Who Can Be Targeted For Mass Deportations Under Trump?
24 November 2024Who Can Be Targeted for Mass Deportations Under Trump?
Mass deportations have become a central topic of concern under policies initiated during the Trump administration and their lingering effects. For immigrants in the United States, this phrase evokes fear and uncertainty. It’s critical to understand who might be targeted for removal and the legal nuances of such policies.
As a New York Immigration Lawyer, I aim to shed light on these pressing issues. If you or a loved one fears deportation, keep reading to understand who may be targeted and how to protect your rights.
What Does “Mass Deportations” Mean?
The term "mass deportations" refers to the removal of large groups of individuals from the United States, often without individualized hearings or extensive due process. Under the Trump administration, the focus shifted to aggressive enforcement of immigration laws, including expedited removal and prioritizing individuals with criminal records or prior orders of deportation.
Immigration and Customs Enforcement (ICE) adopted a broader interpretation of enforcement priorities, creating a climate where more people—documented or undocumented—feared deportation. Even minor violations could lead to detention and removal proceedings.
Key Groups Targeted for Deportation
1. Individuals with Criminal Records
One of the most significant groups targeted under Trump’s immigration policies were those with criminal records. While this might seem straightforward, the definition of "criminal" often includes nonviolent offenders or individuals who have already served their sentences. Here’s what you need to know:
- What Counts as a “Crime”? Crimes that can make someone deportable include aggravated felonies, drug offenses, and crimes involving moral turpitude. However, even minor infractions such as driving without a license or a DUI could draw attention from immigration authorities.
- Sanctuary Cities Are Not a Shield While cities like New York have policies to protect undocumented individuals, ICE operations frequently target people with criminal histories in sanctuary cities.
- Criminal Records and Green Card Holders Even lawful permanent residents (green card holders) can be deported if they are convicted of certain crimes. Many immigrants wrongly believe that having a green card protects them from deportation—this is a dangerous misconception.
2. Individuals with Outstanding Orders of Removal
Another primary target for deportation are individuals with outstanding orders of removal. These are people who have already been ordered to leave the United States but remained in the country.
- Who Has Outstanding Orders? Many people in this category are unaware they have been ordered removed. For example, some may have missed a court date or misunderstood the immigration process.
- Increased Enforcement Under Trump, immigration officials intensified efforts to locate and deport individuals with outstanding orders. Operations targeting homes and workplaces became more common.
- No Path to Appeal If you have an existing removal order, you may not be entitled to a hearing or review before deportation. That’s why it’s critical to consult an experienced immigration lawyer if you believe this applies to you.
3. Individuals Subject to Expedited Removal
Perhaps the most alarming policy is the expansion of expedited removal, which allows immigration officers to deport certain individuals without a court hearing.
- Who Is at Risk? Previously, expedited removal applied mainly to individuals apprehended near the border. However, under Trump’s policies, it expanded to include anyone who:
- Has been in the U.S. without proper documentation for less than two years.
- Cannot prove continuous physical presence in the U.S. for the required period.
- Due Process Concerns Expedited removal bypasses many of the legal protections immigrants typically have. Individuals can be detained and removed without seeing a judge or consulting an attorney.
- Document Everything If you are undocumented or ineligible for certain statuses, keep proof of your time in the U.S., such as rent receipts, utility bills, or affidavits from friends and family. These documents may be crucial in proving your eligibility to remain.
Other Groups at Risk
Beyond these three primary categories, other groups have also been targeted for deportation under Trump-era policies. These include:
- Asylum Seekers: Applicants who are denied asylum may be placed into removal proceedings. With stricter asylum policies, many individuals were forced into this position.
- Visa Overstays: Individuals who entered legally but overstayed their visas are often overlooked until targeted by enforcement.
- DACA Recipients: Though Deferred Action for Childhood Arrivals (DACA) was temporarily protected, some recipients with criminal records were targeted for removal.
How Trump Policies Changed Immigration Enforcement
The Trump administration issued several executive orders and memoranda that fundamentally altered the way immigration laws were enforced:
- Executive Order 13768: This order prioritized deporting individuals who had been charged with or convicted of a crime, as well as those who committed acts that could be deemed criminal. It expanded the scope of enforcement significantly.
- Public Charge Rule: Although not directly related to deportations, this rule deterred many immigrants from accessing public benefits for fear of jeopardizing their status.
- Elimination of Prioritization: Under previous administrations, ICE focused on serious criminals. Trump’s policies allowed agents to target nearly anyone, regardless of how minor their offense was.
The Impact on Families and Communities
Mass deportations do not only affect the individuals removed from the United States. They create ripples across families and communities:
- Family Separation: Many deportations result in families being torn apart, particularly when one family member is undocumented while others are citizens or permanent residents.
- Economic Hardship: Deportations often leave families without a primary breadwinner, creating financial strain and long-term instability.
- Psychological Trauma: For children, the sudden loss of a parent or loved one can lead to emotional and psychological distress.
Fighting Deportation: Your Legal Options
If you believe you are at risk of deportation, consult a New York Immigration Lawyer immediately. Here are some common legal defenses:
- Asylum or Withholding of Removal: If you fear persecution in your home country, you may qualify for asylum or withholding of removal.
- Cancellation of Removal: This relief is available to certain noncitizens who can prove they have been in the U.S. for a specific period and meet other requirements.
- Adjustment of Status: If you are eligible to apply for a green card, this process may prevent deportation.
- Waivers: Certain waivers can forgive past immigration violations or criminal convictions.
What Can You Do to Protect Yourself?
With the possibility of mass deportations still looming, preparation is key:
- Know Your Rights:
- You have the right to remain silent.
- Do not open the door for ICE without a warrant signed by a judge.
- Contact a lawyer immediately if detained.
- Keep Documentation: Proof of residency, employment, and family ties can be crucial if you face removal.
- Consult an Immigration Lawyer: An experienced attorney can help you understand your options and build a defense.
Key Points About Providing Your Name
1. No Obligation to Speak to ICE:
If ICE officers stop you and ask for your name, you are not legally required to provide it unless you are in a state that has specific “stop-and-identify” laws. These laws typically apply to law enforcement, not immigration officers. Refusing to give your name may raise suspicion, but it cannot be used as evidence against you in court.
Learn more in what states you can and cannot remain silent here: states where you can remain silent before ICE.
2. Carrying Identification
If you are detained by ICE, officers may ask for identification. You are not required to carry ID unless state law mandates it or you are in certain regulated environments, like airports. Technically, under federal law, green card holders must carry their green card on them at all times. However, carrying documents showing your lawful status (if applicable) can help avoid unnecessary detention.
Legal Requirement to Carry a Green Card
The obligation to carry proof of permanent residency is outlined in Section 264(e) of the Immigration and Nationality Act (INA). This law states:
- Permanent residents aged 18 and older must carry their green card (or an official document proving their status) with them at all times.
- Failing to carry your green card is considered a misdemeanor and can result in fines or other penalties, though enforcement of this provision is rare in everyday life.
3. Risk of Providing False Information
It is critical not to provide false information, including a fake name, to ICE or any law enforcement. Lying to an officer can lead to criminal charges or negatively impact your immigration case.
When You Might Have to Provide Your Name
In certain situations, the right to remain silent may be limited:
- If You Are in Detention: Once detained, ICE will attempt to identify you. You may still choose to remain silent and request to speak to a lawyer before answering questions.
- If You Are Driving: If you are stopped while driving, you may be required to provide your driver’s license or proof of identity, depending on state laws.
How to Handle an ICE Encounter
- Remain Calm and Polite:
- Keep your composure and avoid arguing or resisting.
- Do not run away; this can escalate the situation.
- Say These Key Phrases:
- "I am exercising my right to remain silent."
- "I would like to speak to a lawyer."
- Do Not Sign Anything:
- Do not sign any documents ICE gives you without first speaking to a lawyer. These documents may waive your rights or agree to voluntary departure.
Special Considerations for New York Residents
As a New York Immigration Lawyer, I often advise clients to exercise caution in interactions with ICE. New York does not have "stop-and-identify" laws, so you are not required to provide your name unless you are being formally arrested or detained under lawful authority.
Yes, you have the right to remain silent, including when ICE asks for your name. However, it’s essential to fully understand your rights and know when providing basic information might be beneficial or harmful to your situation. Always consult with an immigration lawyer if you have concerns about your rights or legal status.
For further assistance or to discuss your specific case, feel free to reach out to me at shautsova.com. Protect your rights and stay informed.
Conclusion: Stay Informed and Proactive
The policies initiated under Trump created a framework for aggressive immigration enforcement, making "mass deportations" a very real possibility. While the current administration has adjusted some policies, the legal structures for expedited removal and targeting individuals with criminal records or outstanding orders remain in place.
As a New York Immigration Lawyer, I specialize in helping immigrants navigate these complex issues. If you or a loved one is facing deportation or wants to understand your legal options, contact me today. Together, we can fight for your right to remain in the United States.
For more information or to schedule a consultation, visit my website at shautsova.com. Don’t wait until it’s too late—take action now to protect yourself and your family.
Create a Safety Plan
- Make a list of your emergency contacts and their phone numbers.
- Make sure to inform your child’s school or daycare of an emergency contact to pick up your child.
- Secure authorization in writing for your emergency contact to make medical and legal decisions for your child. Plan for guardianship for your children in case of detention or deportation.