The elected president Donald Trump confirmed his plans for mass deportationseven from entire families, if that is the case, as Tom Homan, named as the “czar of the border,” advanced.
The new Republican government begins its functions on January 20, 2025 and, as Trump announced, from the first day there will be actions on immigration.
1. Who are undocumented immigrants
There is a misconception that only immigrants who enter without papers at any border are undocumented, but there are at least three types of these non-citizens.
A person can be classified as undocumented under three criteria:
– If the person stayed longer than allowed by their tourist, work, student or other type of visa.
– If the person violated the terms of their visa, such as being a tourist and working.
– If the person crossed the US border without inspection or with false documents.
2. Trump’s national emergency
President-elect Trump confirmed that for his deportation plan he will implement a national emergency, which will allow him to use army resources through the National Guard.
Experts have noted that while Immigration and Customs Enforcement (ICE) agents would be responsible for raids and processing, the military could facilitate the detention and transfer of migrants.
The Texas government, for example, also made a 1,400-acre ranch available to the incoming government to build migrant detention centers for deportation.
3. Protected immigrants at risk
There are immigrants with special protections who could also be at risk, such as those with Temporary Protected Status (TPS), people with some type of humanitarian parole.
The incoming Trump administration has not specified how that strategy would be implemented, but immigration experts are also warning about the end of Deferred Action for Childhood Arrivals (DACA).
4. What do you do when faced with an encounter with ICE
At least until January 19, when the Biden Administration will end, ICE must apply certain criteria in operations to detain immigrants, focused on people with a criminal record and people who entered the country after November 2022, but the criteria will change with the Trump government.
Experts suggest that an immigrant has an encounter with ICE:
– The person does not have to provide their name or any identification. “[El inmigrantes] You do not have to provide identification or answer any questions. You do not have to consent to having your pockets, bags or personal items searched,” says the New York Immigration Coalition (NYIC).
– If you need to find someone who may have been detained, you can search ICE’s Online Detainee Locator System at locator.ice.gov, in addition to checking the specific facility at ice.gov/detention-facilities.
5. Record and ask for help
An immigrant has the right to record his or her encounter or that of others with ICE agents, but must do so securely. Take note of the location, time, and what ICE agents said and did.
“You have the right to ask officers for identification and a copy of a court order. Be sure to check that the order is signed by a state or federal judge. Otherwise, the order may be an administrative order. An order not signed by a judge is not a valid order for an officer to require entry (or search) of a private area such as a home, a vehicle, or an employee-only area at a workplace,” NYIC states.
Although migrants do not have the right to a government-provided attorney, they do have the right to make a phone call to request family or legal help.
“Your representative must have accreditation from the Department of Justice (DOJ). In the United States, a ‘notary’ is not a lawyer; avoid immigration help from travel agents, tax preparers, form preparers or notaries,” NYIC reminds.
Keep reading:
• Trump assures that mass deportations are not “a question of price”
• Massachusetts police will not collaborate with Trump’s mass deportations
• They warn that Trump promises mass deportations under the Alien Enemies Act