MMH Stands With Immigrants Facing Anxiety After Trump is Re-elected

Many of our clients are worried about their immigration status or pending immigration case in light of former President Donald Trump being re-elected as president of the United States. As the future of immigration policy remains uncertain, it is understandable to feel anxious about what changes might come with a new administration.  Whether you are seeking to adjust your status, apply for citizenship, or defend your rights in immigration court, the landscape may seem daunting, but you do not have to face these challenges alone.

The attorneys and staff at Minsky, McCormick and Hallagan, P.C. (MMH) stand with our clients and the millions of immigrants living in the United States who will be impacted by what we expect to be a difficult 4 years ahead. Nevertheless, we are not powerless and together we will get through this.

Founded in 1975, our firm has nearly 50 years of experience handling all areas of immigration law through many different administrations and challenges, including Trump 1.0.  We are deeply committed to advocating for immigrants’ rights and ensuring you have the legal support you need.  We are ready and able to support our clients through the uncertainty and challenges under Trump 2.0, which we expect to include: increased processing times of immigration benefits; harsher deportation priorities, including detention; enhanced asylum restrictions; elimination of temporary relief programs such as DACA, TPS and United for Ukraine (U4U); travel bans; stricter interpretations of requirements for employment based visas, such as H-1B visas; and expansion of immigration raids. Additionally, we do not expect any meaningful immigration reform that would help immigrants in the U.S.

The next 4-years will not be easy, but we have been here before and are no strangers to fighting back against former President Donald Trump’s anti-immigrant policies.  Importantly, the transition from the Biden Administration to the Trump Administration will not take place until inauguration day on January 20, 2025. Until then, the rules and policies in place under the Biden Administration still apply. In the meantime, here is how we anticipate your case may be impacted during Trump’s second term.

Cases before USCIS

Employment-based clients, such as those on an H-1B, L-1, TN, O-1, or R-1 visa may feel urgency to file their cases quickly. Presently, there are no new rules or changes in place to alter any of the employment-based visa programs. Once the Trump Administration assumes power on January 20, 2025, it will take time for any new policies to take effect. In the past, such changes took the form of lengthy delays, complex Requests for Evidence (RFEs), and an increase in denials. We cannot know how the next administration will unfold, but we are prepared for increased scrutiny and longer processing times across the board. We are ready to advise and assist with challenges to individuals in the U.S. on temporary work visas.

Individuals with DACA, TPS, Parole status (U4U or CHNV) may wonder if they should renew their status. Keep in mind that if you are in the position to renew, your data is already shared with the Department of Homeland Security. In our experience, filing for a benefit is a wiser option to protect your status than the alternative of remaining vulnerable to removal proceedings. We would urge filing renewal applications at the earliest available date due to increased risk to these programs. We do recommend that DACA beneficiaries apply for their extensions very early, even within 1 year of its expiration, in order to obtain benefits of the status for as long as it continues to exist. MMH is also ready to assist you in exploring alternative options to remaining in the U.S. in the event that your temporary status is terminated.

Green Card Applications

The president and his administration cannot change the number of immigrant visas (green cards) available each year. These numbers are determined by federal law and changing it would require major legislation to be passed by Congress. Historically, immigration legislation is extremely difficult to achieve, and we do not anticipate changes to the categories of individuals who can be sponsored, whether that be by a family member or an employer. Therefore, if you have a pending green card application, we do not anticipate changes to your eligibility, but you may experience longer processing times or additional scrutiny, including Requests for Evidence (RFE). If you are an applicant for an immigrant visa through the U.S. Department of State’s (DOS) consulate abroad, you may also see increased wait times and increased discretionary denials of immigrant visas. Our team of advocates will continue to provide up-to-date advice to facilitate the immigrant visa process and is ready to assist you in the face of challenges or delays to your green card process.

Litigating an Unjust Denial

If Trump’s 1^st term is an indication of what to expect, we anticipate an increase in unjust denials of various immigration applications and a need to litigate those denials. MMH attorneys are prepared to appeal unjust denials to the Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), or in Federal District Court. We have attorneys admitted to practice before the U.S. District Court of the Northern District of Illinois, as well as a seasoned and zealous litigation team before the Immigration Court. Whether you have an employment-based case, family-based case or are already in deportation proceedings, your case is important to us and we will provide you with critical advice following a denial. While denials are generally rare, even under Trump 1.0, we are prepared to fight for you after a denial.

Asylum Seekers and Deportation Proceedings

We expect to see challenges to those with active deportation proceedings and those who have affirmative asylum applications pending. It is more important than ever to stay in touch with your attorney and identify any alternative relief options available to you, and file for your employment authorization document (EAD) renewals on time. We will likely see delays in some areas, challenges to benefits, and enhanced deportation efforts.

While we anticipate an increase in the number of deportation cases already pending before the immigration court and increased delays, it is possible as well that the administration may attempt to expedite certain cases and fast track deportation operations depending on their priorities. Our office stands ready to safeguard your legal rights and to ensure due process.

What to Do Now

1. Do not panic. There is a lot we don’t yet know. Even though the 1^st Trump term was difficult on immigrants and we can expect difficulty ahead, we are not powerless and you may have options. Even individuals who are undocumented and at risk of deportation are entitled to due process. They have a right to a hearing in front of an immigration judge before being removed from the U.S. and have a right to hire an attorney (at their own expense) and to fight their deportation through a variety of ways.
2. Work with a trustworthy and experienced immigration lawyer. Now, more than ever, it is important for undocumented and documented immigrants to retain an experienced immigration attorney to evaluate and advise them on their options and to stand by them in the face of an uncertain future. We encourage you to connect with our team of experienced immigration attorneys so that we can provide accurate information and ongoing support.  No matter the political landscape, you can count on us to be your advocate and to fight for the outcome you deserve.
3. Be aware of scams. We also encourage you to be alert and to avoid immigration scams and fraud. During times of change, we often see an increase in scams that can result in detrimental consequences to your immigration case. Be aware of immigration scams where an alleged government official asks for payment or personal identifiable information over a call. If you receive a call or notice from someone purporting to be working with immigration, contact your attorney to verify its authenticity before responding.

Although the next 4 years will be full of uncertainty, we are here to help you. Immigration law is always changing, regardless of who is President, and our firm has nearly 50 years of experience fighting for immigrants.