Urgent: Visa overstays are now Trump enforcement priorities!?

The Trump administration recently unleashed a whole new level of immigration enforcement that has sent shockwaves, fear and anxiety among the immigrant community. In particular, the Trump administration released an announcement effectively saying that people who overstay their visa could be considered enforcement priorities.

“At the direction of the Secretary of Homeland Security Kristi Noem, US Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE) and US Citizenship and Immigration Services (USCIS) are ramping up the review of immigration records and will take immediate appropriate actions to crack down on visa overstays stemming from the Biden Administration’s failure to enforce the law.”

What this means is that a person who entered the US legally on a non-immigrant visa, such as a tourist visa, student visa, etc., but overstays and is out of status, would now be considered an enforcement priority. This is a radical departure from Trump’s campaign promises and policies when he was first elected. When he first came down the escalator at the Trump Tower to announce he was running for president, he made the point that he would focus enforcement priorities on criminals and gang members.

His executive orders emphasized the fact that the government understood its “sacred obligation to prioritize the safety, security and financial and economic well-being of Americans.” Accordingly, it would be the policy of the US to enforce immigration laws against all inadmissible and removable aliens, “particularly those aliens who threaten the safety or security of the American people.”

It was understood that visa overstays were not necessarily considered threats to public safety or national security. For the most part they are effectively “law-abiding,” coming to America to work hard and contribute and desperately seeking a way to legalize their status. True, visa overstays were violating immigration law and are subject to deportation or removal. But it was always viewed that their violation was like jaywalking or driving two miles over the speed limit. Yes, they were breaking the law, but the government should spend its time going after the felons, gang members and terrorists, rather than people who overstayed their visa and are desperately seeking a way to legalize their status. But with this recent announcement, that may no longer be the case.

Recently in the news there are stories about an ICE raid at a nail salon, at a graduation ceremony where parents were looking forward to seeing their children graduate and at a Home Depot, where workers typically gather outside for day jobs. Anti-ICE protests in Los Angeles are erupting, which are turning into riots. The National Guard is being called out to help control the situation.

I know this can be a challenging and traumatic time for those who are out of status, including visa overstays, as well as their families. But here are some things you may want to consider now that the Trump administration is getting even more strict:

Consult with an attorney to consider what options may be available for you to legalize your status or possible claims for relief or deportation defense if you are caught.

I have already posted a video on my YouTube channel, US Immigration TV, on what to do if ICE visits your home. You may want to view that video for some tips.

Consult with an attorney before filing anything to make sure you are eligible, you have all the necessary documents/evidence and the forms are filled out correctly to lessen the chance of denial.

You may even want to have an attorney represent you at any hearing or interview to make sure your case is explained well and there’s no miscommunication, which could result in a denial. In fact, I have heard of some cases where ICE is waiting at USCIS interviews to pick up people.

I am aware that people are so afraid they are not even going outside, out of fear of ICE picking them up, whether it’s to graduations, parties or even to shop at Home Depot. I am monitoring the situation and continue to bring you the latest news and updates.

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