President Elect Trump has already vowed to “launch the largest deportation program in American history” on day-1 of his presidency. Deporting millions of immigrants in 4 years is almost certainly impossible and would cost hundreds of billions of dollars, but the effort to do so will undoubtedly ensnare many immigrants in years-long legal battles. We recommend immigrants, both documented and undocumented, prepare for Trump’s second term as follows:
- 1. Don’t panic. You may have options and even individuals in deportation proceedings have rights.
- 2. Work with a qualified immigration lawyer. Find an experienced and trustworthy immigration lawyer to assess your case and understand your legal options. Do not work with a notario. “Notarios,” notary publics, immigration consultants, and businesses cannot give you immigration legal advice unless they are authorized legal service providers.
- 3. Extend DACA and apply for Advance Parole. If you have DACA, file your extension as soon as possible, even if it expires more than 6 months from now. It’s better to get some extension now than no extension later. Additionally, apply for Advance Parole now, before the discretionary travel benefit is terminated. Travel on Advance Parole may later help you apply for a green card, but consult with your immigration lawyer before traveling abroad.
- 4. Extend TPS and apply for TPS Travel Document. If you have Temporary Protected Status (TPS) and are eligible to extend it, file your extension as soon as possible. Additionally, apply for a TPS travel document as soon as possible. Travel on a TPS travel document may later help you apply for a green card, but consult with your immigration lawyer before traveling abroad.
- 5. If you have U4U, Apply for TPS Too. Ukrainians in the U.S. pursuant to Uniting for Ukraine (U4U) should also apply for Temporary Protected Status (TPS) and maintain both U4U and TPS. TPS is significantly harder to cancel than U4U because TPS is based on regulations, whereas U4U is based on an executive order of the President.
- 6. Apply for U.S. citizenship. If you are eligible for naturalization, apply now before processing times and requirements change. Most permanent residents have to wait 5 years before they may be eligible for naturalization, but spouses of U.S. citizens and members of the U.S. military can apply sooner.
- 7. Apply for other immigration benefits for which you are eligible. If you are eligible for any other immigration benefit, like a waiver, green card, etc., apply for it as soon as possible before the process takes longer and becomes more difficult. Note that the president alone cannot change most of the immigration benefits that exist, nor their legal requirements.
- 8. Obtain original identity documents. Immigrants and their immediate family members should obtain identify documents, including birth certificates, adoption records, marriage certificates, divorce decrees, consular identifications, etc. For foreign documents, you may need to contact your country’s consulate. These will be necessary in the event of any immigration case.
- 9. Obtain criminal records. Any immigrant with a criminal record should get certified final court dispositions for any and all arrests and conviction, including expunged arrests and convictions, both in the United States and in any foreign country. These can usually be obtained at the court’s office of records, or from the police department’s records office where the arrest occurred. If you are uncertain, you may need to get a rap sheet from the FBI
- 10. Obtain copies of all prior U.S. immigration records. If you have ever had any contact with any immigration authorities, you should obtain copies of all of your records and may need to file a Freedom of Information Act (FOIA) request with the appropriate government agency to obtain a copy of your records. Since immigration involves multiple different government agencies, different FOIAs may be necessary depending on the type of contact you previously had with immigration authorities, including S. Citizenship & Immigration Services (USCIS), Executive Office of Immigration Review (EOIR), Customs & Border Protection (CBP), Office of Biometric Identity Management (OBIM), Immigration and Customs Enforcement (ICE), and Department of State (DOS).
- 11. Know your rights. Educate yourself on your rights in the event that immigration comes to your home or your work. Ask if you are free to go. If they say “yes,” then walk away. If they say “no,” you have a right to remain silent. Do not consent to their searching your house, your car or your body. Do not lie or show false documents. Do not sign anything you do not understand or in a language you do not understand. Ask to speak to a lawyer. For more information, visit: https://www.immigrantdefenseproject.org/know-your-rights-with-ice/
- 12. If you are undocumented, carry evidence of being in the U.S. for at least 2 years. Individuals who can show proof of being physically in the U.S. for at least 2-years are not subject to expedited removal. You can save this evidence on your phone.
- 13. Obey traffic and criminal laws. Both documented and undocumented immigrants risk immigration action in response to violations of traffic and criminal laws. Note that the State of Illinois and some other jurisdictions prevent local law enforcement from participating in immigration enforcement, but this is not true nationwide.
- 14. Apply for a Driver’s License, if available. Some states, like Illinois, allow undocumented immigrants to apply for a Temporary Visitor Driver’s License (TVDL) if they are not eligible for a regular Driver’s License. Having a Driver’s License prevents additional scrutiny in the event of a traffic stop.
- 15. Carry ID and evidence of status or pending immigration applications. All immigrants who are not yet U.S. citizens, including green card holders, should carry evidence of their status or pending immigration applications in the event of any interactions with immigration officials.
- 16. Undocumented immigrants should avoid travel to areas within 100 miles of the border and to U.S. territories. ICE has jurisdiction to conduct random checkpoints within 100 miles of the border and there is increased immigration presence on U.S. territories, like Puerto Rico and the U.S. Virgin Islands. Additionally, travel to U.S. territories carries the risk of an unscheduled stop (e.g. due to weather or to refuel) on another island that is not a part of the U.S., thus leaving the U.S.
- 17. 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.
- 18. Make a plan. Make a safety plan in the event that you get caught up in an immigration action. Identify an emergency contact and memorize their phone number. Make sure they know who your immigration lawyer is and how to contact them. Provide your child’s school or daycare an emergency contact and authorize them to pick up your child. Authorize the emergency contact to make medical and legal decisions about your child. Keep passports, proof of your physical presence in the U.S., and financial information in a safe place, authorizing your emergency contact to access them if needed.
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 ready and able to support our clients through the uncertainty and challenges under Trump 2.0