Protecting Immigrant Families
“Rights During Deportation Risks"
After Donald Trump won the election on November 5 and announced Tom Homan as the new "border czar," many people are wondering which immigrants will be targeted by the new government when it starts on January 20, 2025.
In an interview with Fox News, Homan was asked if the new government would deport U.S. citizens, something that had been suggested on ABC’s The View. Homan replied, “No, absolutely not.” He added, “President Trump has made it clear that we will focus on threats to public safety and national security.”
Homan, who will lead the new government’s deportation efforts, said, "There are over 1.5 million convicted foreign criminals in this country with final deportation orders, and we are going to find them. There are thousands of gang members and illegal immigrant gang members we will be looking for."
With Trump’s commitment to stricter immigration rules, immigrant families may be worried about the risk of deportation. Progresso Legal Group provides this guide to help you understand your rights, make a plan, and stay calm during these uncertain times.
Key Rights When Stopped by Police or ICE
1. Right to Remain Silent: You are not required to answer questions beyond basic identification, like providing your name. Politely inform the officer by saying, “I am exercising my right to remain silent.”
2. Right to Refuse Consent to a Search: If an officer requests to search you, your car, or belongings, you can refuse. Clearly say, "I do not consent to a search." Officers need a warrant or probable cause to legally conduct a search.
3. Right to Know the Reason for Being Stopped: You are entitled to ask why you're being stopped. Politely ask, "Why am I being stopped?" This helps you understand if it's a traffic issue, criminal investigation, or other reason.
What to Do If Questioned by Police or ICE
1. Stay Calm and Polite: Always stay respectful and composed. Do not argue or resist, as this may make things worse.
2. Do Not Volunteer Information: Providing extra information can complicate your situation. Say, "I would like to speak with a lawyer before answering any questions."
3. Ask if You’re Free to Leave: If you’re not under arrest, you have the right to leave. Politely ask, "Am I free to leave?" If they say yes, you may walk away calmly.
If You Are Arrested: Know Your Rights
1. Right to a Lawyer: You have the right to a lawyer. If arrested, say, "I wish to remain silent, and I want to speak to a lawyer."
2. Right to Know Charges Against You: You have the right to know what you’re being charged with and why.
3. Right to a Phone Call: In most places, you’re entitled to make at least one phone call. Use this to contact a lawyer or a family member.text
Handling Different Encounters with Police or ICE
1. Traffic Stops: Keep your hands visible on the steering wheel, inform the officer before reaching for documents, and avoid sudden movements.
2. Encounters on the Street: Keep hands visible, avoid sudden movements, and ask if you’re free to leave. Remain silent and wait for legal representation if you’re not free to go.
3. Encounters at Home: Law enforcement generally needs a warrant to enter your home. If ICE or police come to your door without one, politely ask to see a judicial warrant and state that you cannot let them in without it.
Why Knowing Your Rights is Important?
1. Protection Against Self-Incrimination: By staying silent and asking for a lawyer, you prevent giving information that could be used against you.
2. Preventing Unlawful Searches: Refusing consent to a search helps protect your privacy and prevents unauthorized searches.
3. Ensuring Fair Treatment: Knowing your rights can help prevent mistreatment and ensures fair treatment by law enforcement.
Creating a Family Emergency Plan for a possible Deportation
1. Designate a Trusted Contact: Choose someone reliable to handle emergency tasks, like picking up children from school.
2. Organize Important Documents: Store passports, birth certificates, and immigration papers in a secure, accessible location, and let a trusted person know where they’re stored.
3. Set Up a Power of Attorney: This legal document lets a trusted person make decisions on your behalf, such as managing finances or caring for children if you're unavailable.
Legal Options for Individuals with Criminal Records or Past Deportations
What We Know So Far on deportations
Both Vice President-elect Vance and the new “border czar,” Tom Homan, have announced that in Trump’s next term, the Department of Homeland Security (DHS) plans to deport between 1 and 1.5 million immigrants with criminal records in the first year.
Homan went into more detail this week during an interview with Fox News, saying the administration will focus on “public safety and national security threats.” He also said, “Every undocumented immigrant in this country has broken the law, so all are considered criminals. However, some are worse than others.”
Homan, who has been chosen by Trump to lead this strict “zero-tolerance” policy, added that immigration “is not a crime without victims.” He mentioned an increase in issues like human trafficking and terrorism and said these are problems the administration will focus on.
During Trump’s first term (January 20, 2017, to January 20, 2021), certain priorities for deportation were set, which may be brought back in 2025. These priorities included:
1. People convicted of any crime
2. People charged with a crime, even if it’s not resolved yet
3. People who have committed acts that could be charged as crimes
4. People involved in fraud or lying to any government agency
5. People who have taken advantage of public assistance programs unfairly
6. People with a final order of deportation who have not left the U.S.
7. People that immigration officials think are a risk to public safety or national security
These priorities show the administration’s focus on deporting people who might be seen as a threat. This strict approach, called a zero-tolerance policy, is likely to shape future immigration enforcement.
If you or a loved one has a criminal record or past deportations, these are some possible legal actions:
1. Addressing Misdemeanors and Felonies:
√ Misdemeanors: Minor offenses (like driving without a license) can still affect immigration status. An attorney may help reduce or dismiss these charges.
√ Felonies: Serious crimes (like assault) are more severe. Some felonies can be reclassified or reduced, which may help avoid deportation.
2. Special Immigration Programs for Victims of Crime or Trafficking:
√ U Visas: For crime victims who assist law enforcement, providing temporary legal status and protection from deportation.
√ T Visas:For victims of human trafficking, offering legal status and work authorization.
3. Waivers for Past Deportations:
Waivers: Forms of legal forgiveness allowing individuals with past deportations to re-enter the U.S. or adjust status. Examples include the I-212 Waiver (for reentry) and the I-601A Provisional Waiver (for unlawful presence).
Eligibility:Typically, available to those with U.S. citizen family members or those who can show extreme hardship.
4. Cancellation of Removal:
√ This is a defense against deportation. If you’ve been in the U.S. for over 10 years, show good moral character, and have no aggravated felony, you may qualify to stay based on family hardship.
5. Applying for Asylum:
√ Asylum: For individuals fearing persecution in their home country due to race, religion, nationality, or political opinion.
√ Legal Actions: Requires proof of persecution or threats and involves an interview or hearing.
Other Legal Avenues to prevent Deportation
1. Temporary Protected Status (TPS): Provides temporary legal status for people from countries experiencing crises, like wars or natural disasters.
2. Adjustment of Status: For certain family members or workers, providing a pathway to a green card without leaving the U.S.
3. Voluntary Departure: Allows individuals to leave the U.S. voluntarily, avoiding harsher penalties and preserving potential future reentry options.
Staying Informed and Connected in regards to immigration Laws
1. Follow Trusted Organizations: Keep updated with Progresso Legal Group, ACLU, and other trusted organizations for news and legal residency options.
2. Document Positive Contributions: Record employment history, community involvement, and achievements to support your case if needed.
Frequently Asked Questions regards to immigration and Deportation (FAQs)
1. What are Trump’s plans for immigration?
Trump has promised large-scale deportations, especially focusing on those with criminal records.
2. Who is most at risk of deportation?
Individuals with criminal records, prior deportations, or recent arrivals.
3. How can I find out if I’m at risk?
Consulting an immigration attorney is the best way to assess your situation.
4. What are my rights if ICE approaches me?
You have the right to remain silent, refuse entry without a warrant, and request a lawyer.
5. How can I protect my family if I’m detained?
Create an emergency plan, designate a trusted contact, and have a Power of Attorney.
6. What is a Power of Attorney, and why is it important?
It allows a trusted person to make decisions for you if you’re unavailable, ensuring your family is cared for.
7. Should I avoid domestic travel if I’m undocumented?
Avoid unnecessary travel, as ICE may be present at airports and bus stations.
8. What should I do if ICE comes to my home?
Ask for a judicial warrant, remain silent, and contact your attorney.
9. Do sanctuary laws protect me?
Sanctuary laws limit cooperation between local police and ICE in some places.
10.Can minor criminal records affect immigration?
Yes, even minor offenses can impact immigration status.
Progresso Legal Group: Supporting Immigrant Families for Over 25 Years
For over 25 years, Progresso Legal Group has supported immigrant families in navigating complex legal challenges. Understanding your rights and preparing for potential encounters with law enforcement empowers you to protect your family and your future.
Contact Progresso Legal Group
If you need support or have concerns about deportation, reach out to Progresso Legal Group. Our experienced team is here to guide you every step of the way, helping you stay informed, prepared, and protected.
Related Topics:
→ Representation in Immigration Court
→ Family Petition or Adjustment of Status
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