Impact of New Executive Actions
1: President Obama’s prosecutorial discretion has been replaced by harsh deportation priorities. Any
undocumented immigrant that is apprehended may be a deportation priority. According to the new
executive order the following individuals are especially vulnerable to be deported:
- Convicted of a crime
- Charged with a crime or committed any criminal act (even though not charged)
- use of fake or someone else’s social security number or driver’s license
- Any indication of fraud on the government
- Illegal re-entry after order of deportation
- Subject to final order of deportation
- Suspicion of gang activity or being a threat to national security (mere suspicion is enough)
2: Secure Communities Program restored (in essence Police Departments are to co-operate in the
enforcement of immigration law)
3: Individuals with administrative suspensions of deportation granted by Obama’s administration, may be placed in removal.
What about DACA?
Leaked memorandum (not officially released) describes the following treatment of DACA recipients:
- Employment authorizations to remain valid until their expiration date
- There will be NO renewals or newly issued permits
- Issuance of advance parole (travel document) to be suspended immediately
BE PREPARED:
when approached by immigration officials:
you have constitutional rights, exercise them
- Ask for an attorney right away
- Do not answer any questions without your attorney present
- Do not let officials enter or search your home without a warrant signed by a judge
- Do not sign anything without talking to your attorney
- Always carry your valid immigration documents (work permit etc.)
- Do not carry and do not provide to the officials your passport or birth certificate
- Carry your Rights Card; provide it to the officials immediately
- Have any trusted witness prepare a written report of what happened during your arrest, share it with your attorney
BE PREPARED:
HAVE A SAFETY PLAN
- Memorize the phone number to a friend, family member or an attorney to call if you are apprehended
- Have a plan for someone to take care of your children while you are detained
- Keep your important documents in a safe place and tell your trusted friend or family where to find them
- Tell your trusted friend or family member how to find you if you are detained
https://locator.ice.gov/odls/homePage.do
call: 1-800-898-7180
Find Legal Help
- Do not use notario services
- Never file any petitions with the immigrations office without consulting an attorney
- you may be eligible for a low-cost or pro-bono attorney
www.immigrationlawhelp.org
www.justice.gov/eoir/list-pro-bono-legal-service-providers-map
Not everything has changed
- If you are entitled to an immigration benefit or have a petition pending – there is likely no change to the applicable law- as most benefits are established by law passed by Congress
- If you have been a victim of a serious crime (especially assault or rape) – report it to the Police
- Asylum laws provide benefits to those with credible fear of prosecution, however never file asylum petition without consulting an attorney
These materials have been prepared for information purposes only and should not be treated as legal advice or as creating an attorney- client relationship. Always consult an attorney regarding your particular case.
