Donald Trump has been reelected as president, and the Republicans have gained control of the Senate. If you are a non-citizen, especially if you are out of status, I know you must be nervous, anxious and scared, and some of you are possibly thinking about giving up and getting on a plane and going back to your home country.
We are all aware that Trump made immigration one of the cornerstones of his campaign. He has vowed to complete the construction of the border wall and conduct the biggest mass deportation of illegals from the US in history.
From the time he first came down the escalator in Trump Tower to announce he was running for president in 2015, he has spoken harshly about people who want to immigrate to the US. If you remember, Trump described immigrants as rapists, criminals, terrorists “and maybe there are a few good ones.” For the most part, he had a negative view of immigrants. And the fact that he was reelected with such harsh anti-immigrant rhetoric shows that most US voters agree with his policies.
However, during his acceptance speech on election night, Trump offered some hope. He said that he really was not against immigration or immigrants, as long as they immigrate LEGALLY.
This statement by Trump is critical to people who hope to remain in the US with their families and achieve the American dream. To survive and succeed under Trump, you must do it legally.
And that’s where having an attorney to handle your immigration matter becomes critical during the Trump administration. I know people think they may have a simple and straightforward case and don’t need to hire an attorney. They can do it themselves and save money. While that is true (you can do it yourself), I want to remind you of what it was like during Trump’s first term:
• Zero tolerance policy, where officers were instructed to show no mercy, compassion or discretion. It was almost as though they were looking for ways to deny cases.
• Denial of a petition or application if it was missing a document, such as a birth certificate or marriage contract. In the past and during Biden’s term, if some document or information was missing, the US Citizenship and Immigration Services (USCIS) would issue a request for evidence (RFE) to give a person time to provide the missing information or document. Under Trump, they were just outright denying the case.
• Putting people in deportation if their petition or application was denied. During Trump, the policy was that if a petition or application was denied, the officer should evaluate if the denial put the person out of status. If so, issue a notice to appear (NTA) and put them in deportation. In one case, a visitor applied for an extension of stay to visit for a couple of extra weeks. The extension was denied after his original authorized stay expired, and he was put in deportation. By law, he was supposed to remain in the US for his hearing, which could take up to three years because of backlogs at immigration court.
Trial attorneys (TA) would refuse to stipulate or agree to anything, such as a motion to reopen a deportation proceeding so a person could now get a green card. They would fight, oppose and appeal everything.
So, with Trump as president, his strict stance on immigration and his vow to focus on enforcement and deportation, it is all the more important that you have an attorney help you, so you can, as Trump suggested, do it “legally.”
We all know that in the coming months and years, Trump will make radical changes to immigration. I will use this column and YouTube channel (US Immigration TV) to update you on all news, laws and developments during Trump’s term.