How will the Trump Administration Impact My Immigration Status?

By Attorney Kiley Sanders

We, along with AILA and its members, are prepared to stand against laws and policies that violate fundamental principles of fairness and due process. We are a nation built by immigrants from all over the world and of all faiths and cultural traditions.  We are strengthened by the values upon which our country was founded and by each new generation of immigrants that bring essential innovation and creativity. Traditional consular processing cases are likely to continue as normal, as the Trump administration is not halting all immigration.

Undocumented

There is a fear that undocumented people could be immediately deported under the incoming Trump administration. However, it is unclear at this time what approach the Trump administration will take toward undocumented families. The removal process can take years while the undocumented remain in the United States until a final decision is made by an immigration judge.

Overly aggressive immigration enforcement may be checked by constitutional challenges and the Trump administration will have to weigh the negative consequences of extreme immigration enforcement as well.

Muslims

Donald Trump’s website has already removed the proposal to ban all Muslim immigrants from entering the United States. While there is a concern that the Trump administration would impose a registration, the registration would be based on country of origin, not religion. Unfortunately, there would be nothing stopping the registration program from only registering people from predominantly Muslim countries.

DACA

Can I renew my current DACA early to make sure that I have it longer?

Currently, it is not possible to renew DACA early. However, if you are within 150 days of expiration, it is a good idea to go ahead and renew DACA.  Renewal applications are being processed more quickly than initial applications (currently at a rate of about 8 weeks).  Therefore, if DACA renewal is filed soon, it will likely be approved before Trump’s inauguration on January 20, 2017.

Individuals renewing DACA will not incur any additional risks by submitting a renewal application because the information is already known to the government.

If the program goes away, does my “status” go away immediately or when the permit expires?

Donald Trump has pledged to end DACA and his campaign website indicates that he still intends to do so. However, we do not know how or when DACA might end. After Trump’s inauguration, USCIS could stop accepting or approving all DACA applications, or merely certain components. However, if DACA is revoked, the individual’s employment authorization will likely also be revoked. A positive view on the issue, however, is that the Trump Administration will likely balance its options against the political repercussions it would face by targeting a large population that generates sympathy with the public (i.e. children).

3 possible scenarios if DACA is revoked:

1. End the program completely and immediately and end work authorization for anyone who has it,
2. End the program and work authorization – neither will be renewable but they won’t automatically end, or
3. End the program but those that have work authorization can renew it.

If DACA is revoked, it will not be an overnight change on January 20, 2017.  However, because DACA was an Executive Order, it would take less time to revoke than a law that was legislated through Congress. The announcement to revoke DACA could come in late January, but the process would likely take a couple of months to solidify.  Even so, the new administration would likely focus its early enforcement efforts on immigrants with criminal records.

Will I be deported when Trump takes office?

Trump now says that he will only deport the “criminals.” Most people who have DACA aren’t “criminals” unless they committed an offense after getting DACA. So, it isn’t likely that everyone with DACA we be put in removal proceedings.

Should I move so that Immigration does not know where I live?

No. Information provided in a DACA request is protected from disclosure to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear. Information may be shared with agencies for other purposes, which may include identifying and preventing fraud, national security purposes, and the investigation or prosecution of criminal offenses.  All of the above listed protection is spelled out in policy a memorandum; however, the policy memorandum could be revised by the new administration.

H-1B Cap Increase

H-1B visas are not mentioned on the immigration policy page of Trump’s campaign website, nor the separate presidential-transition website. However, his stance on the program has changed. In early 2016, he stated that the cap should not be increased. Then, in the March debate, he stated that he supported highly skilled immigration. After the debate, he issued a statement vowing to “end forever the use of the H-1B as a cheap labor program.”

President-Elect Trump has repeatedly criticized the H-1B program, and companies that ship jobs overseas to countries like India and China, during his campaign. Any H1-B cap increase is very unlikely, and the rules surrounding the H-1B program could also tighten (i.e. requirements for technical skills, fees, etc.).

Provisional Waiver

Because this program was also enacted through an Executive Order, it could be revoked relatively quickly by the new Trump administration after he takes office on January 20, 2017. The administration has not announced an intention to end this program, but if clients have Provisional Waiver applications ready to be filed, they should do so as soon as possible just in case the Trump administration decides to end the program. For those who have Provisional Waiver cases pending, there is nothing further to do.

Parole-in-Place

The Trump administration has not expressed any intention of ending the Parole-in-Place program. However, because the program was not created through the traditional legislation process, President-elect Trump could easily end the program, as he intends to end DACA. Those who wish to take advantage of the Parole-in-Place program should proceed to submit applications.

If you still have questions about how your particular status could be impacted, please contact us online or give us a call at (757) 464-9224.