As we approach the transition of power with Donald Trump set to take office on January 20, 2025, it's crucial for immigrants in the U.S. to take proactive steps to secure their futures. The political climate surrounding immigration is about to change, and preparation is key. Here’s what you need to know and do in the next two months.
Major Updates in Immigration
End of Parole in Place Program
A federal judge in Texas has canceled the Parole in Place program, which was designed to keep families together. Although this decision is legally debatable, it underscores the urgency for immigrants to consult with attorneys to explore other legal options.
Potential Use of Immigration Data by Trump Administration
There is speculation that the incoming administration may use data from immigration applications, such as those filed for Parole in Place. While no definitive plans have been announced, individuals should be aware of this possibility and consult with a lawyer if they’re concerned.
Increased Enforcement
Historically, immigration enforcement has intensified under Trump. The government has broader authority near borders and airports, so individuals need to travel with original immigration documents, including green cards, visas, or court orders.
Know Your Rights
Every person in the U.S., regardless of immigration status, is protected by the Constitution.
Right to Remain Silent: You are not required to answer questions about your status or provide documents without legal justification.
Right to an Attorney: If detained, you can request legal counsel.
Right to Not Answer Your Door: Unless a warrant is presented, you are not obligated to open your door to immigration officials.
Practice asserting these rights politely but firmly to protect yourself from unlawful actions.
Actions to Take Based on Your Status
DACA and TPS Holders
Apply for Emergency Advanced Parole: If possible, leave and re-enter the U.S. to improve your status.
Renew Now: Ensure your DACA or TPS is renewed before January 20th.
Consider Marriage-Based Cases: If you’re married or considering marriage to a U.S. citizen, talk with an attorney about adjustment of status options.
Start a Business: If your work authorization may lapse, consider forming a business to secure income.
Visa Holders
Renew or Extend Immediately: Don’t wait until after the transition. Delays are expected to worsen.
Ensure Compliance: Verify that you are following all visa terms.
Those With Pending Cases
Push Forward When Possible: For asylum or U visa cases, consult with your attorney to expedite your case if applicable.
Re-enter the U.S. Immediately: If you are outside the U.S. with a pending case, return before January 20th to avoid complications.
Undocumented Immigrants
Know Your Options: Consult a lawyer to understand if Asylum, VAWA, U/T visas, or family-based options apply to you.
Run FOIA Requests: Ensure clarity on your immigration history, especially if you suspect you may already have a removal order.
Develop a Plan: Create a clear legal strategy tailored to your situation.
Green Card Holders
Petition for Family Members Now: Don’t delay in filing petitions for spouses or children.
Follow the Law: Avoid any criminal activity that could jeopardize your status.
Apply for Citizenship: If eligible, file your application immediately.
U.S. Citizens
File Family-Based Petitions: Start petitions for spouses, children, or siblings as soon as possible.
Check Naturalization Status: If you suspect any issues with how your citizenship was obtained, consult with an attorney.
General Advice for Everyone
File Now, Don’t Delay: The Trump administration has previously rejected applications arbitrarily. Filing before the new policies take effect could protect your case.
Stay Informed: Keep up with immigration news and consult with trusted legal professionals.
The Time to Act Is Now
With limited time before the new administration assumes power, immigrants need to act decisively. Consult with experienced immigration attorneys to navigate this period effectively and maximize your chances of success.
For more personalized advice, reach out to our team at Landerholm Immigration, A.P.C. We fight for your American Dream.