The Trump administration is about to release new orders for both immigration enforcement at the border and away from the border (the interior). Drafts of the memos have been leaked. It appears they are being reviewed and will go into force very soon – in a matter of days. I’ll publish links when they’re officially released. Trump has also said they’re going to issue a new “travel ban” The first Executive Order on travel from certain countries and on refugee admissions is on hold after the 9th Circuit Appeals Court ruled against Trump.
Here are some of the most important provisions of the new memos. Remember these are not yet official and can be changed.
- DACA is still in effect. The memos do not rescind or end DACA (Deferred Action for Childhood Arrivals).
- Anyone in the country without authorization is at risk of being deported (removed). This applies to those who entered without authorization and to people who overstayed their entry visa or have been in breach of it – for example, a visitor visa does not allow you to work so that would be a breach.
- The latest memo lists the following as priorities for removal: those convicted of crimes; known to be involved or suspected of security, terrorist and related activities; made misrepresentations to gain immigration benefits or made false claims to U.S. citizenship. (If you want to look up all the details, google “Sections 212(a)(2), (a)(3), and (a)(6)(C), 235(b) and (c), and 237(a)(2) and (4) of the Immigration and Nationality Act (INA)”).
- The government is trying to increase use of “expedited removal” which means removal without a hearing before a judge. If you have been in the U.S. for two years you have a right to an immigration court hearing. Be prepared to show evidence you’ve been in the U.S. for the last 90 days and longer if possible.
- State and local law enforcement are authorized to act as delegates of the federal government in these enforcement efforts under Section 287(g) of the Immigration and Nationality Act (INA). Some states, including Oregon and Washington, have laws against such cooperation, and there were numerous court orders against this when the Obama administration used 287(g) a few years ago.
- If a person is apprehended at the border, the default option will be mandatory detention. There are limited reasons that a person will be released to wait for an immigration hearing or interview.
- More enforcement officers are to be hired as soon as possible.
What should you do if you’re not a green card holder or U.S. citizen, or even if you are?
- Know Your Rights! You don’t have to open the door for ICE unless they have a signed warrant. Remain silent. Don’t sign any documents without legal advice.
- Carry proof of your citizenship, green card status or other legal status and a work permit (EAD) if you have those. Carry proof you’ve been in the country for at least 90 days or longer if possible. DO NOT carry proof of your immigration status unless it’s currently legal. Do not carry false documents or ID.
- Prepare for the worst for your family, especially your children. Make a plan and talk to them. Get documents in order. This is really happening and it’s better that you tell them what’s going on and plans you’re making.
- Apply for U.S. citizenship if you’re eligible. There are millions of green card holders who are eligible.
- Consult an immigration attorney or non-profit agency now to see if you have any legal options. DO NOT go to notarios or give money to people who promise they can fix your status; they can make things worse. No one should be making promises to you.
- Find out what immigration and other groups are doing in your area and how to find out information on ICE raids. DON’T believe rumors on social media which are often false.
- Here are excellent guides to help you:
Spanish: If you’re in Oregon or anywhere in the U.S. Also preparing a plan (Spanish).
English: If you’re in Oregon or anywhere in the U.S. Also preparing a plan (English).
