The new administration has issued numerous executive orders related to immigrant policies. There is much speculation related to immigration raids, but while we cannot know exactly what will unfold this week, the important thing to know is that you have rights when it comes to the enforcement of immigration laws.
As a first priority, it is most likely that ICE will target individuals who have a deportation order from the Immigration Judge. Noncitizens with a deportation order can be immediately deported, unless they inform ICE that they want to apply for asylum due to fear of being persecuted or tortured.
Individuals who are already in immigration court or who have never had an immigration court case are usually not jailed without the due process of hearings in court. However, on January 20, 2025, President Trump instructed the Department of Homeland Security to enforce the use of “expedited removal” against noncitizens who cannot prove they have been continuously present in the U.S. for the previous 2 years. Expedited removal is a form of express deportation.
Under this policy, ICE can detain certain noncitizens for immediate deportation in the following scenario:
Further, if the noncitizen tells officers that they want to apply for asylum due to fear of being persecuted or tortured, ICE must refer them to an asylum officer for an interview.
If you did not enter the U.S. lawfully (e.g., if you snuck across the US border) we recommend that you include proof of your last two years of physical presence in the United States in your family safety plan. If you are detained for expedited removal, you may only have a couple of days to provide this documentation to ICE.
We urge you to review our article on your personal rights, which explains what to do if ICE comes knocking at your door. We will also be hosting a Know Your Rights training live online this Friday, January 24, 2025 at 2 pm Central in English, 3:30 pm in Spanish. If you would like to attend, the links are listed below:
Friday 1/24/2025: Know Your Rights Live Webinar:
English Webinar at 2:00pm CST: YouTube: https://www.youtube.com/watch?v=gvFlAnpcxFo
Spanish webinar at 3:30pm CST: YouTube: https://www.youtube.com/watch?v=0DsgX7n-0_8
Preparing a Family Safety Plan
If you have been ordered deported in Immigration Court, you are at risk of being detained and later deported to your country of origin. In this worst case scenario, it is essential to have a family safety plan prepared in advance. Even if you do not have children, you should plan ahead with respect to your assets. Individuals who have never been to immigration court and those who are currently in proceedings should also consider creating a family safety plan. Although most individuals are not detained in jail during immigration court proceedings, the risk for detention will be higher during the Trump administration.
Why do you need to assemble all of this information now? In the worst case scenario, if you are detained, you will need to rely on others to assist you with caring for your children, handling your finances and assets and even for your legal defense in immigration court. The safety plan and documentation can be easily shared with your attorney while you are in detention. One of the challenges that detained individuals face is the lack of communication with their family and attorney. The more information that you can prepare for these individuals in advance, the more secure your future will be.
What is a Family Safety Plan?
A family safety plan is a written document that details your plan for your children, your assets (your property, home, finances, etc.), as well as a central list of important information regarding the medical, legal and employment information for you and your family. A safety plan is stronger if it includes copies of important personal documents such as birth and marriage certificates, medical history documentation, passports, deeds and mortgages, tax returns and financial account statements. These documents make it easier for others to carry out your plan and, if you decide to fight your case in court, may help you with evidence in your case.
Get started with your Family Safety Plan:
Do I need to legally appoint a caregiver for my kids in advance?
Having a family attorney prepare a Power of Attorney document to grant temporary caregiving powers to a trusted individual is a wise idea. This can be prepared in advance, as a safeguard for your children. However, it is generally not necessary to arrange long term solutions for the custody of your children if you are not presently separated by a deportation. Custody and guardianship petitions can be arranged even if you are not present in the United States. Thus, it is not recommended to enter into a guardianship or custody agreement in advance. In the worst case scenario, if you are separated by detention or are deported, then you may want to consider custody or guardianship arrangements. You may also decide to have your child join you at the time of deportation or shortly thereafter. You would need to contact your consulate for more information such a transition, and it is best for the consulate to have your child’s birth registered for this reason.
What about my property?
You may want to get a power of attorney document if you have any properties in the United States and would like to leave a person in charge in case you would like that person to be responsible for your assets or if you would like your assets to be sold.
If you would like to speak with an experienced immigration attorney, please contact the team at Minsky, McCormick & Hallagan, P.C. at (312) 427-6163 or schedule a consultation online.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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