LISINSKI
IMMIGRATION NEWS
This information has been provided by the attorneys
at Lisinski Law Firm to be conveyed to you.
GENERAL QUESTIONS ABOUT THE LATEST CHANGES IN THE TRUMP ADMINISTRATION
-
The Trump administration has announced many new policies, intended actions, and issued many executive orders, but it is still unclear how they will be enforced. Some of these actions might be stopped temporarily in court.
We are watching this process very closely and will update our website as we learn more.
We generally expect that the Trump Administration will try to detain more people than in the previous administration and remove them as quickly as possible. It will be important for everyone to know their rights and plan for these possibilities and take what steps they can to prevent them. Generally, you want to make sure that you always have copies of your legal immigration documents, receipts for pending cases, and documents proving that you have been living in the United States for over two years (if this applies to you). See “documents to have on hand’ section for a list of documents.
-
Although each person’s case is different, we generally recommend filing if you are eligible for it. If the Trump administration is targeting people with your background, you are already at risk. Having a case pending or even receiving some type of documents from a pending case could leave most undocumented individuals in a better position than no case pending.
-
Immigration officials often consider it when deciding whether to detain or remove someone if they have a pending immigration case. It can also be a basis for seeking a stay of removal. However, it doesn’t offer 100% protection.
-
It depends on the type of case and the circumstances. Being outside of the United States could impact if or how your case proceeds. But, if you are removed, please call us and we will review your specific case and circumstances to explain what options there are.
-
At this time, we do not handle cases involving detention or removal proceedings. However, we are working on offering these services in the future. If this happens to you, please call us to find out what help we can provide.
-
Having a work permit does not prevent you from being detained and deported. Sometimes, having a government issued ID can help resolve interactions with law enforcement, however. And, if you are able, we recommend using your EAD to get a state driver’s license or ID which can also sometimes help diffuse those situations.
Many underlying decisions associated with the granting of a work permit may also offer protection against deportation. For example, prima facie decisions in VAWA cases, or bona fide determination letters in T-visa and U-visa cases, or VAWA approvals can serve in some instances as deferred action decisions and stays of removal. If you have one of these immigration documents, make sure to carry it with you.
WHAT SHOULD I DO IF…?
-
The primary thing is to educate yourself and know what your rights are and what to do if you do get arrested or detained. See FAQ “What should I do if I get arrested”
Next, it is important that you carry copies of legal immigration documents, receipts for pending cases, and documents proving that you have been living in the United States for over two years (if it applies).
Examples of Acceptable Evidence:
Bank statements
Phone records
Car insurance documents
Rental lease agreements
Licenses from another state
If you are stopped by ICE and cannot provide proof of at least two years in the U.S., you risk deportation within hours and losing the chance to see a judge.
You can also work on a plan with your family in case you are detained or removed. The Immigrant Legal Resources Center has a Step-by-Step Family Preparedness Plan to help plan for immigration emergencies.
-
If you are detained, remember that you have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you say can later be used against you in immigration court.
You also have a right to speak to a lawyer or to your consulate. Ask for this as soon as possible, because proceedings can move fast when in detention. While we are in the process of creating this service, we unfortunately cannot offer it at this time
If you have valid immigration documents, you should show them when asked. See document section for more detail.
Ask to speak to family and/or friends to let them know what happened. You should have important numbers memorized for this purpose.
-
Stay calm. Don’t run, argue, resist, or fight the officer. Keep your hands where the police can see them and let them know if you need to reach into a glove compartment or for a wallet to show your papers.
If you do not understand them, tell them – “No hablo inglés”.
If you have valid immigration documents or a valid license, you should show them when asked.
If you do not have any lawful documents, you have the right to remain silent. You do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court. You should ask to speak to a criminal attorney if you are arrested.
-
The answer to what may happen at a checkpoint and if the driver is at risk may depend on the type of checkpoint and the state where the checkpoint is located, so we cannot provide a more specific answer to this criminal law question.
However, just like with other interactions with law enforcement, we encourage you to stay calm, polite, and know your rights. Remember that you have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
If you have legal documentation, such as a work permit or driver’s license, make sure you carry it with you. If you have a case pending or any type of approvals, carry copies of your receipts and other documents with you and on your phone. If you have been in the U.S. for over two years, carry evidence of that with you and on your phone.
If you are detained and/or arrested, you have the right to speak to an attorney and are not obligated to sign or hand over any documents without doing so first.
-
You do not have to open the door. Teach your children not to open it either. Do not step outside. Click here to download and print cards with information about your rights.
Ask to see a warrant signed by a judge. Have them slide it under the door. Most ICE warrants are not signed by a judge, they are ICE forms signed by ICE officers and don’t allow them to enter your home without the consent of the occupant(s).
If they don’t have a signed warrant, say you don’t want to talk right now.
If they do have a valid warrant, stay calm. You still have the right to stay silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials.
You have the right to speak to an attorney and are not obligated to sign or hand over any documents without doing so first.
-
Stay calm and don’t draw attention to yourself. ICE cannot enter employee-only areas without a warrant or your employer’s permission.
If approached or asked questions and do not have lawful documents: You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
If you have legal documentation, such as a work permit, make sure you carry it with you. If you have a case pending or any type of approvals, carry copies of your receipts and other documents with you and on your phone so you can show you are permitted to work.
-
If you get arrested, stay calm and don’t run, argue, resist, or fight the officers. Know your rights. If you have a “Know Your Rights” card, hand it to the officer. You have the right to remain silent and you should not answer questions or sign anything until you speak with an attorney.
You should have a criminal attorney represent you in this criminal matter. Tell your attorney your case with Lisinski Law and ask them to send us an authorization signed by you so we can speak to them about your case.
-
Yes, you should let us know. Please call and ask to speak to one of our trained representatives. If it’s a criminal matter, your first call should be to a criminal attorney.
Please keep in mind that we are not criminal lawyers and cannot represent you regarding your arrest, we need to know what’s happening since it might affect your immigration case. We can also evaluate at that time if there are any other immigration services we can offer to help you in that situation.
-
In the past, we have had many clients who have attended ICE check-ins and got to go home. However, it may work differently in the Trump administration, and we are watching this issue closely. Please give us a call if you receive an ICE check-in letter.
You should understand that attending an ICE check-in is legally required, and we cannot tell you not to go. We do want to make sure you understand the risks of whether you choose to go or not to go.
If you go to an ICE check-in, if you have receipts proving that you have a pending immigration case, make sure to take those with you.
-
If you have received some type of removal order in the past, you may be at risk of removal if you attend the ICE check-in. Please give us a call, because we can evaluate whether we can help you prepare a stay of removal to take with you to the check-in. Please be aware that if this is an option, it will require a separate contract and fee. A stay of removal is an application that asks the government not to remove you because you have a pending humanitarian case and are a person of good moral character.
Also, if you have a credible fear of returning to your home country, make sure you tell this to the immigration officer if you are detained and are in the process of being removed.
-
If you do not receive some type of removal order in the past, but you have been in the United States for less than two years, immigration might try to remove you under what is called expedited removal. Please give us a call, because we can evaluate whether we can help you prepare a stay of removal to take with you to the check-in. Please be aware that if this is an option, it will require a separate contract and fee. A stay of removal is an application that asks the government not to remove you because you have a pending humanitarian case and are a person of good moral character.
Also, if you have a credible fear of returning to your home country, make sure you tell this to the immigration officer if you are detained and are in the process of being removed.
-
If you have not been removed in the past and do not have any removal orders, and you have been here for over two years, make sure that you bring proof that you have been in the United States for over two years. If you can provide this proof, you are likely not at risk of being removed if you attend, but there is a risk you will be detained for the duration of immigration court proceedings.
-
If you do not go, immigration could go to your home or workplace and pick you up. The consequences of not attending could make it worse for you as you’d failed to appear and would hurt your chances of getting a stay of removal approved and could affect other immigration options.
-
This is something that you should be preparing for. The Immigrant Legal Resources Center has a Step-by-Step Family Preparedness Plan to help plan for immigration emergencies and addresses creating a childcare plan. If you have more questions about how to ensure your child is cared for if you get deported, please contact an attorney that specializes in family law in your state.
-
We do not know where immigration will carry out raids. The Trump administration has announced that they will no longer ban immigration from performing immigration arrests at schools, churches, or medical facilities. The Trump administration’s announcement tied this decision to finding individuals with criminal histories and did not indicate that children were a focus.
QUESTIONS ABOUT RISK/RISK REDUCTION
-
We understand that this is a scary time, and there is still a lot of uncertainty regarding what steps the Trump administration is going to take and who and where they are targeting. We are continuing to watch and update our guidance as we learn more.
You should be aware that there is always going to be a risk of going out in public without documentation. The Trump administration has announced that they are targeting people with previous removal orders, people who entered the country recently, and people living in sanctuary cities or near the border. If you fall into one of these categories, your risk may be higher.
This is a personal decision—you must weigh the risks and decide what activities to continue. We want to make sure that you are informed of the risks and can make an informed decision.
You should be aware that there is always going to be risk of going out in public without documentation. The Trump administration has announced that they are targeting people with previous removal orders, people who entered the country recently, and people living in sanctuary cities or near the border. If you fall into one of these categories, you may face higher risk than others.
It is a personal decision regarding what activities you choose to continue and those you do not. We want to make sure that you are informed of the risks and can make an informed decision.
If you do go to work or school or out to other places, remember to take documents with you that: show you have been in the United States for more than 2 years (if true), that you have an immigration case pending (or approved), and any immigration approvals. Also, be sure to know your rights if you do have an encounter with law enforcement.
If you do choose to go to work, school, or other public places, carry documents that prove: you’ve lived in the U.S. for over two years (if true), you have a pending or approved immigration case, and any immigration approvals you’ve received. Be aware of your rights in case of an encounter with law enforcement.
-
You should be aware that having an outstanding order of removal does increase the risk that you getting removed if you are picked up by immigration. However, it does not necessarily mean you will be targeted immediately.
Because of the risk, however, you should start to prepare for what to do if this does happen.
First, we recommend that you File a third-party authorization with us so we can communicate with a trusted family member or friend if you are detained. If this happens, your family should contact us immediately, as removals can happen quickly.
Second, have a plan in place with your family in case you are detained or removed.
Third, keep documents related to your immigration case or any approvals with you at all times.
Finally, if you have a credible fear of returning to your home country, make sure that you express that to Immigration if you are arrested or detained.
-
At this time, based on these factors, it does not sound like you are a priority target for the Trump administration, and hopefully you will not have any interactions with immigration or law enforcement.
If you are picked up by immigration, you may be at a lower risk than others of being detained or placed into removal proceedings, but there is still a risk.
If you have been in the United States for less than two years, Immigration may try to remove you quickly through what is called expedited removal. If you are detained in this situation, and if you have a credible fear of returning to your country, make sure you tell immigration that because you may be entitled to go through the asylum process before being removed.
If you have been in the United States for two years, and you should carry copies of documentation proving it, and you still have certain legal and constitutional rights. You have a right to a hearing and to have a judge review your case. That process can take years in some cases, and you can remain in the U.S. until a final decision is made. However, immigration may try to detain you while these proceedings occur, and if that occurs you should contact an immigration attorney that handles immigration bond proceedings to see if they can get you released on bond.
-
We do not recommend traveling currently, until we can see how the Trump administration is going to treat travel. When Trump was president last time, he did not affect or try to cancel travel permits. And so far, we haven’t seen any direct signs that the administration plans to change this. But, to be cautious, we recommend not traveling at least until a few months into the new administration. This will give us time to monitor the situation, and learn if there are any cases of people having trouble returning and detect any changes in travel policies. Keep eyes on our social media or our travel guidance website for updates. And if you have a family emergency and need to travel, please know that we can't eliminate risk and that you should follow the guidelines here for T-Visa or here for VAWA.
QUESTIONS ABOUT SPECIFIC TRUMP ACTS/ORDERS
-
The Laken Riley Act recently passed Congress. Although the Federal Government always had the option of detaining undocumented individuals in removal proceedings or with criminal background, this law requires immigration to detain immigrants who have been accused of theft, including minor offenses like shoplifting. The law takes away the right to bond in those situations.
We expect this law to face legal challenges, as it may be deemed unconstitutional. It’s still unclear how the government will enforce this, but we will continue monitoring the situation.
-
Birthright citizenship, guaranteed by the Fourteenth Amendment of the U.S. Constitution, means that anyone born on U.S. soil is automatically a U.S. citizen.
President Trump recently issued an executive order attempting to stop the recognition of birthright citizenship. However, a federal judge has already paused this order. Importantly, this does not affect children already born in the United States.
We will continue to watch developments.
-
Expedited removal is a process that allows the government to deport undocumented immigrants quickly and without a hearing. Previously, this applied only to individuals who recently entered the U.S. and were near the border.
Under a new rule, expedited removal can now apply to undocumented immigrants anywhere in the U.S. if they cannot prove they’ve been here for more than two years.
You should start gathering proof that shows you’ve been in the U.S. for at least two years and keep it with you at all times. Good examples include bank statements, phone records, car insurance documents, rental or lease agreements, licenses issued over two years ago.
If you are stopped by immigration and cannot provide this type of evidence, you risk deportation within hours or the chance to see a judge.
Remember, if you are afraid to return to your home country, make sure you tell immigration because you may be entitled to go through the asylum process before being removed.
-
At this time, we do not know if or when Trump will attempt to cancel the DACA initiative. Even If DACA is terminated, how it will affect your lawful presence and work permits depends on the specific announcement by the President and how the government implements the change.
We expect legal challenges if President Trump attempts to do this.