, he noted. “The Trump administration claims that allowing people to apply for those other forms of relief satisfies our international obligations not to return people to countries where they might face persecution”, said Mr. Yale-Loehr, adding that to decide whether President Trump’s argumentation is correct and the order legal, the courts will have to weigh competing considerations. “Courts have traditionally ruled that presidents have large discretion on immigration issues, since immigration touches on national sovereignty. However, the United States has signed the United Nations protocol on refugees, which bars countries from returning people to countries where they might be persecuted. And the U.S. asylum statute explicitly allows people to apply for asylum no matter how they enter the United States. The president cannot repeal the asylum statute; only Congress can do that.”

Miller Mayer immigration attorney Steve Yale-Loehr was quoted by the Voice of America in “EB-5 Program: American Citizenship Door for International Students.

“I can say there are hundreds of EB-5 students a year. No one knows for sure,” he said. “I compare [EB-5] to a Rubik’s cube. The migration component must be in harmony with the investment component, harmonized with the employment component…Sometimes, if the students study business, they are very sophisticated.”

Miller Mayer immigration attorney Steve Yale-Loehr was quoted by National Real Estate Investor in “As the EB-5 Program Comes Up for Another Extension, Recent Litigation Puts the Spotlight on the Program’s Flaws.

He explained that there are two types of litigation in the EB-5 world. One scenario is fraud from the outset: the project developer takes the money and runs. The other scenario is where the developer is trying to do everything correctly, but because of a change in the project, the developer is unable to finish it on time or needs to re-deploy the foreign investors’ funds in another way. With a years-long process to get permanent residence coupled with the need to keep funds at risk and create permanent jobs, there are more windows for problems to crop up. “That’s not necessarily fraud,” he said. “I predict that Congress will extend EB-5 again without any changes … maybe in the spring everybody can agree on a reform package that Congress can enact,” Mr. Yale-Loehr said.

2018-12-04T16:26:25+00:00December 4th, 2018|