RIGHTS AND PLANNING GUIDE (Part 2)

EXCERPTED FROM THE FULL RIGHTS AND PLANNING GUIDE – NILAH.ORG, RESOURCES, RIGHTS & PLANNING GUIDE
INTRODUCTION: While there is much uncertainty regarding the new President’s current and future immigration enforcement policies, the Guide provides information and resources on the following ways to assert your rights and protect yourself/your family, NOW:
1. Don’t panic, understand your rights, and don’t be afraid to assert
2. Know your options under the law by speaking to a qualified immigration attorney or DOJ representative.
3. Create a safety plan and be prepared in the event you are arrested, detained or removed;
4. Know that there are resources available and advocates standing with you in this time of uncertainty!
Are You at Risk of Deportation?
Under current immigration law and recent executive orders, anyone who is not a U.S. Citizen can be deported.
In general, people who can be at risk of deportation are divided into two categories:
1. Documented: this category includes Legal Permanent Residents, as well as people with current visas or work permits stemming from a current form of immigration relief. The following are documented individuals who are at risk of deportation:
a. Those who have a criminal record. It does not matter how old the conviction is, if you served any jail time, if it was a misdemeanor or a felony, how long you have been in the U.S., and/or if you have any family members with legal status in the U.S.
2. Undocumented: this category of people includes those who crossed the U.S. border without inspection and people who overstayed their permission to be present in the U.S.:
a. Due to the recent executive order titled “Enhancing Public Safety in the Interior of the United States,” if interpreted broadly, all undocumented immigrants can be at risk of deportation for merely entering the country without inspection or a mere traffic offense.
Deportation Priorities
Previous Priorities (Under the Obama Administration)
The Obama administration’s priorities were: 1) Immigrants who threatened national security, border security, and public safety; 2) Misdemeanants and new immigration violators; and 3) Immigrants who arrived after
January 1, 2014.

1. Under the Obama administration, from 2009-2015, 2.5 million people were removed from the U.S. This number does not include those who were turned away and/or returned to their country at the border by CBP. This number also does not include those who were deported in 2016.
2. During the fiscal year 2015, 91% of people removed from inside the U.S. were previously convicted of a crime and 98% of those people met the priorities set forth above by the Obama
Administration.
Trump Administration’s Current Deportation Priorities
From the executive orders issued in late January of 2017, it is predicted that ICE will increase the amount of deportations given that nearly 8 million people are now a priority. The executive orders by the Trump administration have drastically changed the priorities established under the Obama administration. The order of priorities has not been set forth and all appear to be of equal importance to the government. The following people are a priority to be removed under the Trump administration:
1. Immigrants who entered without inspection and cannot prove to DHS that they have been continuously present for the previous two years.
(i) This category of people can be subject to expedited removal, meaning they can be deported (in as little as 24 hours) without being able to fight their case before an immigration judge with no guarantee of legal counsel or opportunity to obtain counsel;
Note: It is now of the utmost importance that both documented and undocumented immigrants put evidence of 2 years of continuous presence in a safe place.
(ii) Expedited Removals are even more problematic with the new executive order as the order encourages state and local law enforcement to work in conjunction with ICE and enforce immigration law.
2. Visa holders who have overstayed or violated the terms of their stay;
3. Documented and undocumented people who have been convicted of any criminal offense;
4. Documented and undocumented people who have committed acts that constitute a chargeable criminal offense— this could include minor traffic offenses like driving without a license;
5. Documented and undocumented people who have engaged in fraud or willful misrepresentation;
6. Documented and undocumented people who have abused any program related to receipt of public benefits;
7. Documented and undocumented people who have a previous removal order, but have not departed; or
8. Documented and undocumented people who otherwise pose a risk to public safety or national security.