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Who is Safe from Deportation Under Trump’s Policies?

As I write this, I keep seeing more and more news of ICE raids. Many of my social media connections cheering on the deportation of the “illegal immigrants.” They do not understand the consequences yet, and I am here to explain why it is so wrong for this Administration to do what they are doing. The deportation of legal immigrants is also a severe consequence of these policies, worsening the situation.

Who am I? How do we know who is safe from immigrant deportations?

I am an immigration lawyer and a fierce defender of immigrants for over 21 years. As a first generation immigrant myself, I sincerely believe in the idea that America is a land of immigrants and that IMMIGRANTS MAKE AMERICA GREAT, before, in the present, and in the future. So getting rid of immigrants will not make America great again.

Breaking US immigration laws is not a crime, it’s a civil infraction and must be proven in court. That means that everyone who goes into the legal system (very broken and very illogical, btw), has to be proven guilty first and remains innocent until proven so.

Deportation policies are affecting many, but who are “legal” immigrants and safe from deportation?

  1. U.S. Citizens – Naturalized or born in the U.S. Seems like an obvious one. However, news reports have surfaced that ICE raids have grabbed some and even beat up some US citizens already, even US veterans. However, they got released after much stress and worry when they showed their US passports.
  1. Lawful Permanent Residents (LPRs) – Green card holders.
3. Nonimmigrants (Temporary Visa Holders)

This Includes students (F-1), workers (H-1B, L-1, etc.), tourists (B-1/B-2), and others with valid visas.

    However, you lose your residence if you get accused of a crime and not even proven guilty. Under the new Laken Riley Act (which Trump signed into law today, as I am writing this), even being arrested will place you in removal proceedings even if the trial court finds you innocent.

    4.   Asylees and Refugees

    This is for individuals granted protection due to persecution in their home countries.

    But, currently takes about 10-12 years to obtain this status. Meanwhile, our laws allow you to be legally inside the US as “pending asylum applicant.” You can work and do everything other than travel. Can we fix this crazy waiting line issue? If so, we can solve a lot of these problems and prevent the deportation of legal immigrants.

     5.   Temporary Protected Status (TPS) Holders

    This grants legal status due to unsafe conditions in their home countries. TPS for Ukrainians was just renewed for 18 more months. This is not true for anyone who had the bad luck of entering US after August of 2023. Sucks to be them, right? I personally think it’s wrong to give temporary status to only those who managed to escape the war within 1 year from its start. But that’s me.  Venezuelan TPS extension also got cancelled today. No one knows if it will be brought back, but for now – it’s revoked.

    6.  Deferred Action for Childhood Arrivals (DACA) Recipients

    Individuals who came to the U.S. as children and meet specific requirements. These are the “Dreamers” whom most people agree should be given an actual chance at residency instead of this half-ass status.

    7.  Parolees

    Individuals allowed entry under humanitarian or significant public benefit reasons. These are most of the people who entered under Biden’s administration through the Border. That’s right, they are mostly LEGAL according to the U.S. immigration laws. But Trump is now making a priority to deport them, even legal immigrants from last 2 years, as soon as their parole expires.  U4U people from Ukraine are Parolees.

    8.   Special Immigrant Categories:

    SIJS (Special Immigrant Juvenile Status), U visa (for crime victims), T visa (for human trafficking victims), and VAWA self-petitioners (abuse survivors).

    These cases take between 3 to 9 years for USCIS to process. Do you think it’s fair that they should be waiting in limbo? I do not. The Administration may dispute the legality of applicants’ status while their applications are in processing, despite their legal status. In some cases, it provides a work authorization in accordance with US immigration laws.

    9.  People who filed for Asylum and are in removal proceedings are also LEGAL while waiting for their court date. Many filed for asylum when they crossed the border using the CBP One mobile app in a legal, organized way. And yet, ICE is now allowed to make arrests inside Immigration Courts.

    Anyone outside these categories or who entered without inspection (EWI) and lacks legal status is generally considered “illegal” or undocumented. Some people convicted of crimes may face deportation, often unfairly because they could not afford a private lawyer. Others may have received bad legal advice and taken a plea.

    Start your legalization journey today to avoid deportation. Call us today! Deportation of legal immigrants is happening, and it’s crucial to take action now.