What can we expect from the second Trump administration for people without lawful immigration status? Increased enforcement, detention, and removal.

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Throughout the campaign, Trump was clear about his intention to dramatically increase immigration enforcement, promising mass deportations on Day One. While it is unlikely that the new administration will have the ability to deport large numbers of people immediately after taking office, we will certainly see a significant shift in immigration enforcement, with all individuals in the United States without a lawful status viewed as a priority for removal, regardless of their criminal history or lack thereof.

Under Trump, we will see the Department of Homeland Security (DHS) and Immigration & Customs Enforcement (ICE) turn to local police and sheriff’s departments to assist in the enforcement of immigration laws at a local level. We will see the Trump administration try to loosen the standards for immigration detention facilities, potentially paving the way for building “soft-sided facilities” (i.e. tent camps) to detain large numbers of people.

We will see the Trump administration try to expand and extend expedited removal, a process normally used along and proximate to the United States border, throughout the entire country, attempting to remove individuals without standard due process protections.

We will see immigration raids conducted in sensitive zones: schools, courtrooms, hospitals, and places of worship, as well as workplace immigration raids.

For us in Colorado, we are particularly concerned with the incoming administration’s announcement that its initial enforcement will begin with “Operation Aurora,” here in Colorado.

Regardless of immigration status, individuals in the United States have due process rights prior to removal from the United States. Now more than ever, it is critical that everyone knows their rights, if they come in contact with DHS or local law enforcement.

We anticipate the first people sought out will be those with existing removal orders whom the government knows are still in the United States, with a priority on those detained. However, ICE also has to work with the receiving country to accept the individuals being deported and is limited by the number of flights allowed to those countries.

The threat of mass deportations has already created an atmosphere of fear and uncertainty in our community, the team at Kolko & Casey, P.C. stays up to date about immigration policy changes, local immigration enforcement activities and utilizes all available legal resources to best prepare and help our clients and community.   We will continue to provide updates regarding changes in policy and law throughout the administration, to ensure our clients are well informed.

What can you do to prepare for the second Trump administration? Act now. 

• If you are currently in removal proceedings, whether they are administratively closed or active, review your eligibility for prosecutorial discretion with your immigration attorney right away.
• If you do not have a lawful immigration status and entered the United States more than two (2) years ago, you should not be subject to expedited removal (experiencing deportation without appearing before an Immigration Judge). Carry evidence with you of your physical presence in the United States for the past 2 years (lease agreements, tax returns, paystubs, etc.) and be prepared to advocate for yourself if you have contact with an immigration law enforcement official.
• If you are considering applying for an immigration benefit, or sponsoring someone for an immigration benefit, consult with an experienced immigration attorney to understand the potential risks before you apply.
• If you are currently paroled into the United States, have DACA, or have TPS, consult with an experienced immigration attorney to determine whether you have any other options available to you.  This is especially important for those who have not consulted with any attorney before or have not consulted with an attorney since first getting their status.
• Make sure your legal documents are safe and secure, and that you have a photocopy – passports, marriage certificates, divorce certificates, birth certificates, diplomas, etc.
• Know your rights!

For more information, please contact Kolko & Casey, P.C. to schedule a consultation with one of our experienced attorneys on your future or ongoing immigration matter.