Trump's Return: How Immigrants and Businesses Can Navigate Potential Immigration Policy Changes
If former President Donald Trump were to return to office, many immigrants are bracing for significant shifts in U.S. immigration policy. During his first term, Trump’s administration implemented strict measures that aimed to reduce illegal immigration, including family separations, a travel ban, and mass deportations. According to attorney Mumtaz Wani, these policies could resurface and even intensify, leaving immigrants and businesses alike wondering how to protect themselves. Here are some practical steps individuals and businesses can take to safeguard their status and navigate potential changes to immigration law.
1. Know Your Rights and Stay Informed
The first and most important step for immigrants is to be aware of their legal rights. “Even if you are unlawfully in the U.S., you still have rights,” says Wani. Immigrants should understand that they cannot be treated inhumanely or deported without due process. If U.S. Immigration and Customs Enforcement (ICE) agents come knocking, they cannot enter your home without a valid warrant. Always demand to see a warrant before allowing anyone inside. Additionally, it’s essential to know that individuals facing deportation must be served a notice to appear in court before removal can happen.
For those in uncertain immigration situations, consulting a qualified immigration attorney is crucial. Legal representation can help individuals understand their options and ensure they are not wrongfully detained or deported.
2. Take Proactive Legal Action
For immigrants who are eligible for protection under U.S. law, it’s crucial to act before any changes in policy take effect. There are several avenues through which individuals may be able to safeguard their status:
Seek Asylum: If an individual is at risk of persecution in their home country, they may qualify for asylum. This is a vital legal protection that should be pursued proactively.
Withholding of Removal and CAT Relief: For those who fear torture or persecution if sent back to their country, withholding of removal or protection under the Convention Against Torture (CAT) may be available.
Special Immigrant Juvenile Status (SIJS): If a minor is in the U.S. and has been abandoned or abused by one or both parents, they may be eligible for SIJS.
Violence Against Women Act (VAWA): Those who have suffered abuse can apply for relief under VAWA, which may allow them to stay in the U.S. and seek protection from an abusive spouse or family member.
Cancellation of Removal: Immigrants who have been in the U.S. for at least 10 years and have U.S.-born children or other family members who would suffer extreme hardship if they were deported may qualify for cancellation of removal.
Taking these steps now can help prevent being caught in deportation proceedings later, as Wani advises that immigrants should not wait for enforcement actions to begin before exploring legal options.
3. Prepare for Family Separation and Travel Restrictions
Wani predicts that policies like family separation, which were part of Trump’s first-term strategy, could return. “If the Trump administration forces deportation, the real tragedy will be separating children from their parents,” says Wani. Since U.S.-born children cannot be deported, they would be left behind, possibly facing a future in foster care or adoption.
For those with family members in countries potentially subject to travel bans, staying updated on new restrictions is vital. If additional countries are added to the travel ban list, it may prevent families from reuniting or visiting loved ones in the U.S.
4. What Businesses Can Do
Businesses that rely on immigrant workers should prepare for potential changes in immigration enforcement, particularly regarding work visas and undocumented labor. While Trump is unlikely to alter family- or employment-based visa laws, Wani notes that there could be a crackdown on unlawful immigration, especially at the southern border.
For businesses that employ immigrant workers, it’s essential to ensure compliance with all immigration regulations. For example, businesses should conduct regular audits of their employee documentation to ensure everyone is legally employed and avoid penalties for hiring undocumented workers. Businesses may also want to consider legal counsel to review their hiring practices and employee verification processes.
5. Collect and Update Documentation
Immigrants should prioritize gathering and updating important legal documents, such as passports, visas, and any other paperwork that supports their immigration status. This will be essential if deportation proceedings begin or if individuals need to seek legal protection through asylum or other forms of relief. For those who are eligible for work visas, it’s important to ensure that all paperwork is in order and up-to-date.
Additionally, it’s crucial to maintain records that show a history of legal residence or any pending applications that could provide relief from deportation. If in doubt, individuals should consult an attorney to ensure their documentation is comprehensive and complete.
6. Stay Calm and Be Prepared
While the future remains uncertain, Wani emphasizes that immigrants should avoid panic. "Know your rights, keep your documents in order, and be prepared for any eventuality," he advises. If individuals are currently facing legal challenges or have a criminal history, seeking legal advice immediately can help uncover any possible defenses or paths to remain in the U.S.
For families, businesses, and individuals in the immigrant community, preparation and knowledge are key to navigating the turbulent waters of U.S. immigration law under a potential second Trump administration. By staying informed, seeking legal counsel, and taking proactive steps, immigrants can better protect themselves and their futures in the U.S.