President Trump's Executive Orders on Immigration
/Disclaimer: This is a summary of the advisory created by The Legal Aid Society, Immigration Law Unit and does not constitute legal advice, and does not substitute for the advice of an immigration expert.
As of January 30, 2017, President Trump has issued three executive orders which threaten
immigrant communities in different ways. One focuses on individuals within the United States,
another on individuals apprehended at the border, and a third on banning refugees and others
from countries deemed dangerous by the President.
There are three other draft orders, which have not yet been signed. Based on the drafts we
have seen: one would end the DACA program and change priorities for removal, a second
would change the way the receipt of certain government benefits affects immigrants and their
sponsors, and a third would affect foreign workers.
NOTE: Some of the provisions in the various signed and draft orders may be beyond the
power of the President or may be in violation of the Constitution. As a result, these may later
be curtailed by the federal courts.
What has Already Happened
Interior Enforcement Order (signed on January 25, 2017)
-Increase deportation enforcement efforts to include people who:
o have criminal convictions,
o have been charged with crimes even though the criminal court proceedings have not
been completed,
o committed criminal acts that have not even been charged,
o engaged in fraud with any government agency,
o received welfare benefits unlawfully,
o have a final order of removal but never left, and
o otherwise pose a threat to public safety or national security.
-Hire an additional 10,000 deportation officers.
-Punish states and localities who refuse to allow local law enforcement to cooperate with
federal immigration authorities by withholding federal funds.
-Collect unpaid fines from undocumented immigrants.
Order Excluding Muslims and Others (signed on January 27, 2017)
-Stop most refugee admissions for at least 120 days, with exceptions permitted for those
fleeing religious persecution if their religion is a minority in their country of nationality.
-Reduce refugee admissions for FY2017 to 50,000 from President Obama's goal of
110,000.
-For 90 days, ban entry for all immigrants and nonimmigrants for designated countries,
such as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
-Screen all immigrant and non-immigrant applications for fraud and national security
concerns.
-Expedite completion of a biometric entry-exit system.
Consider ending all waivers of terrorism-related inadmissibility grounds, regardless of
how immaterial or insubstantial the individual’s support of a purported “terrorist
organization” may have been.
Border Security and Deportation Order (signed January 25, 2017)
-Build a wall along our southern border.
-Secure the southern border, so that no one can enter without permission.
-Create new detention facilities near the southern border.
-End the “catch-and-release” policy for people who enter without permission, so that
people will be detained during their deportation cases.
-Hire 5,000 additional Border Patrol officers.
-Increase scrutiny of asylum applications so that more asylum applications may be
denied.
-Punish states and localities who refuse to allow local law enforcement to cooperate with
federal immigration authorities.
What may Happen Soon
Draft DACA and Enforcement Priorities Order (not yet signed, as of January 30, 2017)
So far, President Trump has indicated that young people who registered for Deferred
Action for Childhood Arrivals (DACA) will not be an enforcement priority, meaning he
is not seeking to deport people who have DACA. The draft we have seen has not yet
been signed. The draft Executive Order, could end DACA. Among other things, the
order would direct the federal government to:
- Rescind the June 15, 2012 memorandum establishing the DACA program.
-Allow any Employment Authorization Documents (work permits) issued under DACA
to remain valid until the date of expiration of each work permit.
o However, current DACA work permits may not be extended.
-Discontinue the grant of Advance Parole (travel permission) to DACA registrants.
-Withdraw certain enforcement priorities memoranda.
-Allow DACA to still be granted on a case-by-case basis.
DRAFT Order Affecting Recipients of Government Benefits (not yet signed, as of January 30, 2017)
We have seen only a draft of this Executive Order, which has not yet been signed. It
would most immediately affect immigrants with sponsors. The current federal welfare
law allows the government to charge affidavit of support sponsors for the cost of
certain benefits received by the sponsored immigrant.The Executive Order would direct the
federal government to start enforcing the law by seeking to collect the cost of certain
benefits from sponsors.
The Executive Order would also direct the issuance of new rules after a period of notice
and comment. This means that the new rules would not go into effect immediately, and
we would have time to prepare a response and advice for our clients to follow. These
new rules would be about who is considered a "public charge" - under what
circumstances someone who receives government benefits is at risk of removal or being
denied admission to the U.S. The new rules would also redefine the list of which
federally-funded benefits could put someone at risk of removal or being denied
admission.
DRAFT Order Concerning Foreign Workers (not yet signed, as of January 30, 2017)
-Revise parole policies, and probably eliminate the ability to adjust one’s status to
permanent resident after entry on parole, including after travel on advance parole.
-Make various changes to different foreign worker visa categories, including but not
limited to:
o Limiting the ability to adjust one’s status.
o Changing to a merit-based system.
o Protecting U.S. workers from being disadvantaged by foreign workers.
o Making the H2A agricultural worker program more efficient.
-Expand the use of E-Verify.
-Investigate any injury caused to any U.S. worker by any foreign worker.
-Report on the number of work permits issued to foreign-born persons, and on the
number of foreign-born persons authorized to work in the U.S.
Other
Temporary Protected Status (TPS)
-President Trump has not said whether he will or will not continue designating countries
that have Temporary Protected Status (TPS).
-Termination of TPS designations would require 60-days’ notice.
-The following countries currently have TPS: El Salvador, Guinea, Haiti, Honduras,
Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, South Sudan, Syria, Yemen
Non-Citizens with Criminal Convictions
-You should contact a reputable attorney or legal services provider for advice if you have
a criminal conviction(s).
-If you are in criminal proceedings now or in the future, you should inform your attorney
that you are a non-citizen and concerned about the immigration consequences of a
criminal conviction or charge.
You Have Rights
-Right to Remain Silent: do not speak to immigration agents or to the police, and do not
sign anything, without first talking to an attorney.
o Do nothing more than give your name and address.
o Do not give your country of birth or country of citizenship/nationality.
o Do not lie or give incorrect information.
o Say only “I won’t answer any more questions until I have an attorney.” Then
stay silent!
-Do not open your door and do not let the police come in unless they have a criminal
arrest or search warrant. Have the person of who the warrant is about come out and close the door behind them.
-City agencies are not supposed to ask about your immigration status, unless it’s
necessary to see if you qualify for certain benefits.
-Police are not supposed to ask about your immigration status, unless it is relevant to
their investigation.
-Call your consulate if you are arrested.
-Do not carry your home-country passport or consular card as identification, if you have
other photo identification
Plan Ahead
-Make an emergency plan in case of detention and deportation:
o Appoint someone to take care of your children.
o Leave copies of your identity documents (passport, birth certificate, etc.) with
someone you trust
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