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Millions of people dream of coming to the United States in search of a better life. However, the implementation of strict immigration policies by the Trump administration is making it hard for them to live here without fear of detention or deportation. With so many reforms in immigration policies, it is crucial to stay informed and seek reliable legal guidance. Whether you are pursuing a work visa, student status, or family-based residency, Alina Kats helps you understand your rights and explore options to make informed decisions about your future.
Donald Trump has taken oath as the 47th president of the United States, and since he resumed office, it appears he plans to keep his promises to upset American communities. Immigrants who are already contributing members of society, as well as new immigrants aspiring to become US citizens, are the target. With the signing of the executive orders, it seems that things will become more aggressive now, as these actions target millions of immigrants and their families, threatening the freedom and security of everyone in the United States.
Experts are wary of the threats that the second Trump administration poses to the American immigration system. They foresee the most spectacular migration crackdown, which can lead to a massive immigration overhaul.
Considering the threats the United States faces, the American people, the elected officials in Congress, and the state as well as local governments need to come together and plan a sustained and coordinated response that focuses on principles of fairness, human dignity, and the rule of law.
Read on to learn more about the threats that loom over the immigrants and the US communities and families, how it can affect the overall immigration system as well as human rights in the US and what steps can help to stop this mayhem.
Related: Immigration Changes in Trump’s First 100 Days | What to Expect
If sources are to be believed, Trump and his advisors are working hard to ensure that nothing stands in their way of the plan after he takes oath. If they succeed, chances are the Trump administration will take actions that seem unacceptable, to say the least. A former senior official foresees strict measures that include making immigration and asylum-seeking very difficult, almost to the point of being impossible.
It is expected that thousands of people will end up losing their legal protections and will be pushed out of their status or the country including Ukrainians, Afghans, Venezuelans, Cubans, and Haitians, all those who face dangerous conditions at home.
Trump and his advisors know that he just cannot accomplish his immigration agenda without violating the Constitution and federal laws. Thus, litigation will play a crucial role here as it did in Trump’s last tenure.
Lawsuits can put a stop to many illegal administration policies and mitigate harm significantly. Lawsuits have stopped many illegal policies by the Trump administration including the ones that aim to separate families at the border, cut off access to asylum, strip thousands of people of protection under Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA), and prevented aborting access for unaccompanied immigrant minors.
Judges have also found Trump’s policies unlawful, and time and again courts have acted to protect the rights of immigrants. Keeping this in mind, Trump has made a significant mark on the judiciary and it is not difficult to find recent examples where courts failed to protect immigrant rights.
At this point, democratic leaders need to take the lead and use their power to ensure things do not get out of control. Chances are that Trump will send a draconian anti-immigrant bill to Congress, framed as needed for border security. However, this bill will attack both immigrant communities and legal immigration pathways and only lawmakers can work to prevent this.
Congress has the power and authority to contain Trump’s anti-immigration agenda. Members of Congress in favor of immigration can take appropriate measures to stop Trump from carrying out mass detention and deportations by aggressive use of oversight hearings, grilling Trump’s officials, and issuing subpoenas for information and documents. Congress members should come up with their own solutions to effectively address these issues and protect immigrant communities from being a target of these new reforms.
At the state and local levels, elected officials can play a significant role in protecting their communities from Trump’s fanatic drive. With collective and coordinated action, dedicated officials can help people anticipate and quickly respond to these anti-immigration policies. This is particularly necessary for families with children who need legal counsel so they can get the best help and continue to live peacefully in society.
By expanding existing cooperation, states and municipalities can provide legal representation, track, and monitor detention and deportation cases and help immigrants.
Trump plans to deport millions of people within a year and detain an untold number of people in massive camps pending deportation. He made similar promises in his first term but was unable to carry out massive deportation as it is a huge project that is not practically possible. He will try to defy constitutional and other legal protections to achieve his goal but every state of detention and removal has its own requirements and procedures under the Constitution and the immigration statutes.
While a large population may agree with what he is saying or doing, millions do not agree with his policy and believe that it is the taxpayer’s money that is being used on something that is not so easy to accomplish. Even if he tries to do what he has in mind, the existing removal system will not even begin to approach the scale that he requires. Trump may resort to expedited removal and pressure states to create their own independent arrest and deportation systems to achieve his goals but it seems highly unlikely as millions will oppose this, including government officials.
The Trump administration will have to trample on several fundamental protections set out in the Constitution and laws passed by Congress. They will face legal challenges from multiple sides.
The 4th Amendment prohibits unreasonable searches and seizures, including arrests and detentions with specific suspicion. The 5th and 14th Amendments guarantee equal protection of the laws, including freedom from racial discrimination by law enforcement. All officers and agencies have to abide by these basic rules.
The problem is that the zero-tolerance policy towards interior immigration enforcement ensures that these programs result in racial profiling, suspicionless interrogations and arrests, unjustified and pretextual traffic stops, and warrantless searches of workplaces and homes. All this not only violates the Constitution but also creates waves of uncertainty, confusion, and fear among immigrants. The Trump administration is planning unconstitutional conduct on a massive scale to investigate the immigration status of people and arrest them if they are believed to be undocumented.
The 5th Amendment guarantees due process of law, and the Constitution’s Suspension Clause safeguards access to the writ of habeas corpus. It is a key protection against unlawful government action, and if they continue with their plan, the Trump administration will be violating the protections in the Constitution and statutes enacted by Congress. However, they will be challenged by lawmakers and the courts will make him answer for his actions.
Trump cannot execute his plans without massive funding. Even though he is trying his best to enforce his policy, Congress will resist. Congress members are already calling out Trump’s anti-immigrant policies on social media and in press conferences.
History suggests that congressional Democrats are more likely to stand against anti-immigrant policies when a Republican is in the White House. Also, the more Trump pushes his extremist agenda and threatens US residents and mixed-status families, the more the congress members will be forced to assert their powers and prevent him from creating a deportation police state.
Congress also has the power to prevent ICE from conducting expedited removal against long-standing residents.
Trump plans to prevent people from entering the US by securing borders. He will expand Customs and Border Protection operations using the National Guard. Congress can play a significant role here by constraining CBP, limiting where border patrol forces can operate, and restricting law enforcement units from participating in these operations.
How state and local governments can protect communities from mass deportation drive
Without seeking help from states and localities, the Trump administration cannot execute its mass deportation plans easily. Trump will also try to seek help from volunteers from law enforcement agencies in anti-immigrant jurisdictions to help with enforcement operations and conduct raids.
State attorney generals and other elected officials can respond by actively enforcing state laws against racial profiling. They can also launch their own civil rights investigations into state and local law agencies that show a pattern of traffic stops and arrests.
The 14th Amendment guaranteed citizenship to people born in the United States without regard to parentage, skin color, or ethnicity. Trump issued an executive order instructing federal agencies to stop recognizing birthright citizenship. It would mean that children born to non-citizens, particularly undocumented immigrants or temporary visa holders, would no longer be granted automatic citizenship.
This executive order faced swift legal opposition. Court rulings effectively blocked the enforcement of the executive order nationwide.
The US Constitution guarantees that all children, regardless of their immigration status, have equal rights to a basic public education. However, the Trump administration is trying to make life in the United States unbearable for undocumented and mixed-status families in the hopes they will leave themselves. They plan to do it by withholding funds to educate kids who were not “legally admitted” into the United States and directing school districts to deny enrollment.
Congress can play a significant role here by demanding the Department of Justice Civil Rights Division and the Department of Education Office for Civil Rights to ensure that the law is followed in schools across the nation.
Many families suffered the trauma of being separated from their children in the first Trump administration. At this point, it is important to make sure that this policy is not reinstated as it is not only morally unacceptable but also tears the family system apart.
Trump plans to prevent people entering the US for seeking safety from violence and persecution with a major bill on border security and immigration. He will attack the right of people to require asylum when they arrive at the border, both through executive action and legislation. This move could also eliminate other pathways for humanitarian protection that have proved vital in America’s response to unfolding wars and crises in different parts of the world.
During Trump’s second term, the border is expected to become a more dangerous place for residents and newcomers alike. Trump is likely to order the expansion of the border wall and militarize the border. He also has plans for massive policing and patrolling of the entire border region.
The US immigration system provides humanitarian protections, including asylum. Although Trump is making noises about shutting the asylum system down, it is not possible as the US Constitution offers protection to people who fear persecution in their home country.
Courts have also held several of Trump’s anti-asylum policies illegal, and any attempts to remove the asylum system will be open to legal challenge.
It is up to Congress to make sure that if they receive a bill for ending asylum, they fight against it. It is essential to realize that Trump’s proposals are not solutions to the problem, but they are actually counterproductive and will break the border.
Even though the congressional democrats and others have been talking about authorizing counterproductive and anti-asylum measures at the border to protect the country, this is not what they meant. A further militarization of the 100-mile zone will force border residents, including US citizens, to live in war-like conditions all the time.
Congress needs to push for hearings, investigations, and oversight of aggressive policing and militarization, expose as well as limit CBP and military activities, and prevent any legislation or related actions that would affect asylum seekers.
Local officials can play a significant part in resisting the Trump administration’s anti-immigration efforts through federal partnership programs. State and local offices can track abuses by U.S. Customs and Border Protection, including unlawful arrests, racial profiling, excessive use of force, and expanding surveillance of border community residents.
Pro-immigrant jurisdictions can do their documentation and oversight and prevent detention camps from sweeping up immigrants and deporting them.
Trump’s immigration policies are impacting immigrants and their loved ones, as well as US citizens who see these policies as unjust, discriminatory, and contrary to the nation’s founding values of equality and opportunity. While most Americans want practical border management solutions to only welcome people who seek entry the legal way, things should not go to the extent of tearing families apart or snatching refuge from people already under stress.
Do not let Trump’s hate-based plans affect your life and your chance to live in the United States, whether you are an immigrant or asylum seeker. Reach out to Kats Immigration Law Firm today to learn about the current immigration situation and what you can do to secure legal status in these circumstances. Alina Kats and her team of experts guide you every step of the way. They ensure that your application is strong, and compliant and even represent you in court and fight for your rights to ensure you achieve your immigration goals successfully.