The United States immigration system is continuously evolving, and the policies surrounding immigration enforcement have been a significant point of focus under former President Donald Trump’s administration. During his second term campaign, Trump made it clear that deporting illegal immigrants would be one of his top priorities. With his election, the threat of deportation has become a tangible concern for many immigrants, especially as stricter enforcement measures loom in the future. As the situation grows more dire, understanding the categories of immigrants most at risk for deportation becomes crucial.
In this post, we’ll break down six key categories of immigrants who are particularly vulnerable under Trump’s tough immigration stance. Let’s dive into proactive measures you can take to safeguard your legal status.
Trump Immigration Policy and the Growing Risk of Deportation
The Trump immigration policy has dramatically shifted enforcement priorities, placing certain groups of immigrants at higher risk of deportation. The exact changes to policies will evolve under future administrations. The core principles that prioritize strict enforcement against undocumented individuals have remained a consistent part of Trump’s platform.
Immigration laws and enforcement tactics are always subject to change. It is critical for immigrants to stay informed about potential risks to avoid complications in their legal status. If you or your loved ones fall into any of the categories below, it is essential to consult with an immigration attorney for advice. They can share guidance to navigate the complexities of the law.
Undocumented Immigrants Who Entered Without Inspection
One of the most vulnerable categories of immigrants are those who entered the U.S. without inspection. This means they crossed the border without any official authorization. These individuals are often considered unlawfully present in the country due to the lack of entry records or visas. Under Trump’s policies, individuals who enter the country without following the proper legal procedures face a heightened risk of deportation.
Many of these individuals do not have any official record of entry. Therefore, they are likely to face enforcement actions aimed at removing individuals considered to be unlawfully present in the country. These people are not only at risk for deportation but may also face future barriers to adjusting their status.
Risk Level: High
Recommended Action: Seek legal assistance to understand your options for regularizing your status or applying for asylum.
Immigrants Who Overstayed Their Visas
Another significant group at risk for deportation are immigrants who entered the U.S. legally on temporary visas (tourist, student, or work visas), only to overstay the visa’s expiration date. Once a visa expires, the individual becomes undocumented and is subject to the same legal vulnerabilities as those who entered the country without inspection.
Under Trump’s immigration enforcement policies, those who overstayed their visas can be easily targeted by U.S. Immigration and Customs Enforcement (ICE) and may face deportation if discovered. The longer an individual stays beyond their visa expiration, the more likely they are to come under scrutiny.
Risk Level: Moderate to High
Recommended Action: If you have overstayed your visa, contact an immigration lawyer immediately. Explore options for adjusting your status, applying for a waiver, or seeking legal residency.
Immigrants with Prior Deportation Orders
Individuals who have previously been ordered deported are at significant risk of removal. This is especially true if they remained in the U.S. after the deportation order was issued. Trump’s administration has made enforcement of prior deportation orders a priority. They aim to carry out these orders with minimal delay.
Even if a deportation order is years old, it can still be enforced. Immigrants who have been through deportation proceedings before have a heightened risk of facing deportation if they are located by immigration authorities during routine checks or targeted operations.
Risk Level: Very High
Recommended Action: Immigrants with prior deportation orders should immediately seek legal counsel. There could be potential opportunities to reopen their cases or seeking relief from removal.
Immigrants with Criminal Records: Deportation Enforcement Under Trump
Under Trump’s immigration policy, individuals with criminal records—regardless of the severity—are at higher risk for deportation. This includes immigrants convicted of felonies, misdemeanors, or even minor infractions. This can include driving under the influence (DUI). Immigration authorities prioritize those with criminal histories for deportation due to concerns about public safety.
This group includes both legal immigrants and those who have been in the U.S. for many years. If an immigrant gets convicted of a crime, ICE may target them. This applies even if they’ve been living in the U.S. for an extended period without incident.
Risk Level: High
Recommended Action: Individuals with criminal records should immediately consult an immigration attorney. A lawyer will assess the potential risks and explore options such as requesting a pardon, waivers, or cancellation of removal.
Asylum Seekers with Denied Claims
Some asylum seekers entered the U.S. seeking refuge from their home countries but had their asylum applications denied. They are also at considerable risk under Trump’s immigration policies. With a denied asylum claim, immigrants are typically given a set period to leave the country voluntarily. However, those who fail to depart voluntarily may face expedited removal proceedings.
Trump’s administration has proposed tightening asylum procedures. This could make it more difficult for denied asylum seekers to challenge their removal or obtain another form of relief.
Risk Level: Moderate
Recommended Action: Asylum seekers with denied claims should consider filing for an appeal, reapplying for asylum under new circumstances. They can also seek other forms of protection, such as Temporary Protected Status (TPS).
DACA Recipients (Dreamers)
DACA (Deferred Action for Childhood Arrivals) recipients, often referred to as Dreamers, are at risk. The Trump administration could revise or rescind the DACA program. It offers temporary protection from deportation for undocumented immigrants who came to the U.S. as children. However, it does not provide a permanent path to citizenship.
The Trump administration has repeatedly sought to end DACA or significantly limit its scope. This would leave Dreamers uncertain about their future in the U.S. The legal status of DACA recipients is currently under review. Those whose protections lapse without renewal face the risk of deportation.
Risk Level: High
Recommended Action: Dreamers should stay updated on changes to the DACA program. Explore options for seeking lawful permanent residency or citizenship through family-based petitions or employment-based programs.
The Trump immigration policy has resulted in a significant shift in U.S. immigration enforcement priorities. As stricter enforcement measures come into effect, many immigrants now face increased risks of deportation. Do you or your loved ones fall into any of these categories? It is crucial to take proactive steps to protect your legal status.
At Shepelsky Law Group, we specialize in helping immigrants navigate the complexities of U.S. immigration laws. Whether you need assistance with deportation defense, applying for a visa, or seeking asylum, our experienced immigration attorneys are here to advocate for your rights. Don’t wait until it’s too late—contact us today for a consultation and secure your future.