Page 10 - IAV Digital Magazine #421

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MelaniaTrumpWouldHaveBeenPriorityFor D e p o r t a t i o n U n d e r N e w I mmi g r a t i o n R u l e s
By Charlotte England
Melania Trump could have been deported and banned from the US if Donald Trump had been president when she was workingas a model in the 1990s, immigration attorneys have said.
In 1996, Ms Trump— then Knauss—was paid for modelling work undertaken in the United States while travelling on a visitor—or tourist— visa, violating the terms of entry, according to documents obtained by the Associated Press.
The first lady allegedly earned more than $20,000 (£16,000) in the seven weeks before she acquired legal per- mission to work in the country.
She went on to apply for a green card in 2001 and became a nat- uralized US citizen in 2006 without disclosing any past indiscretions.
Under new rules brought in by Mr Trump last month, immigration offi- cials are now required to
prioritize the removal of any foreign national who has “engaged in fraud or willful misrepresentation in connection with any official matter or applica- tion before a govern- ment agency”.
Ms Trump put herself into this category when she violated her visa and did not disclose the indiscretion when apply- ing for future travel and residency permits, a pair of immigration lawyers told the Slate website.
She would likely have faced deportation under Mr Trump's 25 January executive order if it had been in effect and she had been caught in the 1990s, or in fact at any point before becoming a naturalized US citizen in 2005.
Hasan Shafiqullah, deputy attorney in charge of the immigra- tion law unit at the Legal Aid Society, said Ms Trump would have been at serious risk of depor- tation if caught in the 90s by a time-travelling Trump administration.
“If the current executive order on interior enforcement and the related Homeland Security memoranda on interior enforcement had been in effect at that time [1996], then she would have certainly been an enforcement priority,” he added.
New York City immigra- tion specialist Cheryl David agreed.
She said that if Ms Trump did in fact under- take paid work while in the United States a tourist visa, she “defi- nitely violated her sta- tus, and if it came to immigration’s attention, yeah, they certainly could put her into removal proceedings”.
In theory, Ms Trump's citizenship could still be revoked on the grounds that she willfully misrepresented or concealed facts rele- vant to her naturaliza- tion.
Historically, this has only been done in extreme cases, with terrorists and war criminals
among those targeted.
But Mr Trump has ordered the Department of Homeland Security (DHS) to actively target and deport people who were technically violat- ing the rules, insisting that if immi- grants violate US law in any way, “they have to go".
These include those whose indiscretions were considered too minor to act on by Barack Obama and other presidents before him.
Documents released by the DHS this week revealed that immigra- tion officials intend to put his instructions into practice.
A lawyer representing Ms Trump said the doc- uments obtained by the AP were not familiar to him but did not other- wise challenge their veracity or deny that she had done the work which would have violat- ed the terms of the B1/B2 visitor visa she initially travelled on.
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