Top 4 Things You Need to Know About Immigration Enforcement Under Trump
As president, Donald Trump has unquestionably created significant uncertainty in many areas of law, especially immigration. Here are some things that you should know about immigration enforcement under the Trump administration.
More Personnel
The president has indicated that he plans to hire 5,000 more border patrol agents and 10,000 more Immigrations and Customs Enforcement (ICE) officers. Some observers believe this may result in a task force without sufficient training, potentially resulting in improper enforcement of the laws.
Enforcement Priorities Have Been Substantially Expanded
Under the Obama administration, only aliens who had committed serious crimes were considered a removal priority. Now, however, anyone who is in the country illegally or has committed or even been accused of a crime has been designated as an enforcement priority. According to a memo issued by the American Immigration Lawyers Association, DHS will detain nearly anyone it takes into custody (including individuals without criminal convictions) until they are
- Removed from the country
- Are required to be released by statute or due to a binding judicial order or settlement
- Hold valid immigration status or become a U.S. citizen
- Are determined to have a valid fear of persecution by an asylum officer or immigration judge
- Are paroled into the U.S.
Local Law Enforcement May Get Involved
Trump has indicated that he would like assistance with immigration enforcement from local and state law enforcement agencies. ICE is seeking to expand 287(g) program, under which law enforcement agencies are allowed to act as agents of ICE.
DACA is Still in Place
The Deferred Action for Childhood Arrivals Program, which allows certain undocumented individuals who came to the United States as children to work and live in the United States for two-year increments while any removal action against them is deferred, continues under the Trump Administration. The future of the law in uncertain, however, so anyone in the country under the provisions of DACA should pay careful attention to the law and discuss their options with a lawyer.
Undocumented Individuals Who Have Been in the U.S. for Less than 2 Years May Be Removed without a Hearing
If you are detained by ICE officers and cannot prove that you have been in the country for more than two years, you may be removed from the country without a hearing. As a result, if you are undocumented, it is advisable to always carry paperwork proving that you have been in the country for more than two years to ensure that you are able to get in front of a judge.
Call 201-703-9400 today for more information.
If you have questions related to immigration law or currently have a pending case in court, you should speak to an attorney as soon as possible. To schedule a consultation with New Jersey crimmigration attorney Ronald P. Mondello, call our office today at 201-703-9400 or contact us online.
