WITH the incoming Trump presidency, there is a lot of fear and a lot of questions and uncertainties on what happens to immigration policies and enforcement when he takes office in January 2017. Mr. Trump’s campaign promises include banning Muslims; building a wall along the US-Mexico border; and immediately detaining and deporting all the 11 million or so undocumented aliens.
For those of you who wish to know what immigration-related applications or benefits maybe available, get the facts and know your rights. The American Immigration Lawyers Association (AILA) strongly urges you to consult only with qualified immigration attorneys and stay away from scammers or notarios who will capitalize on the post-election fears and uncertainties.
More recent pronouncements made by President-elect Trump and/or his advisers indicate modified versions of his campaign promises: instead of deporting all the 11 million undocumented aliens, he will now focus on detaining and deporting 2-3 million “criminal aliens”. But the Obama Administration has been detaining and deporting criminal aliens for so many years now. During Obama’s 1st term of office, the Department of Homeland Security’s (DHS) enforcement priorities focused on removing both aliens and legal permanent residents – who are threats to national security, border security, and public safety. There are 3 groups prioritized for removal: (1) Suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, and persons apprehended on the border; (2) Persons convicted of significant misdemeanors (including DUIs, domestic violence, sexual abuse, unlawful possession or use of a firearm, drug offenses, etc.) or multiple misdemeanors; and recent border crossers (those who entered after January 1, 2014); and (3) Other immigration violators like those who, after January 1, 2014, failed to leave under a removal order or returned after removal. It remains to be seen whether Mr. Trump will include those with convictions for minor offenses as part of the so-called “criminal aliens.”
The San Diego Union Tribune reported that in the past 2 months alone before the November elections, DHS’ immigrant detainees (aliens and permanent residents combined) jumped from 33,957 in August to 41,037 detainees (November 22, 2016 article). And it’s costing the government $5 Million per day to house these detainees. The Tribune also published the statement of 12 former immigration judges regarding the increased detention: “On the basis of our experiences as immigration jurists, this comes at the expense of basic rights and due process. Eighty-six percent of detained immigrants do not have lawyers representing them, and due to the complexities of the immigration system, it is extremely difficult to win a case without a lawyer. It’s virtually impossible for someone who doesn’t understand the system and isn’t a lawyer to successfully represent themselves. “
Be informed about the law and available relief, get the facts and know your rights.
* * *
Atty. Aurora Vega-Buzon is a partner in Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]
