The start date of mass deportation is January 20, 2025. All immigrants are already preparing for their options against mass deportation. When the ICE knocked on your door, ask for a warrant. Do not let them in because chances are they do not have a warrant issued by a court of proper jurisdiction.
The difference this time against the last Trump administration is there are lots of families with mixed immigration status that are subject to removal. According to Tom Homan, the newly appointed border czar he will find all undocumented in the U.S. and put them in concentration camp ready to be deported. With regards to mixed families, he will allow the citizen and green card holder to be deported with their relative who is undocumented.
The compelling question is what are the choices for undocumented inside the U.S.?
If you have no documents showing a valid stay you are technically undocumented. There are only two choices available when you are in this situation. One is to file for adjustment of status based on marriage to a U.S. citizen or based on a petition that is already current in priority date. If you do not have this option, your only choice is to file for asylum to avoid deportation. Asylum is an international law that the U.S. government is a signatory, and they will have to honor this law. If you are afraid to going back to the Philippines because of persecution by the NPA or by the government, you can probe your eligibility with proper documents. You need to consult with an immigration attorney on this matter.
There are currently more than two million asylum cases pending in the U.S. Of those cases more than 780,000 affirmative asylum cases are pending with USCIS office. These backlogs resulted in waiting time for asylum applicants for up to seven years without adjudication. With this situation if you are waiting for the priority date of about seven years you may file asylum if qualified so that you would have protection if you encountered threat of mass deportation along the way. There is no conflict if you have two applications pending on your behalf as long as you have the required proof.
Who are primarily affected by Trump mass deportation?
Trump promised to prioritize deporting immigrants with criminal records. This will include immigrants who have cases pending in court and those already decided but the alien is still serving jail time or probation. If they are not yet U.S. citizens, the government may still deport them
Are family petitions and employment-based petitions affected by the mass deportation?
Generally, they are not affected but we expect strict implementation of the law and more processing time.
What other preparations should undocumented do?
Undocumented should contact an immigration attorney to handle their case so that they know what to do and to contact whenever there are problems coming their way. They should also renew their passport and have their birth certificate and marriage certificate available. In addition, they should have the contact phone number of all their relatives and friends who they need to contact in case of emergency. The most compelling action is to file any application with USCIS for adjustment of status or asylum before Trump assume office on January 20, 2025. He always said that he will issue a mass deportation order on Day 1 of his term of office.
Note: This is not a legal advice.
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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
